Fluent Essays

TEXAS GOVERNMENT 2306 TEST 1 Chapters 1-3 1. Discuss the influences of political culture on the study of Texas government and politics. 2. What are some of the key similarities and differences between the Texas Constitution and the U.S. Constitution? 3. Explain federalism. What it is. How it works. Be as specific as possible. 4. Explain the “Necessary and Proper” clause and the 10th Amendment. What are each? What impact have they had? Give examples. Be as specific as possible. 5. Describe the history of Texas as a one-party state. Which party dominates Texas politics, and what are the historical origins behind this dominance? What were some of the ramifications of one-party rule? What caused the rise of a two-party system in Texas? Lecture PPTs GOVERNING TEXAS THIRD EDITION ANTHONY CHAMPAGNE EDWARD J. HARPHAM JASON P. CASELLAS © 2016 W. W. Norton & Co., Inc. 1 Chapter 2 The Texas Constitution      2 The Texas Constitution Amendments to the Texas Constitution originate in the House of Representatives and then go to voters for approval. Here, Texas Speaker of the House Joe Straus strikes the gavel as the Texas House votes to pass a proposed constitutional amendment that would boost spending for roads and bridges. 3 Why the Texas Constitution Matters 4 The Texas Constitution is the legal framework within which the government works. Rights guaranteed in the Texas Constitution go beyond those of the U.S. Constitution. The length and detail of the Texas Constitution make the amendment process central to the political process. Examples of matters detailed in the Texas Constitution: Article 1, Section 7, stipulates that money will not be appropriated to the benefit of a sect, religious society, or religious seminary. Section 7 lists conditions that must be met by the state if it wants to take, damage, or destroy the private property of individuals. Section 30 lists the rights of victims of crime. Section 31 defines marriage as consisting “only of the union of one man and one woman.” Section 33 guarantees Texans a right to access and use public beaches. 4 The Role of a State Constitution 5 State constitutions perform a number of important functions: Establish political institutions and explain the source of their power and authority Delegate powers to particular institutions and individuals and define how those powers are to be used Protect against the concentration of political power in one institution or individual Define the limits of political power After so much discussion about how and why Texas is different, it’s important to point out that the state is like all others in this respect: all states have a constitution. Constitution: the legal structure of a government, which establishes its power and authority as well as the limits on that power Prompt students to examine how a constitution is different from mere laws. What belongs in a constitution, and what should merely be a law? Must a constitution always be followed? What measures should be taken to ensure the constitution remains a living document, applicable to contemporary society? 5 The Role of a State Constitution: Influence of U.S. Constitution 6 Texas’s constitution is heavily influenced by the U.S. Constitution. Political power is derived from the people Both constitutions feature a separation of powers Legislative, executive, and judicial branches A system of checks and balances limits the powers of each branch, as a way to protect against tyranny Certain individual rights must not be violated These essential features are common to most state constitutions. Separation of powers: the division of governmental power among several institutions that must cooperate in decision making Checks and balances: the constitutional idea that overlapping power is given to different branches of government to limit the concentration of power in any one branch Tyranny: according to James Madison, the concentration of power in any one branch of government The Federalist Papers 6 The Role of a State Constitution: How U.S. Constitution Is Different 7 The idea of federalism is also embodied in the constitutions of the U.S. and Texas. Important differences distinguish the two: Supremacy clause: the U.S. Constitution and federal laws are the supreme law of the land Necessary and proper clause: the federal government has all the authority it needs to carry out its powers Federalism: a system of government in which power is divided, by a constitution, between a central government and regional governments A key point is that the Texas state government is more constrained than is the federal government. The voters of Texas have been far less willing to allow the state all the necessary and proper powers compared to the U.S. government. Thus, the state government is constrained from above, as it were, by the supremacy clause and constrained from below by the people in what it can do. 7 The First Texas Constitutions: Their Role in Texas Politics 8 Texas has many myths surrounding its origins, and separating these myths from historical fact is important in understanding the development of Texas as a state. Six different constitutions governed the state prior to the current constitution. Each reflects different national priorities, different issues of the time, and the different values of the writers. Myths surrounding early Texas trumpet its unique origins as an independent republic that fought to attain its own independence and suggest that Texas has a privileged position given the way it entered the Union, or that it reserved for itself a right to break up into separate states or even to leave the Union. 