1. Federalism and the Texas Constitution Chapter 2

2. The American Federal Structure  Federalism  Division of power between national government and regional governments  American federalism  A system of states within a state Copyright © 2016 Cengage Learning. All rights reserved. 2

3. The American Federal Structure  Distribution of Constitutional Powers  Tenth Amendment- The Tenth Amendment of the U.S. Constitution declares that ‘‘the powers not delegated by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.’’  National supremacy clause- Article VI of the U.S. Constitution states, ‘‘This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.’’ Copyright © 2016 Cengage Learning. All rights reserved. 3

4. The American Federal Structure  Distribution of Constitutional Powers  Powers of the National Government  Delegated powers  Found in Article I, Section 8 of U.S. Constitution  Implied powers  Inferred by the constitutional authority of Congress Copyright © 2016 Cengage Learning. All rights reserved. 4

5. The American Federal Structure  Powers of the National Government  Guarantees to the States  States may not combine or divide without permission  Each state guaranteed two senators and at least one member in the House  Each state has electoral votes equal to the number in U.S. senators and representatives  Federal protection  Texas crimes will be tried in Texas Copyright © 2016 Cengage Learning. All rights reserved. 5

6. The American Federal Structure  Powers of the National Government  Limitations on the States  Article I, Section 10 of U.S. Constitution  Texas v. White- U.S. Supreme Court’s landmark ruling in Texas v. White (1869), Texans learned that states cannot secede from the Union.  Fourteenth Amendment  Gives Congress enforcement powers  Also provides that no state may deprive persons of life, liberty, or property without due process of law. These pro­tections include those rights covered in the U.S. Constitution’s Bill of Rights.  Incorporation Theory- A principle that courts have applied portions of the Bill of Rights to the states by virtue of the Fourteenth Amendment’s due process clause. In effect, states are obli­gated to protect the provisions covered in the Bill of Rights. To ensure these protections, Congress has enforcement powers under the Fourteenth Amendment. Copyright © 2016 Cengage Learning. All rights reserved. 6

7. The American Federal Structure  Interstate Relations and State Immunities  Article IV  Privileges and immunities- Article IV of the U.S. Constitution guarantees that ‘‘citizens of each state shall be entitled to the privileges and immunities of citizens of the several states.’’ According to the U.S. Supreme Court, this provision means that citizens are guaranteed protection by government, enjoyment of life and liberty, the right to acquire and possess property, the right to leave and enter any state, and the right to use state courts.  Full faith and credit clause-- means that any legislative enact­ment, state constitution, deed, will, marriage, divorce, or civil court judgment of one state must be officially recognized and honored in every other state. This clause does not apply to criminal cases. Most government actions of another state must be officially recognized by public officials in Texas.  Eleventh Amendment  Sovereign immunity- U.S. Supreme Court rulings have ensured that a state may not be sued by its own citizens, or those of another state, without the defendant state’s consent, nor can state employees sue the state for violating federal law. This law, otherwise known as sovereign immunity, gives a tremendous shield to the government. Copyright © 2016 Cengage Learning. All rights reserved. 7

8. The American Federal Structure  State Powers  Not defined by U.S. Constitution  Reserved powers are undefined- Reserved powers are derived from the Tenth Amendment of the U.S. Constitution. Although not spelled out in the U.S. Constitution, these reserved powers to the states include  Police power- protection of the health, morals, safety, and convenience of citizens, and provision for the general welfare  Taxing power- raising revenue to pay salaries of state employees, meet other costs of government, and repay borrowed money  Proprietary power- public ownership of property, such as airports, energy- producing utilities, and parks  Eminent domain- taking private property at a fair price for var­ious kinds of public projects, such as highway construction.  Texas challenged constitutionality of Obama’s Patient Protection and Affordable Care Act Copyright © 2016 Cengage Learning. All rights reserved. 8

9. Should Texas Support the Affordable Care Act?  Arguments against  Intrusion on state sovereignty  Federal mandate to expand Medicaid  Increases taxes, imposes burden  Arguments for  Provides healthcare coverage for low- income citizens  If Texas opts out, no federal funding  State spends more on people who don’t have coverage Copyright © 2016 Cengage Learning. All rights reserved. 9

10. The American Federal Structure  Federal-State Relations: An Evolving Process  Federal grants-in-aid- Money appropriated by the U.S. Congress to help states and local governments provide needed facilities and services.  Devolution  A shift to give more responsibility to states  Block grants- Congressional grant of money that allows the state considerable flexibility in spending for a program, such as providing welfare services.  G.W. Bush administration expanded federal role  No Child Left Behind  Obama administration tried to stimulate state economies Copyright © 2016 Cengage Learning. All rights reserved. 10 Learning Check

11. The Texas Constitution: Politics of Policymaking  Historical Developments  First six constitutions reflect political situation of the time  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 1869 Copyright © 2016 Cengage Learning. All rights reserved. 11

12. How Do We Compare... in State Constitutions? Copyright © 2016 Cengage Learning. All rights reserved. 12 Most Populous U.S. States Year of Adoption Approximate No. of Words and # of Amendments U.S. States Bordering Texas Year of Adoption Approximate No. of Words and # of Amendments California187967,000 (527)Arkansas187459,000 (99) Florida196857,000 (121)Louisiana197470,000 (176) New York189444,000 (220)New Mexico 1911 33,000 (165) Texas187687,000 (484)Oklahoma190781,000 (193)

