The Road to South Carolina: Intergovernmental Tax Immunity and the Constitutional Status of Federalism

In South Carolina v. Baker the Supreme Court struck a powerfulblow at constitutional federalism. As a result of this landmarkcase, the question of whether issuing tax exempt bonds is asovereign right of the states or a privilege they are accordedby the national government has been settled. Relying in parton precedent from Garcia, the Court determined that immunityis not a right under the Tenth Amendment. In addition, SouthCarolina established a new doctrine of intergovernmental taximmunity which formally accords superior powers to the nationalgovernment. Taken together, these results have implicationsfor the future course of intergovernmental fiscal policy aswell as the basic character of the relationship between thenational and state and local governments.