8 The Texas Founding 9 Texas had a founding period that was much longer than the United States. period of discontent, independence declaration differences and similarities in terms of the characteristics of the Founding Period in comparison with that of the U.S. 9 The Texas Founding: Independence from Spain 10 After challenges to Spanish rule by Spanish Texans, Texas gained independence from Spain with Mexico in 1821. The first federal constitution that Texas operated under was the Mexican Constitution. Spanish Texas remained part of New Spain until the Mexican War of Independence, which grew out of a series of revolts during the Napoleonic Wars. Mexico was formally granted independence on August 24, 1821. 10 The Texas Founding: The Constitution of Coahuila y Tejas 11 Texas gained independence from Spain with Mexico in 1821. The Constitution of Coahuila y Tejas, 1827 The Mexican Constitution combined the state of Coahuila and province of Texas: “Coahuila y Tejas” The State Constitution of 1827 made Texas the District of Bexar, defined a unicameral legislature, and guaranteed liberty, security, property, and equality Catholicism was the established state religion The Mexican Constitution was similar in many ways to the U.S. Constitution. Bexar is pronounced “bear.” Language in the Constitution of 1827 supported efforts to curtail the spread of slavery. Unicameral: comprising of one body or house, as in a one-house legislature 11 The Texas Founding: Annexation of Texas Cartoon 12 This 1844 cartoon satirized congressional opposition to the annexation of Texas. Personified as a beautiful young woman, Texas is holding a cornucopia filled with flowers. Though James K. Polk, elected to the presidency in 1844, welcomes Texas, the Whig Party leader Senator Henry Clay, with arms folded, warns, “Stand back, Madam Texas! For we are more holy than thou! Do you think we will have anything to do with gamblers, horse-racers, and licentious profligates?” 12 The Texas Founding: Texas Constitution of 1836 13 The Constitution of the Republic of Texas, 1836 Texas’s break with Mexico was in part a constitutional crisis. Among Texas residents’ demands: A more liberal immigration policy for people from the United States The establishment of English- and Spanish- speaking primary schools Separate statehood for Texas, apart from Coahuila Students may find great irony in some of these demands, given the politics of immigration and language in the United States today. 13 The Texas Founding: Texas Declaration of Independence 14 The Texas Declaration of Independence Adopted in 1836 at Washington-on-the-Brazos 39 of the 59 delegates were from southern slave states; only 10 of 59 had lived in Mexico prior to 1830 The declaration drew on the ideas of John Locke, who argued the purpose of government is to protect rights; and Thomas Jefferson, in cataloguing a list of grievances The declaration’s “melancholy conclusion” centered on the idea that any government that stripped a people of their liberty was unacceptable, and that self-preservation demanded “eternal political separation” from Mexico. 14 The Texas Founding: Copy of Texas Declaration of Independence 15 The Texas Declaration of Independence was written by George C. Childress and adopted at the Convention of 1836. Childress modeled the document on the American Declaration of Independence. 15 Figure 2.1: The Republic of Texas, 1836–45 16 This map shows the Republic of Texas with its large claimed territory. Texas’s current boundaries were not established until 1850. Even then, minor controversies persisted along the Red River. 16 The Texas Founding: Texas Constitution of 1836, Continued 17 The Constitution of the Republic of Texas, 1836 Resembled the U.S. Constitution Established a bicameral legislature Guaranteed White male suffrage Defended slavery as an institution Under this constitution, the Texas population skyrocketed Although the constitution called for annexation by the U.S., Texas remained an independent republic The 1836 Constitution was brief and flexible; established an elected executive, a bicameral legislature, and a four-tiered judicial system consisting of justice, county, district, and supreme courts; put into place a system of checks and balances; defined procedures for amending the constitution; and elaborated a bill of rights. Bicameral: having a legislative assembly composed of two chambers or houses The Republic of Texas outlawed the importation of slaves from Africa but guaranteed that slaveholders could keep their property and that new slaveholding immigrants could bring their slaves into Texas. Annexation by the U.S. was delayed due to concerns that: admitting Texas as a slave state would upset the balance between slave and free states. annexation would lead to war with Mexico. 