13. The Texas Constitution: Politics of Policymaking  Historical Developments  Drafting the Constitution of 1876  75 Democrats and 15 Republicans  More than 40% members of Texas Grange  Slogan: “retrenchment and reform”  Dismantled Davis administration  Restricted powers of three branches  Large cities voted against it; rural population helped it pass Copyright © 2016 Cengage Learning. All rights reserved. 13

14. The Texas Constitution: Politics of Policymaking  Historical Developments  Distrust of Government and Its Legacy  Texas lawmakers limited to powers spelled out in the state constitution  Provided for a weak governor  One of weakest gubernatorial offices in the nation Copyright © 2016 Cengage Learning. All rights reserved. 14

15. The Texas Constitution: Politics of Policymaking  Today: After More Than a Century of Usage  Constitution now in place 135+ years  Undergone many amendments  666 amendment proposals to voters  Most should be resolved by statutes  Proposition 2-- which sought to ban same-sex marriages, produced un­ precedented media coverage and interest group activity. As mentioned previously, the amendment proposal defined marriage as consisting only as the ‘‘union of one man and one woman.’’ It also prohibited the state and all political subdivi­sions from ‘‘creating or recognizing any legal status identical or similar to marriage.’’ The measure overwhelmingly passed with 76 percent of the voters (more than 1.7 million) supporting it and 24 percent (more than 500,000) opposing it. Copyright © 2016 Cengage Learning. All rights reserved. 15 Learning Check

16. Constitutional Amendments and Revision  Constitutional Amendment Process  Requires two-thirds vote in each chamber  Voters must approve amendment  Governor has no veto power  Problem with frequent constitutional amendment elections  Texas voters don’t have power of initiative-- A citizen-drafted measure proposed by a specific number or percentage of qualified voters, which becomes law if approved by popular vote. In Texas, this process occurs only at the local level, not at the state level. Copyright © 2016 Cengage Learning. All rights reserved. 16

17. Constitutional Amendments and Revision  Constitutional Revision  First revision came soon after adoption  Comprehensive movement 1971  Could change anything except Bill of Rights  1974 Constitutional Convention  Three votes short of approval  Right to work “nonissue” Copyright © 2016 Cengage Learning. All rights reserved. 17

18. Constitutional Amendments and Revision  More Revision Attempts  Montford Plan 1995  Ratliff-Junell Draft 1999  Roy Walthall and bipartisan team 2010  More readable and usable  Piecemeal Revision  Legislative enactments Copyright © 2016 Cengage Learning. All rights reserved. 18 Learning Check

19. The Texas Constitution: A Summary  The Bill of Rights  Guarantees protections for people and property  Similar to one found in U.S. Constitution  Rights against arbitrary governmental actions  Freedom of speech, press, religion, assembly, religion, and petition  Cases of religion taken to Supreme Court-- Cases on religious freedom have gone from Texas all the way to the U.S. Supreme Court. Included among these are two cases that yielded different results—one centered on student-led prayer before a school football game, while another involved a Ten Commandments monument placed on the Texas state Capitol grounds. The U.S. Supreme Court interpreted the estab­lishment clause of the U.S. Constitution to require a separation of church and state, and thus struck down school prayer before public school football games, con­tending that the message conveyed amounted to an endorsement of religion on the school grounds. 35 In contrast, the U.S. Supreme Court upheld the Ten Commandments display, concluding that it is a historical monument among other historical monuments on the state grounds. Copyright © 2016 Cengage Learning. All rights reserved. 19

20. The Texas Constitution: A Summary  The Bill of Rights  Rights of criminals and victims  Texas protects crime victims  Equal rights for women  Texas Equal Legal Rights Amendment 1972- Added to Article I, Section 3, of the Texas Constitution, it guarantees that ‘‘equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin.’’  Additional protections  Prohibitions against imprisonment for debt  Outlawry- the process of putting a convicted person outside of the protection of the law Copyright © 2016 Cengage Learning. All rights reserved. 20

21. The Texas Constitution: A Summary  The Powers of Government and Separation of Powers  Three branches of government (Article II)  Bicameral legislature (Article III)  Governor shares power with four other popularly elected officers (Article IV)- the lieutenant governor, the attorney general, the comptroller of public accounts, and the commissioner of the General Land Office.  One of two states with a bifurcated court system (Article V)— Oklahoma is the other. Copyright © 2016 Cengage Learning. All rights reserved. 21

22. The Texas Constitution: A Summary  Suffrage  The right to vote  Photo ID requirement  Bilingual ballots required  Preclearance requirement-- any changes to voting laws at the state level and within certain jurisdictions of Texas must be cleared by the U.S. Department of Justice. Copyright © 2016 Cengage Learning. All rights reserved. 22

23. The Texas Constitution: A Summary  Local Governments (Article IX)  Most disorganized part of Constitution  Special districts (1904 Amendment)  Other Articles  Nine articles devoted to education, taxation, railroads, impeachment, etc. Copyright © 2016 Cengage Learning. All rights reserved. 23 Learning Check