1. Texas in the Federal System Chapter 2

2. LEARNING OBJECTIVES LO 2.1 Differentiate among unitary, confederal, and federal systems of government. LO 2.2 Distinguish among the types of powers in our federal system, and explain dual and cooperative federalism within the context of the evolution of federalism in the United States. LO 2.3 Analyze Texas’s relationship with the federal government and the prominent role the state has played in the national debate over coercive federalism. LO 2.4 Apply what you have learned about Texas in the federal system. Copyright © 2016 Cengage Learning. All rights reserved. 2

3. WHAT IS FEDERALISM? A critical challenge to writing the Articles of Confederation in 1787 was the creation of a representative government for a large nation with a diverse population. Copyright © 2016 Cengage Learning. All rights reserved. 3

4. WHAT IS FEDERALISM? Unitary Systems One central government has ultimate authority Regional or local governments are subordinate to central government May be democratic like Japan or Denmark May be undemocratic like China or Saudi Arabia Copyright © 2016 Cengage Learning. All rights reserved. 4

5. WHAT IS FEDERALISM? Confederal Systems Member states or regional governments have all authority Central institutions subordinate to state or regional governments An unstable form of government No real examples of a confederal system exist in the modern world Copyright © 2016 Cengage Learning. All rights reserved. 5

6. WHAT IS FEDERALISM? Federal Systems Governmental power divided and shared between a national or central government and state or regional governments Helps create balance between local and national concerns May be democratic like U.S., Germany and Mexico May be undemocratic like Pakistan Copyright © 2016 Cengage Learning. All rights reserved. 6

7. THE U.S. CONSTITUTION AND FEDERALISM Types of Powers in Our Federal System Delegated powers Powers that the constitution gives the national government Expressed, implied, and inherent Copyright © 2016 Cengage Learning. All rights reserved. 7

8. THE U.S. CONSTITUTION AND FEDERALISM Expressed powers: Those powers that are clearly listed in in Article I, Section 8 of the U.S. Constitution. Implied powers: Those delegated powers that are assumed to exist in order for the federal government to perform the functions that are expressly delegated. These powers are granted by the necessary and proper clause in Article I, Section 8 of the U.S. Constitution. Inherent powers: Those delegated powers that come with an office or position—generally the executive branch. Copyright © 2016 Cengage Learning. All rights reserved. 8

9. THE U.S. CONSTITUTION AND FEDERALISM Some Express Powers from Article I Section 8 conduct foreign policy raise and support an army borrow money. Copyright © 2016 Cengage Learning. All rights reserved. 9

10. THE U.S. CONSTITUTION AND FEDERALISM Types of Powers in Our Federal System (cont.) Reserved Powers Powers reserved to the states Legitimacy of powers comes from the Tenth Amendment In spite of this amendment, the U.S. Supreme Court in McCulloch v. Maryland permitted federal action through implied powers. Copyright © 2016 Cengage Learning. All rights reserved. 10

11. THE U.S. CONSTITUTION AND FEDERALISM Types of Powers in Our Federal System (cont.) Concurrent Powers Shared by national and state governments Copyright © 2016 Cengage Learning. All rights reserved. 11

12. EXAMPLES OF MAJOR STATE AND FEDERAL POWERS Copyright © 2016 Cengage Learning. All rights reserved. 12

13. THE U.S. CONSTITUTION AND FEDERALISM Types of Powers in Our Federal System (cont.) Supremacy Clause Federal law must be followed if conflict between state and national governments Tenth Amendment States have any power not delegated by Constitution Limits federal government Copyright © 2016 Cengage Learning. All rights reserved. 13

14. THE U.S. CONSTITUTION AND FEDERALISM Texas’s political figures have been pushing for a shift in power away from the federal government. The amount of power the national government has depends on the interpretation of the Constitution, especially the “necessary and proper clause.” Copyright © 2016 Cengage Learning. All rights reserved. 14

15. THE U.S. CONSTITUTION AND FEDERALISM Article I, Section 8 Commerce clause Gives Congress the power to regulate commerce Necessary and proper clause Gives Congress implied powers Copyright © 2016 Cengage Learning. All rights reserved. 15

16. THE U.S. CONSTITUTION AND FEDERALISM McCulloch v. Maryland and the Necessary and Proper Clause Expanded power of the U.S. Congress Gave Congress authority to create a national bank Copyright © 2016 Cengage Learning. All rights reserved. 16

17. THE U.S. CONSTITUTION AND FEDERALISM The Early View: Dual Federalism and the Tenth Amendment 1.The national government is one of enumerated powers only. 2.Purposes which national government may constitutionally promote are few. 3.Federal and state government are sovereign within their spheres of influence. 4.The relation of the two centers is one of tension rather than collaboration. Copyright © 2016 Cengage Learning. All rights reserved. 17

18. THE U.S. CONSTITUTION AND FEDERALISM The Early View: Dual Federalism and the Tenth Amendment Until the 1930s, the relationship between states like Texas and the national government would best be described as dual federalism. Copyright © 2016 Cengage Learning. All rights reserved. 18

19. THE U.S. CONSTITUTION AND FEDERALISM The Development of Cooperative Federalism Replaced the idea of dual federalism National and State government are mutually complementary parts of a single government Texas or other states receiving matching funds or additional assistance from the national government for pursuing certain public policies, this is an example of Cooperative Federalism Copyright © 2016 Cengage Learning. All rights reserved. 19

20. THE U.S. CONSTITUTION AND FEDERALISM The Development of Cooperative Federalism cont’d Grant-in-aid Programs Categorical grants (specific purposes) Block grants (more general, fewer restrictions) Devolution Copyright © 2016 Cengage Learning. All rights reserved. 20