17 The Texas Founding: Lowering of Republic Flag 18 The lowering of the Republic flag marked Texas’s annexation to the Union on March 1, 1845. A state constitution was drafted shortly thereafter to reflect Texas’s new role. 18 The Texas Founding: Texas Constitution of 1845 19 The Texas State Constitution of 1845 Annexed as a state in 1845, it ceded defense-related property to the U.S. but retained vacant land. The state could break up into four additional states when population proved adequate. The new and longer constitution provided for: Two legislative houses An elected governor and lieutenant governor A judicial branch A process for amending the constitution Texas claimed land extending far beyond its present state boundaries. 19 The Texas Founding: Texas State Capitol 20 This image shows what the Texas State capitol looked like in the 1850s. It burned in 1881. Texas’s first constitution after joining the Union as a state was ratified in 1845. It lasted until 1861 when Texas seceded from the Union along with other southern states. 20 The Texas Founding: Texas Constitution of 1861 21 The Constitution of 1861: Texas Joins the Confederacy The secession convention in 1861 proclaimed the laws and constitution of the Union trampled on the rights of Texans, especially with regard to slavery. Texas voters approved secession, and the state entered the Confederacy. The new constitution declared the freeing of slaves illegal, but there were few changes otherwise. Slavery had made it difficult for Texas to get into the Union in 1848; but by 1860 slavery had become vital to the Texas economy, and so it was slavery that drove Texas from the Union. Confederacy: the Confederate States of America, those southern states that seceded from the United States in late 1860 and 1861 and argued that the power of the states was more important than the power of the central government 21 The Texas Founding: Texas Constitution of 1866 22 The Constitution of 1866: Texas Rejoins the Union Ratified by slim majority, the new constitution following defeat in the Civil War accepted the abolition of slavery. Black Codes: Freed men were allowed own property and to sue but were banned from voting or holding office Salaries for officeholders were increased, as was the size of the state supreme court. Congressional apportionment would be based only on the number of white male citizens. The close vote on the ratification of the new constitution was attributed to unhappiness with the increase in salaries of state officers. Ask students what other issues might have contributed to a close vote. 22 The Texas Founding: Reconstruction Constitution of 1869 23 The Reconstruction Constitution of 1869 The Confederate states required new state constitutions to comply with federal laws. Congressional Reconstruction Acts of 1867 Radical Republicans won the vote for a convention The new constitution, published under military orders, extended the vote and political equality to black men. Thirteenth and Fourteenth Amendments The governor, Edmund Davis, was given vastly expanded powers. Radical Republicans: a bloc of Republicans in the U.S. Congress who pushed through the adoption of black suffrage as well as an extended period of military occupation of the South following the Civil War There were additional changes to the legislature’s size, terms, and election cycles. The 1866 Constitution, though drafted after the Civil War, remained in violation of federal law. This was true for many southern states. Consequently, a new constitution would again be required to remain in the Union, only three years after the postwar constitution had been adopted. Along with other changes, the new constitution gave the governor new and undemocratic powers, which he exercised, although the degree to which these were exercised is debated. 23 The Constitution of 1876 24 The constitutional convention called in 1875 generated a new constitution. Forty of the delegates were members of the Grange This is still the basis for Texas government today. The four goals of this constitution: Strong popular control of the government (voters) Limits to powers Restraints to spending Promotion of agricultural interests Governor Davis had been able to abuse power because the prior constitution allowed so much, and there were very few checks by other institutions or the public. Of the delegates to the convention, 75 were white Democrats and 15 were Republicans, 6 of whom were black. Forty were farmers. Forty were members of the Grange. Grange: a militant farmers’ movement of the late nineteenth century that fought for improved conditions for farmers Discuss how the plight of farmers was impacted by the 1876 Constitution. 