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What are Intergovernmental Immunities?

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Intergovernmental Immunity: Protecting the Federal Government from State Interference

The doctrine of intergovernmental immunity is a vital legal principle that safeguards the federal government from undue state interference. It prevents states from enacting laws that directly regulate the United States or discriminate against it and its contractors.

What is Intergovernmental Immunity?

  • Core Principle: It shields the federal government from state laws that hinder its operations.
  • Rooted in Supremacy Clause: This doctrine derives from the Supremacy Clause of the U.S. Constitution (Article VI, Clause 2), which establishes federal law as the "supreme Law of the Land."
  • Protection from Discrimination: It ensures states don't impose disproportionate costs on the federal government for local benefit.

Key Aspects of the Doctrine:

  • Nondiscrimination: States cannot create laws that unfairly burden the federal government or its contractors.
    • As clarified in United States v. Washington, 596 U.S. 832 (2022), the doctrine has evolved to focus on direct regulation and discrimination.
  • Historical Context: Originally, it broadly barred state laws that increased federal costs. Now, it's more narrowly applied.
  • Intergovernmental Tax Immunity: This extends to preventing states from taxing federal obligations in a way that impairs the federal government's borrowing power.
    • Rockford Life Ins. Co. v. Illinois Dept. of Revenue, 482 U.S. 182 (1987) highlights this aspect.
    • 4 U.S.C.A. § 111 codifies this, allowing state taxation of federal employees' pay only if it's non-discriminatory, as seen in Dawson v. Steager, 586 U.S. 171 (2019).
  • Purpose: To maintain the balance of power between state and federal governments and ensure smooth operation of the federal system.
    • Davis v. Michigan Dept. of Treasury, 489 U.S. 803 (1989) and Jefferson County, Ala. v. Acker, 527 U.S. 423 (1999) demonstrate its application across various contexts.

In Simple Terms:

Intergovernmental immunity is like a shield that protects the federal government from state laws that try to control or unfairly tax it. This ensures that the federal government can effectively carry out its duties without being hindered by individual state actions.