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Exam (elaborations) Federalism Questions And Answers Latest Update 2024/2025
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Federalism Questions And Answers Latest Update 2024/2025
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Federalism Questions And Answers LatestUpdate 2024/2025
What is federalism? Answer: Federalism is the constitutional concept that certain governmental
functions should be the responsibility of the individual states and certain functions should be the
responsibility of the federal government.
The Constitution creates a system of federalism in the United States, in which two levels of government
—federal and state—share control. Both federal and state governments have the power to make laws
and enjoy some individual autonomy from one another.
What are intergovernmental immunities? Answer: Under the American system of federalism,
intergovernmental immunities are the protections that keep the federal and state governments from
improperly interfering with the exercise of one another's powers.
The federal government is generally immune from regulation and direct taxation by the states via the
Supremacy Clause. State governments have partial immunity from federal regulation or taxation that
interferes with state sovereignty and thus violates the Tenth Amendment.
What immunities does the federal government enjoy from actions by state governments? Answer:
The federal government is generally immune from regulation and direct taxation by the states. Federal
immunity from state laws derives from the Constitution's Supremacy Clause and is sometimes referred
to as intergovernmental immunity.
The federal government may waive its immunity by consenting to state regulation or direct taxation. The
federal government is not immune from indirect taxation that is not discriminatory or unreasonably
burdensome.
Congress passed a law allowing the federal government to build a dam on federal lands located within a
state. The state government sought to stop construction of the dam because the federal government
did not apply for or obtain the necessary construction permits from the state government.
,Can the state require the federal government to obtain state construction permits to build a dam inside
the state? Answer: No. The state cannot require the federal government to obtain state
construction permits to build a dam inside the state. Although in general, state laws can apply to federal
employees and properties, state laws do not apply if they would interfere with federal law or its
objectives. The federal government is generally immune from regulation by the states. This federal
immunity from state laws derives from the Supremacy Clause and is sometimes referred to as
intergovernmental immunity.
Here, requiring a state permit for the federal dam would give the state the ability to interfere with and
control whether and how the federal government could proceed with construction on the federal
government's own land. The federal government is immune from this type of interference with its
objectives under the Supremacy Clause. Thus, the state cannot require a construction permit for the
federal dam.
Does the Supremacy Clause of the U.S. Constitution provide a general immunity from state law for
federal employees acting within the scope of their employment duties? Answer: No. The Supremacy
Clause of the U.S. Constitution does not provide a general immunity from state law for federal
employees acting within the scope of their employment. The general body of state law applies to all
federal employees, including military personnel, unless:
a state law directly conflicts with a federal law or
Congress has expressly preempted the application of that type of law to federal employees.
Under the Supremacy Clause, the states cannot pass laws that impede federal laws or the objectives of
federal laws. This is sometimes called the doctrine of intergovernmental immunity or federal immunity
from state law. However, the Supremacy Clause does not provide a general immunity that protects
federal employees from all state laws just because the employee is engaged in a federal-government
duty.
A federal postal employee, in the process of delivering the mail, was arrested by a local police officer for
driving while intoxicated in violation of state law.
, The postal employee moved to dismiss the state criminal charges. The employee argued that, as a
federal employee engaged in the discharge of her official duties, she was immune from arrest by state or
local police officers.
Is the federal postal employee immune from the state criminal charges because she was performing
official federal duties at the time of the arrest? Answer: No. The federal postal employee is not
immune from the state criminal charges. Under the Supremacy Clause, the states cannot pass laws that
impede federal laws or the objectives of federal laws. However, federal employees are not immune
from the reach of state law. State background laws apply to federal employees unless the state law:
conflicts with a federal law or
is expressly preempted by federal legislation.
This is true even if a federal employee is performing official federal duties.
Here, the state drunk driving law constitutes a valid background law that a state can apply to federal
postal employees. This law does not conflict with a federal law or policy, nor has Congress expressly
immunized federal postal employees from state drunk driving laws. Thus, the postal employee is not
immune from the criminal charges even if she was performing official duties.
May the states impose taxes on federal property without the express consent of Congress? Answer:
No. Unless a state has express congressional consent, a state may not:
directly tax the United States or its instrumentalities, or
forfeit or seize federal-government property for failure to pay a state tax.
Imposing taxes on the federal government's property can frustrate or destroy federal interests. The
Supremacy Clause states that the states cannot interfere with federal interests in this manner. This is
sometimes referred to as the doctrine of intergovernmental immunity or federal immunity from state
law. However, the federal government can choose to waive this immunity and consent to direct state
taxation.
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