24 The Constitution of 1876: Copy of Constitution 25 The example of Edmund Davis’s reign motivated the revision of executive branch power in the Constitution of 1876. The framers of that constitution sought popular control of state government in order to limit the appointment powers of the governor as provided by the Constitution of 1869. 25 The Constitution of 1876: New Limits on Government 26 The new limits on government were in many ways in reaction to the state’s experience with Governor Davis. Judges to be elected Governor’s powers diffused (plural executive) Part-time legislature Limits to taxes and debt Schools—segregated—not to be compulsory Regulation of railroads and banks Davis’s legacy is Texas’s resistance to strong executive powers, which has lasted into modern politics. With local control over education, white landowners could avoid paying taxes for the education of black students. The Texas Constitution of 1876 was lengthy, rigid, and detailed. 26 The Constitution of Texas Today 27 Today’s Texas Constitution is a notoriously poor document. Outdated and over-amended 483 amendments The focus is the principle of limited government Written to prevent the expansion of governmental authority The Preamble Surprisingly short, in contrast with what follows Limited government: a principle of constitutional government; a government whose powers are defined and limited by a constitution Criticisms of the Texas Constitution are not ideological or partisan; there is widespread agreement among academics, policy makers, and lawmakers on this point. 27 The Constitution of Texas Today: Table 2.3: The Texas Constitution: An Overview 28 28 The Constitution of Texas Today: Articles 1 and 2 29 Article 1: Bill of Rights Rights are listed up front, in order to stress limits upon the state’s powers The right to republican government is powerfully articulated It is much more detailed and specific than the U.S. Bill of Rights Article 2: The Powers of Government Three branches: legislative, executive, and judicial Republican government: a representative democracy, a system of government in which power is derived from the people The U.S. Constitution is a “living document” in that what specific rights mean changes over time as the Supreme Court of the United States comes to interpret it differently. In the Texas case, the document itself has to be altered for the meaning to change, which means either the constitution gets amended more frequently or that it ends up “lagging” behind society. One is not necessarily better than the other, but it is something the students should understand. 29 The Constitution of Texas Today: Article 3 30 Article 3: Legislative Department The Texas House of Representatives (two-year terms) and the Texas Senate (four-year terms) Limits on salaries The Texas Ethics Commission The comptroller of public accounts The largest portion of Article 3 is dedicated to addressing a variety of policy issues It may be worth noting that most states of comparable size have full-time state legislatures, whereas Texas’s legislature is part-time. The idea of limiting Texas to a part-time legislature effectively limits what it can do by curtailing the amount of time the legislature has to devote to issues. Some prefer this system, where legislators cannot become wealthy from taxpayer dollars doing legislative work. Short terms and biennial sessions also force the legislature to focus on a small set of priority issues, which suits many voters just fine. Some are concerned that only people with another source of income can devote this much time to being a legislator. 30 The Constitution of Texas Today: Article 4 31 Article 4: Executive Department Creates a plural executive: the executive department consists of six offices, five of which are elected Not just the governor Secretary of state is appointed by the governor with Senate approval Independently elected offices limit governor power Different parties may hold (and have held) executive power Plural executive: an executive branch in which power is fragmented because the election of statewide officeholders is independent of the election of the governor You may want to ask the students if they think so many offices being elected is a good thing. On the one hand, the more offices that are appointed, the more coherent the executive branch can be about policy. On the other hand, the more independent they are, the more consensus must be reached across potentially differing opinions. See Table 2.2 for an outline of major constitutional officers in Texas. 