Federal and State powers Exam With Complete Solutions
100% Correct Latest Update
Intro Federal and State powers- ANSWER The federal system is one of the fundamental
checks that the Constitution places on governmental power, wherein the federal and
state governments each have exclusive control over some areas, but at the same time
share authority over other areas.
Exclusive Federal Powers - ANSWER Some powers of the federal government are
expressly declared by the Constitution to be exclusive, such as those to coin money or
enter into treaties. Article I, Sec. 10. Other powers are by their nature exclusively
federal, such as the power to declare war and the power over citizenship; an attempt of
a state to exercise authority in these areas would practically nullify the power of the
federal government.
Exclusive State Powers - ANSWER The Tenth Amendment provides that all powers not
assigned by the Constitution to the federal government are reserved to the states, or to
the people. In theory this gives the states expansive, exclusive power. In practice,
however, given the broad interpretation of the Commerce Clause and the spending
power the federal government has very broad authority, making state power rarely
exclusive.
Concurrent Federal and State Laws- Supremacy clause - ANSWER It is possible-and
common-for the federal and state governments to legislate in the same area. When this
occurs, the Supremacy Clause, Article VI, paragraph 2, provides that federal law
supersedes conflicting state law (see §VIII. Federal Preemption of State Law, infra).
Congressional action (federal regulation)hone state immunity - ANSWER Federal
government has virtually unlimited power to regulate states; as long as Congress is
exercising one of its enumerated powers, Congress may regulate states. For example, a
federal minimum wage and overtime statute enacted under the commerce power can be
applied to state employees. Similarly, Congress may reach and prohibit state officials
from divulging personal information derived from an application for a driver's license
because such information is an article of commerce being resold in interstate
commerce.
,If Congress is of the view that a person's civil liberties are being violated by a state then
it may reach to place restrictions on the activities of such a state under the power
conferred by the Fourteenth and Fifteenth Amendments.
"Commandeering" limitation (congressional action) (federal regulation) (state immunity)
- ANSWER Congress may not require a state to pass legislation or to administer a
federal regulatory program, and may not achieve indirectly what it cannot achieve
directly by commandeering an executive officer of a state. No such distinction, however,
exists between forcing a state to legislate and prohibiting a state from enacting new
laws—the prohibition extends either way, Congress may not issue direct commands to
state legislatures. However, by the use of the taxing and spending powers, Congress
may induce state action that it cannot directly require.
"Commandeering" limitation example (congressional action) (federal regulation) (state
immunity) - ANSWER In South Dakota v. Dole, 483 U.S. 203 (1987), the Court held that
Congress could condition a provision of five percent of federal highway funds on the
state's raising its drinking age to 21.
"Coercion" limitation congressional action federal regulation state immunity - ANSWER
While, as noted, Congress, through the use of its taxing and spending powers, can
encourage states to act in ways in which it cannot directly compel, Congressional
encouragement may not exceed the point at which "pressure turns into compulsion."
Remedying constitutional violations - judicial action - state immunity ANSWER The
federal judiciary has wide-ranging equitable powers in crafting relief for a constitutional
violation. Thus, although a federal court cannot raise revenue through the judicial
imposition of a tax to fund a remedy for racial discrimination, it may, as part of its
equitable powers, direct a local government which does have taxing authority to levy a
tax, and may do so notwithstanding a state statutory limitation that otherwise would bar
such an action.
State legislators judicial action state immunity - ANSWER State legislators are
completely immune from suit for damages and for declaratory and injunctive relief for
actions within the sphere of legitimate legislative activity.
Federal Taxation intro federal action state immunity - ANSWER Pursuant to the
Supremacy Clause of Article VI, the federal government may tax a state; the Tenth
Amendment does not protect a state from all federal taxation.
,Federal Taxation example 1 (federal action) (state immunity) - ANSWER Excise tax
impose on sale of mineral water could be imposed on mineral water from state-owned
property. New York v. United States, 326 U.S. 572 (1946)
Federal Taxation example 2 (federal action) (state immunity) - ANSWER Federal
licensing tax imposed on sellers of alcohol could be imposed on sellers who were agents
of the state even when the tax was paid by the state. South Carolina v. United States,
199 U.S. 437 (1905)
Federal Taxation state partial immunity("====================") (federal action)
(state immunity) - ANSWER However, states have partial immunity from direct federal
taxation that would unduly interfere with the performance of the states' "sovereign
functions of government." Therefore, the federal government generally may not impose
significant taxes directly on states for property used for or income received from the
state's performance of basic governmental functions (e.g., public schools, state parks,
etc.).
State regulation and taxation of commerce intro - ANSWER The Constitution
contemplates a system of regulation of commerce and taxation in which both the federal
and state governments participate.
