Constitutional Law - The Relation Of The Nation And The States In The Federal System

Front 1

Scope of Federal and State Powers

Back 1

Federal: only powers given in Constitution (enumerated and implied)

State: when it conflicts with federal right or power then limited.

Front 2

How the Constitution Limits State Power

Back 2

Three ways:
1. exclusive federal power
2. individual rights
3. preemption

Front 3

Exclusive Federal Power
(How the Constitution Limits State Power)

Back 3

1. coin money
2. make treaties
3. diplomatic relations
4. foreign affairs
5. raise armies

Front 4

Individual Rights
(How the Constitution Limits State Power)

Back 4

State law cannot conflict with constitutional right

Front 5

Preemption
(How the Constitution Limits State Power)

Back 5

Congress can preempt in an area or re: one specific law

E.g., voting (area)

Front 6

Intergovernmental Immunity - Federal

Back 6

1. soverign immunity--cannot be sued without its consent

2. supremacy clause--federal law supreme

3. taxation--state cannot tax federal government

Front 7

Intergovernmental Immunity - State

Back 7

1. sovereign immunity (11th Amendment)
Exception: enforcement powers and when federal government sues state for injunctive relief

2. taxation:
Two situations when states immune to federal taxation:
1. activities unique to state governments
2. essential state government functions

3. Anti-commandeering:
--federal government cannot require states to pass or enforce federal law (only time 10th Amendment is right answer - state consent does not make it constitutional)
(not comandeering to forbid states from doing something)
--> to get around, use spending clause

Front 8

Dormant Commerce Clause

Back 8

States cannot discriminate against out-of-state goods or economic actors.

If it does (facially), state must show:
1. regulation serves compelling state interest
2. regulation is necessary to serve compelling interest

If only incidentally burdens, state must show:
1. important state interest
2. no excessive burden (balance)

Applies to state taxes (must be nondiscriminatory and no excessive burden on interstate commerce)

Front 9

Dormant Commerce Clause Exceptions

Back 9

1. congressional authorization

2. market participant doctrine:
--where state is participating in the market