1. Texas in the Federal System
Chapter 2
Texas in the Federal System

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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.
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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
Unitary system A system of government in which constitutional authority rests with a national or central
government; any regional or local governments are subordinate to the central government.
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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
Confederal system A system of government in which member state or regional governments have
all authority, and any central government has only the power that state governments choose to delegate to it.
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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
Prior to its short tenure as an independent nation ( ) and current status as a U.S. state (since 1846), Texas belonged to another federal system, the United Mexican States ( ), as the northern half of the state of Coahuila y Texas. Mexico’s shift in 1835 from a federal to unitary system of government under Mexican President Antonio López de Santa Anna sparked a revolt against the Santa Anna dictatorship in Texas, a revolution which culminated in the state’s independence in 1836
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6. 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
Delegated powers Those powers that the constitution gives to the national government. These include
those enumerated powers found in Article I, Section 8 of the U.S. Constitution as well as a few other powers that have evolved over time.
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.
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7. 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
Concurrent Powers
Shared by national and state governments
Reserved powers Those powers that belong to the states. The legitimacy of these powers comes from the
Tenth Amendment. Concurrent powers Those powers shared by the national government and the states.
Concurrent powers Those powers shared by the national government and the states.
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8. Examples of Major State and Federal Powers
Table 2.1 Among these examples of national powers, the powers to provide for the common defense and to regulate commerce have, since the 1930s, been interpreted broadly to allow the national government to expand dramatically.
Give examples of national government programs that have been justified as a regulation of interstate commerce.
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9. 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
Tenth Amendment: Section of the U.S. Constitution that reserves powers to the states. It reads as follows: “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.”
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10. 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
Commerce clause An enumerated power in Article I, Section 8 of the U.S. Constitution that gives Congress the power to regulate commerce.
Necessary and proper clause The last clause in Article I, Section 8 of the U.S. Constitution; also known as
the elastic clause, which was given a very expansive meaning early in the nation’s history.
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11. Table 2-2 p33

12. 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
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13. THE U.S. CONSTITUTION AND FEDERALISM
The Early View: Dual Federalism and the Tenth Amendment
The national government is one of enumerated powers only.
Purposes which national government may constitutionally promote are few.
Federal and state government are sovereign within their spheres of influence.
The relation of the two centers is one of tension rather than collaboration.
The Tenth Amendment was the bulwark for dual federalism. It ensured that states like Texas retained those powers that were not given to the federal government.
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14. 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
Categorical grants: Federal aid to state or local governments for specific purposes, granted under restrictive conditions and often requiring matching funds from the receiving government.
Block grants: Federal grants to state or local governments for more general purposes and with fewer restrictions than categorical grants.
Devolution: The attempt to enhance the power of state or local governments, especially by replacing relatively restrictive categorical grants in aid with more flexible block grants.
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15. The U.S. Constitution and Federalism
The Development of Cooperative Federalism cont’d
Grant-in-aid Programs
Categorical grants
Block grants
Devolution
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16. THE U.S. CONSTITUTION AND FEDERALISM
Civil Rights Versus States’ Rights
Civil rights an issue in the southern states
Separate-but-equal doctrine (Plessy v. Ferguson)
Jim Crow laws
Sweatt v. Painter led to the creation of what are now Texas Southern University (TSU) and TSU’s Thurgood Marshall School of Law.
Pre-clearance Any administrative or legislative change to the rules governing elections in covered states must be submitted for pre-approval to either the U.S. Department of Justice or the U.S. District Court for the District of Columbia.
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17. 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
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18. 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
Coercive federalism A relationship between the national government and states in which the former
directs the states on policies they must undertake.
Why would conservative Texans object so strongly to federal policies?
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Coercive Federalism?
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.
Source: AFP PHOTO/Jim Watson
Why would conservative Texans object to federal policies so strenuously?
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20. 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
Is growing reliance on grant revenue positive or negative?
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21. Texas Revenue by Source for 2014–15 Biennium
Table 2.3 This table shows the sources of all types of Texas state revenues. Note that federal funds account for almost as large a share of those revenues as all state taxes combined.
Source: Comptroller of Public Accounts Certification Revenue Estimate. December
How might a reduction in the overall level of federal government spending and consequent drop in the amount of
income received by Texas from the federal government affect the provision of government-provided services and state and local taxes in Texas?
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22. Percentage of Texas revenue coming from Federal Government(1978–2013)
Figure 2.1 This figure shows that Texas, like most states, has become increasingly reliant on federal funding to finance state programs in the areas of education, health, and transportation.
Is Texas’s growing reliance over the past four decades on federal funds to support state government operations a positive or negative development for the state?
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23. Anxious about the growth of national government power,
some Texas tea party protesters have been sympathetic to
secessionist rhetoric.
p38

24. 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
Mandates imposed by the state of Texas on lower levels of government
Hazelwood Legacy Act
The 2009 Hazelwood Legacy Act allowed veterans to transfer their credit hours to their dependent children (under the age of 26), which substantially increased the number of students benefiting from this measure. In 2009 prior to the expansion the cost to schools as a result of the Hazelwood Act was $24.6 million, a cost that increased more than four-fold following in 2012 ($110.8 million).
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25. 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?
In June of 2012, in the case of the National Federation of Independent Business v. Sebelius, the U.S. Supreme Court, led by Chief Justice John Roberts, rejected the federal government’s claim that the commerce clause allowed congress to create the individual mandate. But, Roberts argued, the “penalty,” which the law required be paid to the Internal Revenue Service (IRS), is in actuality a “tax,” which congress has the power to levy. As a result, the most controversial aspect of the law—the individual mandate—was deemed constitutional.
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26. texas and the federal system
The Affordable Care Act: A Challenging Case in Federalism (cont.)
Texas has opted out of Medicaid expansion
Coverage gap results
Texas accounts for 32% of unfunded potential Medicaid beneficiaries
Who pays for the uninsured who seek emergency health care in Texas?
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27. The Status of State Medicaid Expansion Under the ACA in 2014
How Does Texas Compare? Medicaid Expansion
This figure highlights that Texas is among the minority of U.S. states that at the present time have firmly opted to not participate in the ACA linked expansion of Medicaid.
Source:
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28. 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?
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29. 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
But, many supporters of legalization were heartened by Governor Rick Perry’s statements during 2014 in support of the decriminalization of marijuana use.
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30. 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
Texas at present has only one small Tribal Class II gaming facility operated by the Kickapoo in Eagle Pass on tribal land under the authority of the federal Indian Gaming Regulatory Act.
Would Texas benefit from legalized gambling?
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31. Casinos Proximate to the Texas Border in Neighboring States: 2012
Figure 2.2 The map highlights the large number of Louisiana and Oklahoma casinos clustered on border with Texas along major interstate highways. These locations allow the casinos to attract gamblers from major population centers in Texas.
Source: Let Texans Decide,
Should gambling legislation be identical across the entire country or should individual states be allowed to determine the extent to which gambling takes place within their borders?
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32. Click picture to view video
Immigrant Death toll
Click picture to view video
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33. video discussion questions
Has Texas served as a national model for other states in dealing with illegal immigrants? Why or why not?
Is national immigration policy an example of coercive federalism?
How much autonomy should Texas have in dealing with this problem?
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