All flashcards
58 cards
1What is federalism?
2What are intergovernmental immunities?
3What immunities does the federal government enjoy from actions by state governments?
4Congress passed a law allowing the federal government to build a dam on federal lands located within a state. The state government sought to stop c...
5Does the Supremacy Clause of the U.S. Constitution provide a general immunity from state law for federal employees acting within the scope of their...
6A federal postal employee, in the process of delivering the mail, was arrested by a local police officer for driving while intoxicated in violation...
7May the states impose taxes on federal property without the express consent of Congress?
8Can Congress give the states authority to tax federal property or activities?
9What does the Tenth Amendment provide?
10What immunities does the state government enjoy from actions by the federal government?
11Congress voted to admit an island as a new state to the union. Congress wanted the new state to relocate its capital to a city near a major militar...
12Can Congress require a state legislature to enact state legislation to implement a federal law?
13Concerned about the failure of the states to address the problem of teen suicide, Congress enacted a law requiring all states to establish teen-sui...
14Congress enacted a law that required states to impose mandatory annual testing for all automobile drivers who were 70 years and older. If a state f...
15Can Congress require local and state law enforcement officers to enforce federal laws?
16If Congress, under its Commerce Clause power, passes a law that does not specifically exclude the states from its reach, does that law automaticall...
17Does the Tenth Amendment to the U.S. Constitution prevent the federal government from regulating the states as market participants that buy or sell...
18Congress enacted a new disclosure statute. Under this new statute, any entities that sold bonds to the public must have made certain mandatory disc...
19In addition to the federal government’s immunity from state taxation and regulation, what are the main federalism-based limits on state authority?
20What does the Dormant Commerce Clause prohibit?
21In the context of the Dormant Commerce Clause, what is a legitimate local objective that a state law may serve?
22If a state law facially discriminates against out-of-state interests, what requirements must be met for the law to be constitutional under the dorm...
23Concerned about the survival of local wild mountain trout, a state government prohibited selling locally caught wild mountain trout to out-of-state...
24What must a state seeking to defend a state law against a Dormant Commerce Clause challenge prove if the challenged law does not facially discrimin...
25In a Dormant Commerce Clause case, how does the court weigh the state’s interest against the burden on interstate commerce imposed by the state law?
26If a state regulation only incidentally impacts interstate commerce, what elements will a court balance to determine whether the regulation violate...
27A state government enacted a law limiting the length of trains to no more than 100 total cars. Trains longer than 100 cars needed to be reconfigure...
28May states ever pass laws that affect interstate commerce?
29May a state adopt policies governing the state’s direct participation in a market that favor local interests over out-of-state interests without vi...
30A state operated its own colleges. The state also provided a property-tax exemption for a private college if 51 percent of its students were in-sta...
31For state regulations that impact interstate commerce, does the market-participant exception apply to both direct markets and related markets that ...
32In the context of evaluating a state tax on interstate commerce under the Dormant Commerce Clause, under what circumstances does a taxed person or ...
33May a state tax interstate commerce without violating the Dormant Commerce Clause?
34What does the Supremacy Clause provide?
35What is preemption?
36Does the existence of the Dormant Commerce Clause stem from the Supremacy Clause?
37What is the hierarchy of laws under the Supremacy Clause, starting with the most authoritative or supreme law and listed in descending order of sup...
38The U.S. Supreme Court issued a decision that conflicted with a state’s constitution on a particular issue. A state case involving the issue reache...
39If a state law conflicts with a valid federal statute or treaty, is the state law preempted?
40What is express preemption?
41What is conflict or obstacle preemption?
42What is field preemption?
43The federal government enacted extensive and pervasive regulation of the safety requirements of atomic energy in the United States, including the o...
44What is regulatory preemption?
45A lawyer was registered to practice before the United States Patent and Trademark Office (USPTO). Pursuant to its authority under a federal statute...
46Under the Supremacy Clause, in what ways can a state law can be preempted by federal law?
47What is the difference between field preemption and conflict preemption?
48Federal law gave the U.S. Coast Guard broad regulatory authority over the operation of ships using the waters of the United States. Federal statute...
49Can Congress authorize states to regulate in ways that would otherwise be preempted by a federal law?
50Congress enacted a comprehensive workplace-safety law. This law included a savings clause that allowed states to submit a plan to the federal gover...
51Can Congress give authority to the states to enact laws and regulations that impact interstate commerce?
52Congress enacted a statute that authorized state governments to regulate the insurance industry. A state enacted a law governing companies that sol...
53Under the Compact Clause of the U.S. Constitution, when is congressional consent required to validate an agreement between two or more states?
54For multistate agreements that require congressional approval under the Compact Clause, does that congressional approval need to express to be valid?
55Does Congress have the power to suspend the rights protected by the Equal Protection Clause?
56Several states wanted to pass laws offering reduced social-welfare benefits to new residents. The states argued that until a person had lived in a ...
57Can Congress include exceptions in a federal statute that save some state laws from being preempted by that federal statute?
58Congress enacted a comprehensive statute that regulated workplace safety. The legislation expressly stated that a state could also enact its own wo...
All flashcards
58 cards