31 The Constitution of Texas Today: Articles 5 and 6 32 Article 5: Judicial Department Texas effectively has two supreme courts Criminal cases: Texas Court of Criminal Appeals Civil cases: Texas Supreme Court All justices and judges are elected Article 6: Suffrage Who votes in Texas and the legislative roles in elections Another great opportunity to get students talking and thinking is to ask them the strengths and weaknesses of electing judges versus appointing them. Consider having them list the benefits and weaknesses of each in small groups. Consider asking about alternatives that allow for more flexibility than appointing for life and electing all positions. Many states have retention elections, for example. 32 The Constitution of Texas Today: Articles 7–9 33 Article 7: Education Public schools promote a republican form of government Requires Texas to support, maintain, and fund an efficient system of public schools; and to create of a Board of Education Article 8: Taxation and Revenue Articles 9 and 11: Local Government Education public policy is one of the most contentious issues in Texas. This is a good opportunity to engage students in a discussion regarding funding and its uses, and the role of the federal government in education. 33 The Constitution of Texas Today: Articles 10, 12–16 34 Articles 10, 12, 13, and 14 Railroads, private corporations, Spanish and Mexican land titles, and public lands Article 15: Impeachment Impeachment is a formal charge by which a state official may be removed from office The House and Senate (and the courts) decide what constitutes an impeachable offense Article 16: General Provisions Impeachment: under the Texas Constitution, the formal charge by the House of Representatives that leads to trial in the Senate and possible removal of a state official 34 The Constitution of Texas Today: Article 17 35 Article 17: Amending the Constitution A four-stage process The legislature proposes amendments They must be approved by a two-thirds majority vote Explanations of amendments must be published twice in recognized newspapers A majority of state voters must approve Two-thirds of both chambers must approve the amendment. That sounds like a high bar, but it is very easy when one party dominates the legislature, as has been the case for most of the state’s history. Legislators know voters tend to be ill-informed about amendments, and Texas has very low voter turnout. Thus, public approval is not the most difficult part of the process (for the time being, at least). 35 Recent Attempts to Rewrite the Texas Constitution 36 The Constitution of Texas has been amended 483 times since its inception in 1876. SOURCE: Texas Legislative Council and Texas Secretary of State. 36 Recent Attempts to Rewrite the Constitution: Sharpstown 37 In 1979, there was a drive to rewrite the Texas Constitution. It grew out of stock fraud involving the Sharpstown State Bank and the National Bankers Life Insurance Company. Resulting convictions created a “throw the rascals out” mentality in the 1972 election. However, special interest groups mobilized and derailed efforts to rewrite the constitution. Sharpstown represents in many ways the intense conflictual nature of Texas politics. 37 Recent Attempts to Rewrite the Texas Constitution: Ratliff-Junell Proposal 38 2015’s 9 constitutional amendments There were 9 amendments proposed, and all passed Voter turnout was low at about 11.34 percent, but up from 2013’s turnout of about 8.55 percent There are two possible reasons for low turnout: Amendment votes are held in off-years Many amendments are relatively insignificant to voters Consider discussing the low voter turnout—a major issue in democracy in terms of majority rule and the development of public policy. 38 Recent Attempts to Rewrite the Texas Constitution: Proposition 2 and Obergefell v. Hodges 39 In 2005, social conservatives urged Texans to vote in favor of Proposition 2, which defined marriage in Texas as the union of one man and one woman. This Appeal to traditional values contributed to relatively high turnout, and Proposition 2 passed by more than a 3-to-1 margin. In Obergefell v. Hodges in 2015, the Supreme Court ruled that marriage was a fundamental right guaranteed to same-sex couples. Some public officials have sought to undercut the full effect of the ruling. Attorney General Ken Paxton advised county clerks in Texas that they could refuse marriage license to same-sex couples on religious grounds. 39 The Constitution and the Future of Texas 40 No effort to change the Constitution of Texas has taken place in recent years. This is likely to continue, with amendments being the only source of change to the constitution. Amendments do reflect the values and goals of the people of Texas and the political system that was put in place by Texans. 47 Table 2.1: The Changing Texas Constitutions, 1845–1876 The common perception of major constitutional provisions is that they are fixed in time and never to be changed. In Texas, however, constitutional changes are commonplace. 47 48 Table 2.2: A Constitutional Timeline, 1836–1876 49 Table 2.4: Major Constitutional Officers in Texas 50 Table 2.6: Passed Constitutional Amendments, 2015 51 Table 2.7: Some Important Constitutional Amendments 52 The Sharpstown Scandal Land developer Frank Sharp was convicted of violating federal banking and security laws in 1972. The Sharpstown scandal rocked Texas politics and led to calls for constitutional reform. 