Dormant commerce clause: (1) General rule; (2) Discrimination against out-of-state
commerce; (exceptions); (3) Undue burden on interstate commerce; (4)
"Extraterritoriality"
Dormant commerce clause introLiftstate regulation and taxation of commerce -
ANSWER The Dormant Commerce Clause (sometimes called the Negative Commerce
Clause) is a judicial doctrine that restricts the legislative power of the states with
respect to matters affecting interstate commerce. Article I, Section 8, Clause 3 reserves
to Congress the power "[t]o regulate commerce with foreign nations, and among the
several states, and with the Indian tribes"; as a corollary, individual states are limited in
their ability to legislate on such matters.
Dormant commerce clause general rule - state regulation and taxation of commerce -
ANSWER If Congress has not acted in a given field of interstate commerce, the states
, are free to regulate, provided only that the state or local action does not: i) Discriminate
against out-of-state commerce; ii) Unduly burden interstate commerce; or iii) Regulate
extraterritorial (wholly out-of-state) activity.
Discrimination against out-of-state commerce-dormant commerce clause-state
regulation and taxation of commerce - ANSWER A state or local regulation discriminates
against out-of-state commerce if it protects local economic interests at the expense of
out-of-state competitors; such as prohibiting importation of out-of-state garbage and
out-of-state milk suppliers.
Discrimination on its face against out-of-state commerce (dormant commerce clause)
(state regulation and taxation of commerce) - ANSWER If a state or local regulation, on
its face or in practice, is discriminatory, then the regulation may be upheld if the state or
local government can show that:
i) An important local interest is being served; and
ii) No other nondiscriminatory means are available to achieve that purpose.
Market-participant exception (dormant commerce clause) (state regulation and taxation
of commerce) - ANSWER A state may behave in a discriminatory fashion if it is acting as
a market participant (buyer or seller), as opposed to a market regulator. If the state is a
market participant, it may favor local commerce or discriminate against nonresident
commerce as could any private business. E.g., (state-owned cement plant may, in times
of shortage, sell only to in-state buyers).
Market-participant exception exam tip (dormant commerce clause) (state regulation and
taxation of commerce) - ANSWER Note that the market-participant exception does not
apply to challenges pursuant to the Privileges and Immunities Clause of Article IV. See
United Bldg. & Constr. Trades Council v. Camden, 465 U.S. 208 (1984). ***.
Consequently, when a state is acting as a market participant and has discriminated
against out-of-staters with respect to the privileges and immunities it extends to its own
citizens, there must nonetheless be a sufficient justification of the discrimination to
survive the Privileges and Immunities Clause of Article IV.
Traditional government function exception (dormant commerce clause) (state
regulation and taxation of commerce) - ANSWER State and local regulations may favor
state and local government entities, though not local private entities, when those
entities are performing a traditional governmental function, such as waste disposal. For
100% Correct Latest Update
Intro Federal and State powers- ANSWER The federal system is one of the fundamental
checks that the Constitution places on governmental power, wherein the federal and
state governments each have exclusive control over some areas, but at the same time
share authority over other areas.
Exclusive Federal Powers - ANSWER Some powers of the federal government are
expressly declared by the Constitution to be exclusive, such as those to coin money or
enter into treaties. Article I, Sec. 10. Other powers are by their nature exclusively
federal, such as the power to declare war and the power over citizenship; an attempt of
a state to exercise authority in these areas would practically nullify the power of the
federal government.
Exclusive State Powers - ANSWER The Tenth Amendment provides that all powers not
assigned by the Constitution to the federal government are reserved to the states, or to
the people. In theory this gives the states expansive, exclusive power. In practice,
however, given the broad interpretation of the Commerce Clause and the spending
power the federal government has very broad authority, making state power rarely
exclusive.
Concurrent Federal and State Laws- Supremacy clause - ANSWER It is possible-and
common-for the federal and state governments to legislate in the same area. When this
occurs, the Supremacy Clause, Article VI, paragraph 2, provides that federal law
supersedes conflicting state law (see §VIII. Federal Preemption of State Law, infra).
Congressional action (federal regulation)hone state immunity - ANSWER Federal
government has virtually unlimited power to regulate states; as long as Congress is
exercising one of its enumerated powers, Congress may regulate states. For example, a
federal minimum wage and overtime statute enacted under the commerce power can be
applied to state employees. Similarly, Congress may reach and prohibit state officials
from divulging personal information derived from an application for a driver's license
because such information is an article of commerce being resold in interstate
commerce.
,If Congress is of the view that a person's civil liberties are being violated by a state then
it may reach to place restrictions on the activities of such a state under the power
conferred by the Fourteenth and Fifteenth Amendments.
"Commandeering" limitation (congressional action) (federal regulation) (state immunity)
- ANSWER Congress may not require a state to pass legislation or to administer a
federal regulatory program, and may not achieve indirectly what it cannot achieve
directly by commandeering an executive officer of a state. No such distinction, however,
exists between forcing a state to legislate and prohibiting a state from enacting new
laws—the prohibition extends either way, Congress may not issue direct commands to
state legislatures. However, by the use of the taxing and spending powers, Congress
may induce state action that it cannot directly require.
"Commandeering" limitation example (congressional action) (federal regulation) (state
immunity) - ANSWER In South Dakota v. Dole, 483 U.S. 203 (1987), the Court held that
Congress could condition a provision of five percent of federal highway funds on the
state's raising its drinking age to 21.
