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 Federalism  Division of power between national and regional governments  “A system of states within a state” 2Copyright © 2014 Cengage Learning

 Distribution of Powers  Powers divided between state and federal governments  Tenth Amendment  National supremacy clause 3Copyright © 2014 Cengage Learning

 Distribution of Powers ■Constitutional Powers of the National Government  Delegated Powers ■ Powers specifically delegated to the national government ■ Found under Article 1 Section 8 of the U.S. Constitution  Implied Powers ■ Necessary and proper clause 4Copyright © 2014 Cengage Learning

 Distribution of Powers  Constitutional Guarantees to the States  States may not combine or divide without permission.  Each state gets two members in the Senate and at least one member in the House.  Each state gets one electoral vote for each senator and U.S. representative.  States participate equally in the amendment process.  States are protected from invasion and domestic violence.  Texas crimes will be tried in Texas. 5Copyright © 2014 Cengage Learning

 Distribution of Powers  Constitutional Limitations on the States  Article I, Section 10 U.S. Constitution  Texas v. White  The Fourteenth Amendment and the incorporation theory 6Copyright © 2014 Cengage Learning

 Interstate Relations and State Immunity  Article IV  Privileges and immunities clause  Full faith and credit clause ■ Same-sex marriage ban  Eleventh Amendment  Sovereign immunity 7Copyright © 2014 Cengage Learning

 State Powers  Not defined in U.S. Constitution  Reserved Powers – Tenth Amendment  Police power  Taxing power  Proprietary power  Eminent domain 8Copyright © 2014 Cengage Learning

 Federal-State Relations  Texas resists national control over state power.  Federal grants-in-aid  Devolution  Block grants  No Child Left Behind  Abortion and Planned Parenthood 9Copyright © 2014 Cengage Learning

 Historical Developments  Constitution of Coahuila y Tejas 1827  Constitution of Republic of Texas 1836  Texas Constitution 1845  Secession Constitution of 1861  Reconstruction Constitution of 1866  Texas Constitution Copyright © 2014 Cengage Learning

 Historical Developments  Drafting the Constitution of 1876  75 Democrats and 15 Republicans elected to the Constitutional Convention  “Retrenchment and Reform”  Restricted the powers of the 3 branches of government, reduced public services  Supported by the rural population 11Copyright © 2014 Cengage Learning

 Historical Developments  Distrust of government and its legacy  Texas lawmakers are restricted to powers spelled out in the state constitution.  Provided for a weak governor 12Copyright © 2014 Cengage Learning

 Texas Constitution has lasted more than 135 years.  Has undergone many amendments, many of which should be resolved by statutes  Proposition 2 on same-sex marriage 13Copyright © 2014 Cengage Learning

 Constitutional amendment process  Must be adopted by two-thirds vote in each chamber of legislature and approved by majority vote in regular or special election  Initiative  Not allowed in Texas at the state level 14Copyright © 2014 Cengage Learning

 Constitutional Revision ■ Began soon after adoption in 1887 ■ 1969 revision ■ 1971 revision  Amendment removed 56 obsolete provisions ■ 1974 Constitutional Convention  Right-to-work provision ■ 1975 Constitutional Revision Resolutions  Rejected by the voters 15Copyright © 2014 Cengage Learning

 More Revision Attempts  1995 Montford Plan  1999 Ratliff – Junell Draft  2010 – Roy Walthall leads team to reorganize and shorten constitution  Piecemeal Revision 16Copyright © 2014 Cengage Learning

 The Bill of Rights  Constitutional rights against arbitrary governmental actions  Includes freedom of speech, press, religion, assembly, and petition  Rights of criminals and victims  Equal rights for women  Texas Equal Legal Rights Amendment (ELRA)  Additional protections  Philosophical observations  Have no direct force of law 17Copyright © 2014 Cengage Learning

 The Powers of Government and Separation of Powers  Article II – separation of powers  Article III Legislative Department  Article IV Executive Department  Governor shares powers with lieutenant governor, attorney general, comptroller of public accounts, commissioner of the General Land Office  Article V Judicial Department 18Copyright © 2014 Cengage Learning

 Suffrage  Article VI  Local Governments  Article IX and others  Creates local and county government structures  Defines municipalities and specials districts  Other Articles  Cover education, taxation, railroads, private corporations, public lands, impeachment, general provisions, and mode of amendment 19Copyright © 2014 Cengage Learning

1.Summarize the constitutional powers of the federal government, as well as the constitutional guarantees for (and limitations on) the states. 2.Analyze the constitutional powers affecting federal-state relations, as well as the state’s powers. 3.Evaluate the evolving nature of the balance of power between the federal and state governments. 20Copyright © 2014 Cengage Learning

4.Summarize the characteristics of the present-day Texas Constitution and how each of the state’s previous constitutions shaped its content. 5.Analyze the amendment process, focusing on recent constitutional amendment elections as well as attempts to revise the constitution. 6.Explain the basic sections of the Texas Constitution. 21Copyright © 2014 Cengage Learning