52 53 State Constitutional Amendments Amendments to the state constitution affect many areas of Texans’ lives. The amendments passed in 2015 included one providing additional funds available for transportation projects throughout the state. 53 54 Obergefell v. Hodges Protesters gather outside the Hood County Court in support of County Clerk Katie Lang, who denied marriage licenses to same-sex couples after the Supreme Court ruling in Obergefell v. Hodges (2016) on the grounds that being required to do so would abridge her freedom of religion. 54 Lecture PPTs GOVERNING TEXAS THIRD EDITION ANTHONY CHAMPAGNE EDWARD J. HARPHAM JASON P. CASELLAS © 2016 W. W. Norton & Co., Inc. 55 Lecture PPTs GOVERNING TEXAS THIRD EDITION ANTHONY CHAMPAGNE EDWARD J. HARPHAM JASON P. CASELLAS © 2016 W. W. Norton & Co., Inc. 1 Chapter 3 Texas in the Federal System      2 Texas in the Federal System ‹#› The relationship between the state and federal governments has remained a key issue in Texas. Recently, Governor Greg Abbott called for a U.S. constitutional convention to amend the Constitution and strengthen the powers of states versus those of the national government. 3 What role should the national government have in immigration policy, voter ID, affirmative action, and environmental legislation? Texas state leaders have recently been at the forefront of calling for checks against the national government’s power Why Federalism Matters ‹#› 1.Texas Governor Greg Abbott has called for a constitutional convention to pass nine new amendments that would limit national government power. While Abbott’s plan is unlikely to be adopted, it highlights the conflict between states and the national government in terms of authority. 2. Ask the students to discuss where federal and state governments have recently clashed concerning voter ID requirements, border control, same-sex marriages, bathroom access, or environmental protection. 4 Texas and the Nation ‹#› In recent years, some Texans have called for a decentralized system of government. Some have looked back to the Republic of Texas as an ideal. 5 Understanding Federalism Federalism is a system of government in which power is divided between a central government and regional governments At its core is the decentralization of government ‹#› Federalism is distinct from a unitary system, where all the power resides within the national government. The United States and Texas flags that fly in front of many government buildings in Texas (including Dallas’s city hall, pictured here) reflect the nature of federalism. Both the national government and the state government are sovereign. The third flag is the flag of the city of Dallas. 6 Understanding Federalism: Conflicts Political battles have been fought over the roles of states and the national government These conflicts include disputes over The states’ right to leave the union The power of government to regulate business The implementation of political reforms Problems of race, poverty, and abortion In federalism, both the states and the federal government are sovereign ‹#› Sovereign: possessing supreme political authority within a geographic area. Rather than being a part of a federal system, local governments were the creations of states, and continue to be so today. The Tenth Amendment, commonly called the states’ rights amendment, states, “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.” 7 Understanding Federalism: Painting of Valley Forge ‹#› During the American Revolution, the lack of a strong central government made it difficult for the United States to fund a strong military, as exemplified by terrible conditions for the troops at Valley Forge. 8 Federalism in Early America The controversy over the federal system divided Americans McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824) promoted national power at the expense of state power The Nullification Crisis in 1833: South Carolina tried to assert the right to veto (or nullify) national legislation passed by Congress In 1869, the Supreme Court resolved the debate over whether states can secede from the Union in Texas v. White ‹#› Federalism allowed the 13 former colonies to unite in useful and efficient ways, such as creating one military body and having a common currency and coherent trade policy, while still keeping (at the time) most other functions local. In McCulloch v. Maryland, Chief Justice Marshall and the Supreme Court established that the “necessary and proper” clause in Article I, Section 8, of the Constitution provided a source of implied powers for the national government. This is the first pivotal case that set the precedent for future Court decisions regarding federalism. During the Nullification Crisis, John C. Calhoun argued that a strong national government was a threat to the sovereignty of states and argued for a system along the lines of the original Articles of Confederation. The Bill of Rights did not apply to the states until 1868 with the Fourteenth Amendment. What benefits were gained that would have been impossible had they been 13 small countries? 