POLS 2312 -001 Chapter Two Lecture Notes [Full]
POLS 2312 -001 Chapter Two Lecture Notes [Full] POLS 2312-001
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This 6 page Class Notes was uploaded by M.G on Monday February 1, 2016. The Class Notes belongs to POLS 2312-001 at University of Texas at Arlington taught by Kimberly Harper in Winter 2016. Since its upload, it has received 115 views.
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Date Created: 02/01/16
Federalism ● The division of power (or sovereignty) between a national and regional (state) government ● Allows for experimentation with policies a. Marijuana is an example, with some states legalizing it completely, roughly 20 states legalizing medical marijuana, and the federal government completely outlawing it. b. Samesex marriage prior to 2015 decision (Obergefell v Hodges) c. Gun laws open carry, concealed carry, clip sizes, background checks… d. Cop recording laws e. Abortion policies f. Sex ed. ■ TX #1 teen pregnancy g. Physician assisted suicide West Coast states legalized mainly. ● Coercive federalism ● Federalism in a Nutshell a. Some countries engage in a unitary system We leave England (Federal only) b. We then create a confederal system (States only) [Articles of confederation] c. We then have the constitutional convention, where we create Federalism, where there is a federal structure and a state structure ● History of Federalism a. Indestructible union ■ Oldest child is the most protective, bubbled child. ■ When something is new, you want to protect it ■ Lasted from founding to civil war b. Dual Federalism ■ The power which one has the other does not possess ■ Civil War to Great Depression ■ Two distinct layers on a cake Chocolate and White cake. c. Cooperative Federalism ■ Working relationship between two levels ■ Great Depression to present ■ “Marble cake” d. Coercive Federalism ■ Some states feel they are being ‘pushed’ into certain programs ■ Some states still work well with the government in a cooperative state. ● Trends of Federalism a. Expansion of the Federal Government ■ Massive growth under FDR during the great depression ■ LBJ made it bigger with Medicaid, Medicare, etc… ■ Bush with war… b. Devolution ■ The idea that the government is strengthened by handing power from the federal government down to the state governments. ● Powers a. State Powers ■ Reserved ■ Given through the 10th amendment ■ Not specified ■ Policing, taxing, proprietary, eminent domain, public safety, education ■ Powers local gov. has derived from state ■ Election issues mostly a state level item b. Federal Powers ■ Delegated, specific, expressed, enumerated ■ Article 1 ■ Coining money, foreign affairs, post office (Only Fed) c. Implied ■ Necessary and Proper clause ■ Elastic ■ “I have the power to do this…” ■ Allows for government expansion d. Supremacy Clause ■ When the state has a law and the federal government has a law, the federal government wins ■ Obergefell v. Hodges (example) e. Concurrent (Shared) Powers ■ Taxes ■ Transportation ■ Police ■ Banks ■ Education ● Currently becoming a concurrent power because of NCLB (2002) ● NCLB ties federal funding to school test scores. ● Amendments a. 13th Amendment ■ Abolishes slavery b. 14th Amendment ■ Equal protection clause ■ Bill of Rights originally applied to the federal government. ■ “No state can deprive you of your life, liberty, or property without due process” ■ Allows for Bill of Rights to be applied to the states. c. 15th Amendment ■ 1870 ■ Men, regardless of color, have the right to vote ■ African American men actually have the ability to vote in 1965 (Civil Rights Act?) ● TX v. White a. 1869 b. Federal case c. Says TX cannot secede or it’s technically war. d. If TX tries to leave, it is an automatic declaration of war. ● Full Faith and Credit Clause a. States supposed to recognize legal documents from other states b. Samesex marriage; legal marriages from other states not recognized in certain states. ● Money a. Categorical Grants ■ Specific ■ i.e for public school lunches. It can only be used for public school lunches. b. Block Grants ■ Allows flexibility for states to dictate where money is spent ■ i.e, Health and Human services. That money can be spent anywhere that fulfills this basic requirement. ■ States can choose where or where not to give the money. ■ Example of devolution because it gives states more power with spending. TX Constitution History ● TX has had seven constitutions ● Most recent written in 1876. ● Not available in print due to length ○ About 9 times longer than the US Constitution ● 1st constitution was under Mexico ○ Left Mexico in 1836 to become the Republic of Texas. ● Republic of Texas ○ Wanted a separation of church and state so that the Catholic church wouldn’t influence its policies. ● Constitutions ○ 1st Constitution ■ Written under Mexico ○ 2nd Constitution ■ Written as the Republic of Texas ○ 3rd Constitution ■ Written in 1835 upon joining the Union ○ 4th Constitution ■ Written upon joining Confederate States ○ 5th Constitution ■ Written in 1866 under the United States ■ Written to appease the North ○ 6th Constitution ■ Written in 1869 ■ E.J Davis ● Last Republican Gov. for 100+ years. ● Associated with corruption, abuse of power ● Appointed minorities to power, allowed minorities to vote. ● Defeated by Richard Pope, a democrat. ● Barricaded himself in his office to avoid leaving ○ 7th Constitution ■ Ratified in 1876 ■ Plural executive ● Power of the executive is spread out between 78 people ● Commissioner of Agriculture ● Commissioner of general land office ● Lt. Governor ● Governor ● Secretary of State ● Railroad commission ■ Has been amended almost 500 times due to overly specific detail. ■ Flaws ● No organization ● Too long Amendments ● Process ○ House and Senate (Legislative Branch) ○ Come together in a joint resolution that must pass each chamber with ⅔ of the vote. ○ After it is passed, it goes to the secretary of state, who formats it into a user friendly format and publishes the information. ○ Voters approve with a simple majority (51%) ○ Goes to governor for signature. ■ No veto power for constitutional amendments. ● Voter Turnout ○ Amendments are voted in odd numbered years. ○ Voter turnout is 55% (sometimes 60%) for a presidential election (National) ○ State voter turnout for a presidential election is 45%. ○ TX gubernatorial voter turnout is 25% ○ Less than 10% (7%) voter turnout in odd year elections. ● Local Government powers ○ Initiative ■ Voters can petition to change something via vote ○ Referendum ■ Voters petition a senator to start a change ○ Recall ■ Voters remove a local official from office ■ Better to resign than to be impeached or recalled. TX Constitution Summary ● Article 1 ○ Bill of Rights ■ 30 sections ■ Has everything the U.S has and then some. ● Article 2 ○ Separation of Powers ● Article 3 ○ Legislative: Lawmaking ● Article 4 ○ Executive: Lawenforcing ● Article 5 ○ Judicial: Lawinterpreting ● Article 6 ○ Suffrage ■ The right to vote ■ Over 18 to vote ■ Felons cannot vote ■ Mentally incompetent cannot vote
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