21. THE U.S. CONSTITUTION AND FEDERALISM Civil Rights Versus States’ Rights During the era of transition from dual to cooperative the policy area that garnered the most opposition from southern states was civil rights Separate-but-equal doctrine (Plessy v. Ferguson) Jim Crow laws Copyright © 2016 Cengage Learning. All rights reserved. 21

22. THE U.S. CONSTITUTION AND FEDERALISM Civil Rights Versus States’ Rights cont’d Sweatt v. Painter Brown v. Board of Education Voting Rights Act Pre-clearance Copyright © 2016 Cengage Learning. All rights reserved. 22

23. THE U.S. CONSTITUTION AND FEDERALISM Southern states viewed Brown v. Board of Education, the Twenty- Fourth Amendment, the Civil Rights Act of 1964, and Voting Rights Act of 1965 as an encroachment of their states’ rights. Copyright © 2016 Cengage Learning. All rights reserved. 23

24. TEXAS AND THE FEDERAL SYSTEM Coercive Federalism and Texas Coercive federalism: national government directs states on policies it must take Governor Rick Perry and Affordable Care Act, environmental policy regulations Copyright © 2016 Cengage Learning. All rights reserved. 24

25. TEXAS AND THE FEDERAL SYSTEM The National Minimum Drinking Age Act of 1984 is an example of coercive federalism. Copyright © 2016 Cengage Learning. All rights reserved. 25

26. Coercive Federalism? Copyright © 2016 Cengage Learning. All rights reserved. 26 Former Governor Rick Perry meets President Barack Obama at an airport in August 2010 to present him with a list of grievances against the federal government.

27. TEXAS AND THE FEDERAL SYSTEM Federal Grants-in-Aid in Texas Federal grants are second largest source of revenue for Texas Grant revenue growing: Texas has expanding population Large low-income population Rise in number of seniors Copyright © 2016 Cengage Learning. All rights reserved. 27 Is growing reliance on grant revenue positive or negative?

28. TEXAS REVENUE BY SOURCE FOR 2014–15 BIENNIUM Copyright © 2016 Cengage Learning. All rights reserved. 28

29. PERCENTAGE OF TEXAS REVENUE COMING FROM FEDERAL GOVERNMENT(1978–2013) Copyright © 2016 Cengage Learning. All rights reserved. 29

30. TEXAS AND THE FEDERAL SYSTEM Unfunded Mandates Obligations imposed on states by the federal government with little or no funding to help support the program No Child Left Behind Americans with Disabilities Act Copyright © 2016 Cengage Learning. All rights reserved. 30

31. TEXAS AND THE FEDERAL SYSTEM Unfunded Mandates Mandates imposed by the state of Texas on lower levels of government Hazelwood Legacy Act Copyright © 2016 Cengage Learning. All rights reserved. 31

32. TEXAS AND THE FEDERAL SYSTEM The Affordable Care Act: A Challenging Case in Federalism Requires individuals to purchase health insurance, requires states to expand Medicaid coverage Opposed by Texas Attorney General Regulating commerce or infringing on state’s rights? Copyright © 2016 Cengage Learning. All rights reserved. 32

33. TEXAS AND THE FEDERAL SYSTEM The Affordable Care Act: A Challenging Case in Federalism (cont.) Controversy surrounding the Affordable Care Act is an example of the friction inherent in federalism. Texas has opted out of Medicaid expansion Coverage gap results Texas accounts for 32% of unfunded potential Medicaid beneficiaries Copyright © 2016 Cengage Learning. All rights reserved. 33

34. TEXAS AND THE FEDERAL SYSTEM Texas has opted out of Medicaid expansion 1 of 21 states that did so Coverage gap results Texas accounts for 32% of unfunded potential Medicaid beneficiaries Copyright © 2016 Cengage Learning. All rights reserved. 34

35. THE STATUS OF STATE MEDICAID EXPANSION UNDER THE ACA IN 2014 Copyright © 2016 Cengage Learning. All rights reserved. 35

36. TEXAS AND THE FEDERAL SYSTEM Texas and the U.S. Abortion Debate: From Roe to Wendy Davis Roe v. Wade (1973) based on constitutional right to privacy 2013 abortion restriction legislation (HB 2) State Senator Wendy Davis’ filibuster But, passed by special legislative session Goal: health care or restrictions? Copyright © 2016 Cengage Learning. All rights reserved. 36

37. TEXAS AND THE FEDERAL SYSTEM States as Laboratories: Marijuana Legalization Medical marijuana sales legalized in some states (not Texas) Will impact economic, legal and social consequences of marijuana legalization in other states Copyright © 2016 Cengage Learning. All rights reserved. 37

38. TEXAS AND THE FEDERAL SYSTEM Federalism and Casino Gambling States sharing borders have different laws regarding gambling Texas maintains ban on casino gambling Moral opposition; concerns about social problems Needs constitutional amendment to pass Copyright © 2016 Cengage Learning. All rights reserved. 38 Would Texas benefit from legalized gambling?

39. CASINOS PROXIMATE TO THE TEXAS BORDER IN NEIGHBORING STATES: 2012 Copyright © 2016 Cengage Learning. All rights reserved. 39

40. IMMIGRANT DEATH TOLL Copyright © 2016 Cengage Learning. All rights reserved. 40 Click picture to view video

41. VIDEO DISCUSSION QUESTIONS 1.Has Texas served as a national model for other states in dealing with illegal immigrants? Why or why not? 2.Is national immigration policy an example of coercive federalism? 3.How much autonomy should Texas have in dealing with this problem? Copyright © 2016 Cengage Learning. All rights reserved. 41