1. Federalism Division of power between national and regional governments “A system of states...

Federalism Federalism Division of power between national and Division of power between national and

regional governmentsregional governments ““A system of states within a stateA system of states within a state””

2Copyright © 2014 Cengage Learning

Distribution of Powers Distribution of Powers Powers divided between state and federal Powers divided between state and federal

governmentsgovernments Tenth AmendmentTenth Amendment

National supremacy clauseNational supremacy clause


Distribution of PowersDistribution of Powers■ Constitutional Powers of the National Constitutional Powers of the National

GovernmentGovernment Delegated PowersDelegated Powers

■ Powers specifically delegated to the national Powers specifically delegated to the national government government

■ Found under Article 1 Section 8 of the U.S. ConstitutionFound under Article 1 Section 8 of the U.S. Constitution

Implied PowersImplied Powers■ Necessary and proper clauseNecessary and proper clause


Distribution of PowersDistribution of Powers Constitutional Guarantees to the StatesConstitutional Guarantees to the States States may not combine or divide without permission.States may not combine or divide without permission. Each state gets two members in the Senate and at least Each state gets two members in the Senate and at least

one member in the House.one member in the House. Each state gets one electoral vote for each senator and Each state gets one electoral vote for each senator and

U.S. representative.U.S. representative. States participate equally in the amendment process.States participate equally in the amendment process. States are protected from invasion and domestic States are protected from invasion and domestic

violence.violence. Texas crimes will be tried in Texas.Texas crimes will be tried in Texas.


Distribution of PowersDistribution of PowersConstitutional Limitations on the StatesConstitutional Limitations on the States

Article I, Section 10 U.S. ConstitutionArticle I, Section 10 U.S. Constitution Texas v. WhiteTexas v. White The Fourteenth Amendment and the incorporation The Fourteenth Amendment and the incorporation

theorytheory


Interstate Relations and State ImmunityInterstate Relations and State Immunity Article IV Article IV

Privileges and immunities clausePrivileges and immunities clause Full faith and credit clause Full faith and credit clause

■ Same-sex marriage banSame-sex marriage ban

Eleventh Amendment Eleventh Amendment Sovereign immunitySovereign immunity


State PowersState Powers Not defined in U.S. Constitution Not defined in U.S. Constitution

Reserved Powers – Tenth Amendment Reserved Powers – Tenth Amendment Police power Police power Taxing power Taxing power Proprietary power Proprietary power Eminent domainEminent domain


Federal-State RelationsFederal-State Relations Texas resists national control over state Texas resists national control over state

power.power. Federal grants-in-aidFederal grants-in-aid Devolution Devolution Block grantsBlock grants No Child Left BehindNo Child Left Behind Abortion and Planned ParenthoodAbortion and Planned Parenthood


Historical DevelopmentsHistorical Developments Constitution of Coahuila y Tejas 1827Constitution of Coahuila y Tejas 1827 Constitution of Republic of Texas 1836Constitution of Republic of Texas 1836 Texas Constitution 1845 Texas Constitution 1845 Secession Constitution of 1861Secession Constitution of 1861 Reconstruction Constitution of 1866Reconstruction Constitution of 1866 Texas Constitution 1869Texas Constitution 1869


Historical DevelopmentsHistorical Developments Drafting the Constitution of 1876Drafting the Constitution of 1876

75 Democrats and 15 Republicans elected to the 75 Democrats and 15 Republicans elected to the Constitutional Convention Constitutional Convention

““Retrenchment and ReformRetrenchment and Reform”” Restricted the powers of the 3 branches of Restricted the powers of the 3 branches of

government, reduced public servicesgovernment, reduced public services Supported by the rural populationSupported by the rural population


Historical DevelopmentsHistorical Developments Distrust of government and its legacyDistrust of government and its legacy

Texas lawmakers are restricted to powers spelled Texas lawmakers are restricted to powers spelled out in the state constitution.out in the state constitution.

Provided for a weak governorProvided for a weak governor


Texas Constitution has lasted more than Texas Constitution has lasted more than 135 years.135 years.