9 Federalism in Early America: Painting of Shipping between New York and New Jersey ‹#› A major power of the national government is the power to regulate interstate commerce. Gibbons v. Ogden (1824) was a key case that expanded national power. It held that Congress had the power to regulate interstate commerce, like shipping between New York and New Jersey, pictured here. 10 Dual Federalism Following the end of Reconstruction, the Supreme Court further embraced dual federalism Powers are strictly separated between the federal and state governments Layer-cake federalism: a way of describing the system of dual federalism, in which there is a division of responsibilities between the state and the national governments ‹#› Reconstruction: the period after the Civil War when much of the South was under military occupation. Dual federalism: the system of government that prevailed in the United States from 1789 to 1937, in which most fundamental governmental powers were strictly separated between the federal and state governments. As you outline the variations of federalism, ask the students to evaluate which makes more sense today in our diverse, technological, conflicted polity. 11 Figure 3.1: Dual versus Cooperative Federalism ‹#› 12 Dual Federalism: Marble-Cake Federalism Marble-cake federalism In marble-cake federalism, the boundaries between national government and state government have become blurred The initial form was cooperative federalism, in which grants-in-aid were used to encourage states and localities to pursue nationally defined goals The New Deal and categorical grants Nixon’s New Federalism and block grants ‹#› Categorical grants: congressionally appropriated grants to states and localities on the condition that expenditures be limited to a problem or group specified by law. Wickard v. Filiburn (1942) suggested that the national government’s regulatory power under the interstate commerce clause was so broad that there seemed no boundaries on national power. New Federalism: the attempts by Presidents Nixon and Reagan to return power to the states through block grants. Block grants: federal grants that allow states considerable discretion on how funds are spent. New Federalism was also furthered during President Bill Clinton’s administration, when major reforms were passed that gave the states a significant decision-making role with welfare programs. 13 Dual Federalism: Making Copper Utensils ‹#› During the 1930s, Texans were affected by unemployment and drought that had led to massive poverty across the state. The federal government stepped in to help, employing people in public works projects. Here, people make copper utensils for a Texas hospital. 14 Coercive Federalism Coercive federalism: federal policies that force states to change their policies Contentious issues and conflicts Unfunded mandates: federal requirements that states or local governments pay the costs of federal policies Preemption: cases where the national government imposes its priorities on states ‹#› What are some examples of unfunded mandates? What are some examples of preemption? Should unfunded mandates and preemption be constitutionally permissible? Is either issue a violation of the Tenth Amendment―the so-called states’ rights amendment? The Tenth Amendment allows states to pursue policies that are attuned with their political culture (as noted in Chapter 2) and public preferences. 15 Coercive Federalism: The States Respond State leaders have become highly critical and resistant to new federal laws Have vowed to reject new national gun laws Have refused to initiate health insurance exchanges under the Affordable Care Act A number of states, including Texas, have been involved in numerous lawsuits against the federal government ‹#› The strong resistance that some states have shown to coercive federalism as it has become more common has also emerged within some recent Supreme Court decisions. Although no dramatic reinterpretations have occurred, the court did begin to place limits on Congress’ ability to legislate under the interstate commerce power. Printz v. United States (1997) is a significant case in the past two decades that has returned some power to the states. 16 Coercive Federalism: Second Amendment Supporters ‹#› Gun control is a key federalism issue. Here, protestors demonstrate in front of the Texas state Capitol in support of Second Amendment rights. 17 Coercive Federalism: Restrictions on the States Major U.S. constitutional and statutory restrictions on the states The Fourteenth and Fifteenth amendments affect the nature of federalism by providing the basis for major constitutional and statutory restrictions on state powers ‹#› Many scholars argue that the Fourteenth Amendment to the U.S. Constitution is the most far-reaching in terms of its application to the states, as the “equal protection under the law” and the “due process clause” are continually contested in the judicial system. 