PSCI 3322 Lecture Notes - Lecture 11: Commerce Clause, Fourteenth Amendment To The United States Constitution, Eleventh Amendment To The United States Constitution
25 Jan 2017
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States with disposal sites can surcharge waste from other states. States can increase cost of access and eventually deny access to the sites. 1 and 2, congress regulates interstate commerce clause. It encourages states to do something, offering incentives. Interfering state sovereignty: 4 justices dissent say that history allows this and cooperative federalism - is better than an enlarged federal bureaucracy. National government would have enormous power if at no cost, it could use the police of 50 states. Congress cannot compel the states to enact or enforce a federal regulatory program: contrary to the argument of the national government, there is no historical argument for this other than perhaps some very recent legislation. Maine probation officers sue maine alleging overtime. It will affect the state"s budget and affect the functioning of the state: want to restrict suits against states because that interferes with the sovereignty/rights of the state. But sometimes we want to be able to sue states.
