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How money goes to the states?

How money goes to the states?

Description

School: Texas A&M University-Corpus Christi
Department: Political Science
Course: State and Local Government
Professor: Paula arledge
Term: Fall 2016
Tags: political science, State Government, Texas Government, federalism, Constitutions, and Government
Cost: 50
Name: POLS 2306 Exam 1 Study Guide
Description: This is the completed study guide with terms from the book. The topics covered are political cultures, Federalism, and state constitutions.
Uploaded: 09/10/2016
8 Pages 56 Views 2 Unlocks
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Exam 1 Study Guide


How money goes to the states?



Chapter 1

LIBERAL: 

Political ideology

(Democrats) 

• Advocates government action to  improve the welfare of individuals and  support civil rights

• High gov’t regulation of the economy • Tolerant of social and political change

CONSERVATIVE: 

Political ideology

(Republicans) 

• Limited role of gov’t in taxation,  economic regulation, and social services • Traditional values and lifestyles • Cautious of social change

IDEOLOGY: 

System of ideas and ideals 


How changes to the constitution can be proposed?



• TX is 48% conservative, 20% liberal • Texans support capitalism, tax breaks  for businesses, and spending on  

infrastructure (education and  

transportation)

SPINDLETOP: 

(1901)

Oil well near Beaumont

• Changed the state economy, now  centered around oil 

• Caused continuous growth in the Gulf  Coast

• Stimulated out-of-state investment and  local wealth We also discuss several other topics like What is the role of pituitary gland?

MESTIZO: 

• A person of both Spanish and Native  American lineage 

• The first TX cowboys were Native  American/Mestizos


What the constitution means?



MAQUILADORA: 

• Factories in Mexico where US  corporations employ cheap Mexican  labor 

• Benefits the economy of the Border • Lax environmental/safety standards  lead to high levels of air/ground/water  pollution

SMITH v. ALLWRIGHT: 

(1944)

• Supreme Court ruled racial  If you want to learn more check out How to calculate by looking at a list of accounts with balances and determining the total amount of?

discrimination in the electoral process  unconstitutional (including primaries) • Allowed African Americans to  participate in the TX Democratic  We also discuss several other topics like What was the purpose of the wade davis bill?

Primary

FELIX LONGORIA: 

• Decorated WWII casualty

• Was supposed to be buried in the  “Mexican Section” of the Three Rivers  Cemetery (separated from the “Whites”  section by barbed wire)

• Funeral home director refused the  family’s request to use the chapel (it  would anger white citizens)

• Spark that led Latino Texans to fight for  civil rights 

LAWRENCE v. TEXAS: 

(2013)

Harris County

• Two men were arrested for having sex  in their own home (in violation of TX’s  anti-sodomy statute)

• Justice Kennedy said that the law  violated the due process clause of the  14th amendment (protects personal  relationships)  We also discuss several other topics like What are the basic characteristics that qualify something as living?

• Invalidated sodomy laws in 13 other  states (protected same-sex behavior in  every state/territory of the US)

Exam 1 Study Guide

Chapter 2

CONFEDERAL SYSTEM 

• First system of government adopted by  Americans after independence

• After British rule, Americans feared a  strong central government

• State or regional governments hold  most power We also discuss several other topics like What is the data base?

• The only powers of the central  government are those that the state  governments choose to delegate to it 

NECESSARY AND PROPER CLAUSE (Elastic clause)

• Article 1 Section 8 of US Constitution • Grants implied powers to federal gov’t o implied powers: powers not expressly  named in the Constitution 

McCulloch v. MARYLAND: 

(1819)

• MD attempted to tax the Second Bank  of the United States (created by the  federal government) to limit  

competition with state-chartered banks • Argued that the Constitution did not  give the federal gov’t the power to  create a national bank

• Chief Justice John Marshall said that the bank was constitutional, citing the  necessary and proper clause 

• Expanded powers of the federal gov’t 

PLESSY v. FERGUSON 

(1896)

• Supreme Court ruled that segregation  was not unconstitutional, as long as  facilities for both races were equal (Separate-but-equal doctrine) Don't forget about the age old question of How genetic and environmental influences come together to create an organism’s physical appearance and behavior?

o 14th amendment: no state can deny any  person the equal protection of the laws • Allowed continued discrimination  against African Americans 

PRE-CLEARANCE REQUIREMENT 

• Any change to the rules governing  elections must be submitted for pre approval to either the US Department of  Justice or the US District Court for DC

• Only required for certain states • 1965: AL, GA, LA, MS, SC, VA

• 1975: Added AK, AZ, TX

SHELBY COUNTY v. HOLDER: 

(2013)

