State Sovereignty

After you have derived the enumerated power from which Congress may (or may not) pass a particular law, consider State Sovereignty/10th Amendment issues.
11th Amendment-The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.
1. b. The 11th Amendment permits:
  1. i. Court has had to consider when the suit is against the state itself, because if it’s not against the state itself, then it is not prohibited
  2. ii. Certain suits against state officials:
    1. 1. If a state official violates a federal right (law, statute, constitutional right), such as equal protection, he is not acting as a state official in his official capacity, and thus, may be sued
    2. 2. Only suits for injunctive relief—not for damages—can be heard in federal court a. In damages suits, there’s always a chance that the state might have to shell out money from the state treasury, and the federal government would essentially be ordering the state to shell out money which is prohibited
2. a. The 11th Amendment prohibits::
  1. i. A citizen of one state may not sue another state without the consent of that state in federal court 1. The 11th Amendment can be waived by States if they so choose
  2. ii. A citizen of one state may not sue his own state in federal court
3. d. There is a 2-part test to determine whether Congress has abrogated the States’ sovereign immunity:
  1. i. Congress must unambiguously provide for the 11th Amendment waiver (Has Congress clearly and unambiguously stated that the state can be sued?)
    1. ii. Congress must act pursuant to a valid exercise of power 1. Congress may waive the sovereign immunity of the states if it legislates pursuant to § 5 of the 14th Amendment, but NOT if it legislates pursuant to the Commerce Clause
10th amendment-The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
1. Tenth Amendment Test
  1. 1. silent as to a particular power, then it is reserved to the state.
  2. 2. Executive can not compel state officials to do something.
  3. 3. Doesn’t apply to laws which apply generally to state and private officials
2. The 10TH Amendment also is the basis of the prong of the Conditional Spending Test that says Congress can’t force a state to adopt federal legislation.
  1. * But see McCulloch v. Maryland and consider the Necessary and Proper Clause also…
Garcia v. SAMTA What to get out of this case: All powers not specifically given to the federal government in the Constitution are reserved to the states. Laws which apply generally to state and private officials do not violate the Tenth Amendment.
New York v. United States What to get out of this case: The federal government may not order the states to enact particular legislation. If it does, it is a violation of the Tenth Amendment. Here, the federal government compelled the states by threatening to force the state to take title to all radioactive waste, or become liable to in-state waste generators for all resulting damages if the did not comply.
Printz v. United States What to get out of this case: The federal government may neither compel states to enact a particular program, nor compel state officers to enforce federal law.

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State Sovereignty

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	Created by ditzymuffin over 10 years ago