Has undergone many amendments, Has undergone many amendments, many of which should be resolved by many of which should be resolved by statutesstatutesProposition 2 on same-sex marriageProposition 2 on same-sex marriage


Constitutional amendment processConstitutional amendment process Must be adopted by two-thirds vote in each Must be adopted by two-thirds vote in each

chamber of legislature and approved by chamber of legislature and approved by majority vote in regular or special electionmajority vote in regular or special election

InitiativeInitiative Not allowed in Texas at the state levelNot allowed in Texas at the state level


Constitutional RevisionConstitutional Revision■ Began soon after adoption in 1887Began soon after adoption in 1887■ 1969 revision1969 revision■ 1971 revision1971 revision

Amendment removed 56 obsolete provisionsAmendment removed 56 obsolete provisions

■ 1974 Constitutional Convention1974 Constitutional Convention Right-to-work provision Right-to-work provision

■ 1975 Constitutional Revision Resolutions 1975 Constitutional Revision Resolutions Rejected by the votersRejected by the voters


More Revision AttemptsMore Revision Attempts 1995 Montford Plan1995 Montford Plan 1999 Ratliff – Junell Draft1999 Ratliff – Junell Draft 2010 – Roy Walthall leads team to 2010 – Roy Walthall leads team to

reorganize and shorten constitution reorganize and shorten constitution Piecemeal RevisionPiecemeal Revision


The Bill of Rights The Bill of Rights Constitutional rights against arbitrary Constitutional rights against arbitrary

governmental actionsgovernmental actions Includes freedom of speech, press, religion, assembly, Includes freedom of speech, press, religion, assembly,

and petitionand petitionRights of criminals and victimsRights of criminals and victimsEqual rights for womenEqual rights for women

Texas Equal Legal Rights Amendment (ELRA)Texas Equal Legal Rights Amendment (ELRA)Additional protectionsAdditional protectionsPhilosophical observationsPhilosophical observations

Have no direct force of lawHave no direct force of law


The Powers of Government and The Powers of Government and Separation of PowersSeparation of Powers Article II – separation of powersArticle II – separation of powers Article III Legislative DepartmentArticle III Legislative Department Article IV Executive DepartmentArticle IV Executive Department

Governor shares powers with lieutenant governor, Governor shares powers with lieutenant governor, attorney general, comptroller of public accounts, attorney general, comptroller of public accounts, commissioner of the General Land Officecommissioner of the General Land Office

Article V Judicial DepartmentArticle V Judicial Department


SuffrageSuffrage Article VIArticle VI

Local GovernmentsLocal Governments Article IX and othersArticle IX and others

Creates local and county government structures Creates local and county government structures Defines municipalities and specials districts Defines municipalities and specials districts

Other Articles Other Articles Cover education, taxation, railroads, private Cover education, taxation, railroads, private

corporations, public lands, impeachment, corporations, public lands, impeachment, general provisions, and mode of amendmentgeneral provisions, and mode of amendment


1.1. Summarize the constitutional powers of Summarize the constitutional powers of the federal government, as well as the the federal government, as well as the constitutional guarantees for (and constitutional guarantees for (and limitations on) the states. limitations on) the states.

2.2. Analyze the constitutional powers Analyze the constitutional powers affecting federal-state relations, as well affecting federal-state relations, as well as the stateas the state’’s powers. s powers.

3.3. Evaluate the evolving nature of the Evaluate the evolving nature of the balance of power between the federal balance of power between the federal and state governments. and state governments.


4.4. Summarize the characteristics of the Summarize the characteristics of the present-day Texas Constitution and how present-day Texas Constitution and how each of the stateeach of the state’’s previous constitutions s previous constitutions shaped its content. shaped its content.

5.5. Analyze the amendment process, Analyze the amendment process, focusing on recent constitutional focusing on recent constitutional amendment elections as well as attempts amendment elections as well as attempts to revise the constitution. to revise the constitution.

6.6. Explain the basic sections of the Texas Explain the basic sections of the Texas Constitution. Constitution.


1. Federalism Division of power between national and regional governments “A system of states...

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