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Week 3 GOVT 2306.003 Notes - Includes Notes From Chapter 2 & 3 of Governing Texas

by: Austin Bartlett

Week 3 GOVT 2306.003 Notes - Includes Notes From Chapter 2 & 3 of Governing Texas GOVT 2306.003

Marketplace > University of Texas at Dallas > Political Science > GOVT 2306.003 > Week 3 GOVT 2306 003 Notes Includes Notes From Chapter 2 3 of Governing Texas
Austin Bartlett

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Has notes from lectures of Day 6 and 7 of class as well as notes from the second and third chapter of the textbook
State and Local Government
Brian Bearry
Class Notes
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This 10 page Class Notes was uploaded by Austin Bartlett on Sunday January 31, 2016. The Class Notes belongs to GOVT 2306.003 at University of Texas at Dallas taught by Brian Bearry in Fall 2015. Since its upload, it has received 105 views. For similar materials see State and Local Government in Political Science at University of Texas at Dallas.


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Date Created: 01/31/16
GOVT 2306.003 Professor Brian Berry Day 6 *Means will be on the exam 1. Federalism a. Federalist 51 b. Federalist 46 i. Proposed that the federal system would be benefitted by a local government that is closer to the people and therefore better ii. Proposed that the local government would give citizens greater political participation iii. Proposed that the local government creates a more diverse political nation because it allows for people of small towns to group their opinions instead of one political ideology dominating the entire political spectrum iv. Proposed that local government prevents abuse of power in the United States Federal Government 1. Going along with this, the idea that local militias can prevent the tyranny of the national government 2. Constitution a. Article 1 Section 8 of the US Constitution i. Establishes the powers of the Congress ii. Also establishes the necessary and proper clause 1. This constructs the reserved powers of the Federal Government 2. Also creates concurrent powers or the powers that are shared between the state and federal governments b. Article 4 of the US Constitution i. Establishes the full faith and credit clause 1. Each state must honor the others states laws records and court rulings ii. Also establishes the privileges and immunities 1. Each state has the privilege to take back someone who is fleeing a crime from another state 2. Binding between the states that they must respect each other’s laws c. Article 6 of the US Constitution i. Establishes that the US Constitution is the supreme law of the land 3. Federalism a. Dual Federalism i. This is the kind of federalism where the federal and state/local governments have clear roles in which laws that they get to decide, think of a layer cake, the roles are clearly defined and separate b. Cooperative Federalism i. This is the kind of federalism where the federal and state/local governments each may work together and cooperate in which laws they make decisions on, think of a marble cake, the roles are mixed together ii. The 11th amendment helps this sort of federalism iii. New Deal politics passed during the great depression also contribute to cooperative federalism iv. The Civil Rights laws of 1964/1965 are also instances of cooperative federalism, the implementation of these laws was concurrent between national and state levels v. The War on Terror was an example of cooperative federalism c. Federalism’s Transformation i. 11th Amendment 2 1. This amendment was adopted because of the Chisolm v. Georgia Decision 2. This establishes that the judicial power of the federal government cannot be used to bring lawsuit to a state that is not the location of the issue a. For example, the citizens of New York cannot sue the state of California ii. McCulloch v. Maryland 1. This is an instance where the federal government used the necessary and proper clause to override the state government, this was not an enumerated power but one of the large instances of the necessary and proper clause iii. Gibbons v. Ogden 1. The case that allows the federal government to regulate interstate commerce a. Interstate commerce can be interpreted in a large number of ways; this gives the federal government a large amount of power over the states iv. 14th Amendment 1. Grants citizenship to every person born inside the United States d. Fiscal Federalism examples i. Grants in Aid ie. Block grants/categorical grants 1. These are examples of the federal government designating money to be spent by the states for certain issues ii. Preemption of issues 1. Means the government and provide money before an issue arises which allows 3 something to be dealt with faster than on a national level iii. Mandates from the federal government e. Misc. Benefits i. States are policy Laboratories ii. Federalism allows for individual political participation iii. Federalism prevents the overreaching of the national government f. Drawbacks of Federalism i. Too many levels of government harms political participation ii. This allows for interest groups to take over the levels of government and work their way up iii. Local governments might not be equipped with the resources to deal with issues that arise Day 7 1. The Constitution of Texas a. More than a written document, it’s the people’s way of life, it’s their values and principles i. They’re designed to limit government, this is especially true in Texas b. American Constitutional Design/Principles are different across the 51 constitutions that make up the United States c. *The First Constitution as a State of Mexico i. This was under the federal republic of Mexico ii. Ruled by largely authoritarian form of government d. *The Second Constitution Texas as an independent state i. People were fleeing other governments to come to Texas ii. Characterized by a fear of the government and established Texas as an independent nation e. *The Third