"Coercion" limitation congressional action federal regulation state immunity - ANSWER
While, as noted, Congress, through the use of its taxing and spending powers, can
encourage states to act in ways in which it cannot directly compel, Congressional
encouragement may not exceed the point at which "pressure turns into compulsion."
Remedying constitutional violations - judicial action - state immunity ANSWER The
federal judiciary has wide-ranging equitable powers in crafting relief for a constitutional
violation. Thus, although a federal court cannot raise revenue through the judicial
imposition of a tax to fund a remedy for racial discrimination, it may, as part of its
equitable powers, direct a local government which does have taxing authority to levy a
tax, and may do so notwithstanding a state statutory limitation that otherwise would bar
such an action.
State legislators judicial action state immunity - ANSWER State legislators are
completely immune from suit for damages and for declaratory and injunctive relief for
actions within the sphere of legitimate legislative activity.
Federal Taxation intro federal action state immunity - ANSWER Pursuant to the
Supremacy Clause of Article VI, the federal government may tax a state; the Tenth
Amendment does not protect a state from all federal taxation.
,Federal Taxation example 1 (federal action) (state immunity) - ANSWER Excise tax
impose on sale of mineral water could be imposed on mineral water from state-owned
property. New York v. United States, 326 U.S. 572 (1946)
Federal Taxation example 2 (federal action) (state immunity) - ANSWER Federal
licensing tax imposed on sellers of alcohol could be imposed on sellers who were agents
of the state even when the tax was paid by the state. South Carolina v. United States,
199 U.S. 437 (1905)
Federal Taxation state partial immunity("====================") (federal action)
(state immunity) - ANSWER However, states have partial immunity from direct federal
taxation that would unduly interfere with the performance of the states' "sovereign
functions of government." Therefore, the federal government generally may not impose
significant taxes directly on states for property used for or income received from the
state's performance of basic governmental functions (e.g., public schools, state parks,
etc.).
State regulation and taxation of commerce intro - ANSWER The Constitution
contemplates a system of regulation of commerce and taxation in which both the federal
and state governments participate.
Dormant commerce clause: (1) General rule; (2) Discrimination against out-of-state
commerce; (exceptions); (3) Undue burden on interstate commerce; (4)
"Extraterritoriality"
Dormant commerce clause introLiftstate regulation and taxation of commerce -
ANSWER The Dormant Commerce Clause (sometimes called the Negative Commerce
Clause) is a judicial doctrine that restricts the legislative power of the states with
respect to matters affecting interstate commerce. Article I, Section 8, Clause 3 reserves
to Congress the power "[t]o regulate commerce with foreign nations, and among the
several states, and with the Indian tribes"; as a corollary, individual states are limited in
their ability to legislate on such matters.
Dormant commerce clause general rule - state regulation and taxation of commerce -
ANSWER If Congress has not acted in a given field of interstate commerce, the states
, are free to regulate, provided only that the state or local action does not: i) Discriminate
against out-of-state commerce; ii) Unduly burden interstate commerce; or iii) Regulate
extraterritorial (wholly out-of-state) activity.
Discrimination against out-of-state commerce-dormant commerce clause-state
regulation and taxation of commerce - ANSWER A state or local regulation discriminates
against out-of-state commerce if it protects local economic interests at the expense of
out-of-state competitors; such as prohibiting importation of out-of-state garbage and
out-of-state milk suppliers.
Discrimination on its face against out-of-state commerce (dormant commerce clause)
(state regulation and taxation of commerce) - ANSWER If a state or local regulation, on
its face or in practice, is discriminatory, then the regulation may be upheld if the state or
local government can show that:
i) An important local interest is being served; and
ii) No other nondiscriminatory means are available to achieve that purpose.
Market-participant exception (dormant commerce clause) (state regulation and taxation
of commerce) - ANSWER A state may behave in a discriminatory fashion if it is acting as
a market participant (buyer or seller), as opposed to a market regulator. If the state is a
market participant, it may favor local commerce or discriminate against nonresident
commerce as could any private business. E.g., (state-owned cement plant may, in times
of shortage, sell only to in-state buyers).
Market-participant exception exam tip (dormant commerce clause) (state regulation and
taxation of commerce) - ANSWER Note that the market-participant exception does not
apply to challenges pursuant to the Privileges and Immunities Clause of Article IV. See
United Bldg. & Constr. Trades Council v. Camden, 465 U.S. 208 (1984). ***.
Consequently, when a state is acting as a market participant and has discriminated
against out-of-staters with respect to the privileges and immunities it extends to its own
citizens, there must nonetheless be a sufficient justification of the discrimination to
survive the Privileges and Immunities Clause of Article IV.
Traditional government function exception (dormant commerce clause) (state
regulation and taxation of commerce) - ANSWER State and local regulations may favor
state and local government entities, though not local private entities, when those
entities are performing a traditional governmental function, such as waste disposal. For