18 Coercive Federalism: Incorporation of the Bill of Rights Incorporation of the Bill of Rights Its application to the states potentially changed in 1868 with the ratification of the Fourteenth Amendment, which clearly applied to them Selective incorporation: rights in the Bill of Rights that are held to apply to the states because they are part of the “liberty” protected from the states in the Fourteenth Amendment ‹#› Policies that may be very popular in one state may be entirely unappealing in another. Can students think of some examples? 19 Limits on the States The equal protection clause The equal protection clause became a useful legal instrument to combat racial discrimination Plessy v. Ferguson (1896) Brown v. Board of Education (1954) and the end of the “separate but equal” doctrine ‹#› Herman Sweatt (right) walks with a white student at the University of Texas. Sweatt refused to attend a separate, all-black law school. In Plessy v. Ferguson, the Supreme Court upheld state-required racially segregated train cars in Louisiana. In Brown v. Board of Education of Topeka, the Supreme Court unanimously held that segregated public schools were inherently unequal. “Separate but equal”: an interpretation of the equal protection clause of the Fourteenth Amendment that held that states could segregate races as long as equal facilities were provided. 20 Limits on the States: State Regulation of Voting State regulation of voting The Voting Rights Act is legislation designed to protect the right to vote Part of the act requires preclearance by the federal government if changes are made in voting, such as the establishment of voter identification laws Shelby County, Ala. v. Holder (2013) involved a challenge to Congress’s decision to reauthorize the Voting Rights Act and states’ rights The U.S. Supreme Court held that states’ rights had been violated ‹#› In August 2016, Texas and several other southern states announced major changes to their voter ID laws. Is it reasonable to ask voters to provide a form of identification to vote, or is it a violation of their right to vote by imposing an undue hardship on the registered voters? What does the research suggest? 21 Limits on the States: Independent State Grounds Flexibility for states under the Constitution: independent state grounds States do have some leeway to expand the rights of their citizens through a concept known as independent state grounds Independent state grounds allow states, usually under the state constitution, to expand rights beyond those provided by the U.S. Constitution ‹#› Example: the version of the Equal Rights Amendment adopted by Texas in 1972 Is the independent grounds concept well-grounded in the states’ rights concept and the Tenth Amendment? 22 Texas and the Obama Administration Between the beginning of the Obama administration and the end of 2015, Texas sued the administration 39 times Texas fought Obama’s immigration reform policy, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) Claimed the decision would increase costs for state services Conflict over redistricting methods Texas argued for the metric for drawing districts should be total eligible voters rather than total population ‹#› The lawsuits Texas has filed have covered a variety of issues, including air quality regulations, business regulation, climate change, education, health care, immigration, natural resources, voting, and gay marriage. 23 Thinking Critically about Federalism Federalism has significantly changed over time, and there is no reason to believe it will not continue to do so Leading Texans are now wishing to return greater power to the states, arguing that the national government is too distant, controlling, expensive, and unresponsive The key question is whether the current relationship is best for resolving important policy issues ‹#› What do you see as the most contentious issues involving federalism in the next five years in Texas? 24 26 Texas Election Day ‹#› In 1965, President Lyndon Johnson made history by signing the Voting Rights Act into law. The purpose of the legislation was to eliminate racial discrimination in voting. A somewhat controversial element of the law was Section 5, which required states covered under that provision, including Texas, to have any changes to voting procedures approved by the Department of Justice or a federal court in the District of Columbia. The rationale behind what is termed “preclearance” was to ensure that the federal government would have oversight over voting laws in states that have had histories of excluding racial minorities from the political process. 33 Lecture PPTs GOVERNING TEXAS THIRD EDITION ANTHONY CHAMPAGNE EDWARD J. HARPHAM JASON P. CASELLAS © 2016 W. W. Norton & Co., Inc. 34