Constitution Texas as a new state 4 i. Texas has just joined the union ii. This was a more progressive document comparative to the two constitution before it f. *The Fourth Constitution Texas joins the confederacy i. Modified to reflect confederate views of the state ii. Gave the state more power g. *The Fifth Constitution Texas rejoins the union i. This was a largely provisional constitution just so they could quickly join back into the United States after the loss of the confederacy in the Civil War h. *The Sixth Constitution Texas post American Reconstructionism i. Moderate progressive document 1. This allowed for the schooling of African Americans 2. Texas was a slave state initially ii. African American people became part of the legislative body of Texas iii. EJ Davis believed in equality of mankind and fought for the North, he would become governor of the state 1. Began to abuse his power 2. Had the desire to educate and emancipate African American people in the state of Texas 3. Became a tyrant that took from his people, characterized by massive abuse of power 4. This is what lead to the current constitution of Texas i. *The Seventh Constitution Texas Constitution of 1876 i. Current State constitution 5 ii. Reflects what EJ Davis did, by scaling back the power of the government iii. Two Types of constitutions 1. Liberal constitution which is characterized by short broad language a. Lets the document be interpreted over time b. Creates and adaptable constitution for the people c. The Constitution of 1876 is not Liberal 2. Statutory constitution which is characterized by very rigid and long language a. Meant to establish a very limited government b. The government can only do what this sort of constitution allows iv. The Constitution of 1876 is a Statutory constitution 1. It is the 2nd longest constitution 2. Similar to a law code 3. Defining feature is the limiting of power 4. Intent of this constitution was to create a very weak government a. Also meant to maximize individual freedoms of the citizens b. Characterized by radical ideas of individual freedoms and despising the government 5. Texas legislation meets every other year for 140 days a. In the off time it means that the legislators are not making law thereby weakening the legislative branch of the Texas Government 6. Structure of this constitution 6 a. Very formal, defined by what comes first b. The preamble is the mission statement of the constitution c. Article 1 of the US Constitution is the creation of a Congress d. Article 1 of the Texas Constitution is the bill of rights i. Most important thing to the people of Texas was their bill of rights e. Article 2 of the Texas Constitution is the explicit powers of the government i. Mandates separation of powers 1. This prevents the abuse of powers f. Article 3 of the Texas Constitution establishes the legislative g. Articles 4 of the Texas Constitution establishes the Governor/Bureaucracy h. Article 5 of the Texas Constitution establishes the judiciary i. Article 6 of the Texas Constitution guarantees suffrage (the right for citizens to vote) i. Helps by creating progressive ideals 7. The Texas Constitution was amended to ban income tax a. People currently do not want to change this 2. Federalism a. Prevents the Concentration of power in the government i. Executive of the federal government has become more powerful 7 ii. States act as a check on the executive government iii. State lawsuits can stop the federal laws from being passed b. Federalism is referred to as the 2nd protection of the people i. Creates good government 1. Local/State governments can deal with issues that are much closer to the region where the issue arises 2. Local governments are much more responsive to issues and can address the needs of a local population ii. Contributes to the happiness of the people c. Allows for the balancing of political culture and political opinions i. Reflects the morality of the regions that are being governed by a specific government d. Local government allows for greater political participation i. Citizens of those areas and run for those local offices Chapter 2 Pt. 2 Pgs. 54-77 1. The Current Texas Constitution a. There have been many (more than 700) amendments called for, about 1/3 have passed b. Establishes a very limited government c. Check notes from class for Articles 1 – 6 d. Article 7 i. Establishes that there will be public school available for education ii. Also discuses the funding and operation of these schools e. Article 8 i. Establishes taxation and how revenue is made in Texas 8 ii. There is no income tax in Texas f. Article 9 and 11 i. Provide accounts of how local governments should be setup g. Articles 10, 12, 13, and 14 i. Revised articles deal with railroads, private corporations, Spanish and Mexican land titles, and public lands ii. Largely general rules that apply in various ways h. Article 15 i. Establishes the impeachment process ii. Very similar to the United States impeachment process i. Article 16 i. General provisions of the Texas Government ii. This is a catchall for most issues that they cannot perceive j. Article 17 i. Lays out the process for amending the constitution 2. Sharpstown and the failed reforms of 1974 a. There was a large amount of stock fraud going on in Texas b. There were calls to reform the Texas constitution c. These calls for reform failed 3. The 1999 Ratliff Junell Proposal a. Calls to change how the Texas Congress operates b. Did not pass Chapter 3 Pt. 1 Pgs. 79-901 1. Federalism 9 a. Largely similar to what was said in class, this is a short summary of those opinions with a few extra facts b. Matters because it allows for the states to have power and prevents centralization of power c. Federalism is the system of government that distributes certain powers between the State and Federal governments d. There is one more type of federalism, coercive federalism i. Mandates that the states follow the laws of the Federal 10


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