• Voting Rights Act (VRA, 1965) Section 5  required pre-clearance 

• Conservatives argued it violated the  10th amendment (singled out a small  number of states/political subdivisions)  

• formula was based on data that didn’t reflect present-day conditions

• Supreme Court agreed that the criteria  needed to be updated, but didn't rule  Sec. 5 unconstitutional 

• Until new formula is developed, Sec. 5 is  inoperative

• Allowed Texas to pass the Voter ID law  (denied pre-clearance, negative affect  on Hispanic voters)

• Democrats say this is evidence that VRA  is still needed, Republicans say the laws  are efforts to prevent voter fraud

Exam 1 Study Guide

Chapter 3

COMMUNITY PROPERTY 

• Property acquired during marriage is  owned equally by both spouses 

• This was an element of Mexican law  that was adopted by the Republic of  Texas

• Later absorbed into American political  culture

WRIT OF HABEAS CORPUS 

• A court order requiring that an  individual be presented in person and  that legal cause be shown for  

confinement

o i.e., a prisoner must be brought before the  court to determine if their imprisonment is  lawful 

• May result in release from unlawful  detention

• Part of the Texas Constitution

BIENNIAL REGULAR SESSION 

• Regular legislative sessions scheduled  by the constitution 

• Held for 140 days, January-May/June, in  odd numbered years (relatively short) • Many other major states have no limits  for the length of sessions

• Some important legislation may be  rushed, and some may never even reach  the floor

• Frequently the TX Senate and House use  this to block legislation it does not want  passed instead of voting against it on  the floor

DEADWOOD 

• Inoperable provisions in state constitutions 

• Voided by conflicting US constitutional  law or made irrelevant by changing  circumstances

• Distrust of legislature in our early  history hindered states’ ability to cope  with 21st century problems

• Voters must approve amendments to  remove (difficult)

PLURAL EXECUTIVE 

• An executive branch where power is  divided between several independently  elected officials

o Governor, lieutenant governor, attorney  general, comptroller of public accounts,  commissioner of the general land office,  three railroad commissioners

• Weakens the power of the chief  executive (Governor)

• TX is one of seven states lacking a  formal cabinet

Exam 1 Study Guide

Lecture Overview

Key ideas Definitions Court Cases 

HOW STATES DIFFER (8/26-8/29): 

• Measurements of Public Health

o Population Growth (consistent growth = healthy)

o Income

o Education

• Political Ideologies

o Conservative

▪ Distributive Policy: provides benefits based on what was paid in 

o Liberal

▪ Redistributive Policy: provides government resources based on need 

• Political Cultures: What is expected of government 

o Individualistic: self-interest, large bureaucracy, low participation 

o Moralistic: public interest, large bureaucracy, high participation 

o Traditionalistic: preserve existing order, small bureaucracy, low participation o Texas is a mix of individualistic and traditionalistic

• Population Composition

o Hispanics are the largest minority group in US

o Three major groups: Mexican Americans (D), Puerto Rican Americans (D), Cuban  Americans (R)

o TX will become majority Hispanic in the near future (could turn blue/purple) • Major Migration Patterns

o Immigration (from other countries): most come undocumented, overwhelm state  resources and unfunded mandates

o Frost Belt → Sun Belt: left industrial northeast to move to the southwest o African American Exodus (early 1900s): started moving north for political and social  freedom, as well as better jobs

o Central City → Suburbs: post-WWII conditions (highways) led to the creation of suburbs

FEDERALISM (8/29-9/2) 

• US Constitution

o National government: Exclusive powers (named in the Constitution), Implied powers  (“Necessary and Proper Clause,” not named powers)

o State Government: Reserved powers, not given to nat’l gov’t (NG) 

▪ Tax, borrow, and spend money

▪ Legal (passing/enforcing laws)  

▪ Intrastate commerce (within the state)

▪ Police powers (regulate for the public safety and welfare)

o Concurrent powers: shared by states and NG (taxation)

o Great Conflict: implied powers vs reserved powers

▪ South Dakota v. Dole: Sup. Ct. ruled NG couldn’t force states to raise the drinking age, but states also  have no right to federal funding 

▪ NG can withhold funding to encourage states to comply with national initiatives 

• Stages of Federalism

Exam 1 Study Guide

Lecture Overview

o Dual I:  

▪ Limited interaction between states and NG 

▪ States held most power 

▪ Independence → Civil War

▪ Commerce clause: the only area where NG aggressively pursued power o Dual II:

▪ Limited interaction 

▪ Federal gov’t has most power 

▪ Lasted until FDR’s New Deal (massive regulation of the economy, needed states’ cooperation)  

o Cooperative Federalism

▪ Partnership 

▪ NG still had more power 

▪ Ended in the 1970s when people said states should have more power  ▪ 1980s-Reagan ran on a platform of devolution (returning power to states) o New Federalism

▪ Equal partners 

▪ Sometimes the federal government still overpowers states (NCLB, Real ID Act) • Fiscal Federalism: transfer of money from the NG to the states 

o 16th amendment allows the NG to assess an income tax

o Matching Grants (how money goes to the states): states put up a portion of the money  for projects

▪ Categorical Grants: can only be spent for a specifically defined purpose, most restrictive ▪ Block Grants: to be spent in a specific policy area, states have more discretion 

• Constitutional Guarantees to States

o Republican Government: representative, officials are accountable to the people  through free and open elections

o Protection from Invasion: not as much of a worry now

o Help in Domestic Violence: in the event of large amounts of lawlessness, federal troops  can help maintain order

o Senate Equality: each state has an equal number of senate seats (2)  o Territorial Integrity: guarantees state borders (can’t be divided without consent of both  the state and the NG)

▪ TX is an exception

o Court Immunity: 11th amendment, a state cannot be sued by a citizen of another state o Ratification Powers: 3/4 of states must approve amendments to the Constitution • Interstate Relations: Constitutional requirements of states to prevent conflict o Full Faith and Credit Clause: a state must honor the legal actions/records of other states o Privileges and Immunities: a state may not discriminate against a citizen of another  state

▪ exception: in-state tuition for universities

o Extradition Clause: escaped prisoners must be returned to the state they are from ▪ Puerto Rico v. Branstad: ruled that it is mandatory, not optional

Exam 1 Study Guide

Lecture Overview

o Interstate Compacts: arrangements between multiple states to help solve problems  they share

▪ can’t overstep federal supremacy (as long as the NG is doing something within their authority, it  supersedes the states) 

STATE CONSTITUTIONS (9/7-9/9) 

• Fundamental state law

o Stands above any other law passed by state legislation or governor action o Limited by federal supremacy 

o US Term Limits v. Thornton (1980s): Arkansas tried to put term limits on its Congress  members, but it violated the Constitution (no term limits for Congress) 

• Functions

o Guarantees Individual rights

▪ States’ Bill of Rights can give more freedom than NG, but can’t be more restrictive

▪ Duplication of some federal rights allows citizens to go to nat’l or state courts

o Structures Gov’t

▪ Separation of powers between executive, legislative, and judicial branch ▪ Favors legislation

i. History: there was a distaste for executive power when most states were formed

ii. Constitutions are written by the legislation 

iii. Interest groups have a better chance of impact through legislature than executive power o Allocate power

o Limit power

• Criticisms

o Unnecessarily restrictive

▪ Difficult for states to act in times of crisis (especially financially) 

▪ Prop. 13: Limited property tax in CA, so they were unable to raise money when they were in danger  of going bankrupt

o Unrealistic citizen involvement

▪ Citizens must approve changed to state Const., but the technical language is difficult to understand o Confuse fundamental with statutory

▪ Fundamental: basic principles

▪ Statutory provision: should be dealt with by legislature

▪ State constitutions are much longer with many more amendments than the federal constitution  because a lot of unnecessary provisions are included (interest groups are a large part of the problem) o Archaic agencies/structures

▪ Archaic = outdated

o Haven for interest groups

▪ Constitutions show which interest groups are powerful (they are protected)

• How changes to the Constitution can be proposed:

o Legislative assembly (most common): TX requires 2/3 vote in both houses to propose  change

o Constitutional Convention (rare today): expensive and time consuming ▪ Election on call: voters must approve a convention,s must have a specific reason to meet (ex: funding  for universities) 

▪ Election on members: voting on who will be a delegate, “super delegates” like governor are automatically involved

Exam 1 Study Guide

Lecture Overview

o Initiative petition: voters skip legislature, must have signatures equal at least 10% of the  voters in the last governor’s race

▪ Common when there is no legislative support (Prop. 13)

o Constitutional commissions: unbiased advisory groups provide opinions to state  legislature on what should be changed

Exam 1 Study Guide

Lecture Overview

STATE CONSTITUTIONS (9/12) 

• Constitutional Change → voters decide

• Obstacles to revision

o Proposal is difficult

o Opposition: opposing interest groups can be more organized/funded than supporters • Alternatives to amending  

o Judicial interpretation: state supreme courts have the final say on what the constitution  means

o Statutory amplification: legislation interprets to give themselves power o Ignore provisions: getting around the “fluffiest” and most restrictive language o Non-Constitutional initiative: the people put things on the ballot themselves, not  changing the Constitution itself

▪ TX does not allow statewide initiatives (local opinion can still impact cities/towns) ▪ TX citizens directly vote on

i. State income tax

ii. Legislative salaries

iii. Constitutional amendments

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