States
What do they do?
 Constitution is non-specific

 Family laws, professional
standards
 Education, health,
transportation...
What do they do?
 Constitution is non-specific

Texas Expenditures, FY 2011
Other

 Family laws, professional
standards
...
Finances
 40 states require balanced
budgets
 Project revenue and
expenses, fluctuations
Finances
 40 states require balanced
budgets
 Project revenue and
expenses, fluctuations
 Projected Revenue for
Texas, ...
State constitutions
 Weak in the first wave
 Northwest Ordinance of 1787
 Post-Confederacy South constitutions
 Wester...
Shared components
Legislatures

Governors

Judiciaries
Local governments
 No sovereignty, but home rule
 Dillon’s Rule, 1868
 “Municipal corporations owe their origins and de...
Federalism is messy.

National
Power

State
Power
Where is marijuana legal?
 Medical use in 20 states plus DC
 Medical and recreational use in 4 states
November 2012
 WA and CO voters
 “Don’t break out the
Cheetos or the Goldfish too
quickly.”
 Controlled Substances Act
...
Justice Department’s response
 State regulation from “seed
to sale”
 Children, inter-state
sales, gangs
 Banks, securit...
Immigration
 Arizona’s 2010 laws
 Created state requirements
and penalties related to
immigration law
enforcement
 Exis...
Arizona v. United States
 Four provisions
 (1) created a state-law crime for being unlawfully present in the United Stat...
Arizona v. United States
 Four provisions
 (1) created a state-law crime for being unlawfully present in the United Stat...
Same sex marriage
 Thirteen states and DC permit same sex marriage
 Federal benefits related to marriage
 Defense of Ma...
United States v. Windsor, 2013
 Windsor and Spyer married
in Canada, 2007
 $383,000 tax, no marital
exemption
 Is DOMA, which defines the term marriage as a “legal
union between a man and a woman”, unconstitutional?
 Is DOMA, which defines the term marriage as a “legal
union between a man and a woman”, unconstitutional?
 Partly. Given...
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  • Money in billionshttp://www.window.state.tx.us/taxbud/expend_hist.html#2011
  • http://www.ncsl.org/documents/fiscal/StateBalancedBudgetProvisions2010.pdf
  • http://www.ncsl.org/documents/fiscal/StateBalancedBudgetProvisions2010.pdf
  • SOPLeg – pass laws, monitor agencies, moneyEC – proposes budgets, head agencies, vetoJud – settle disputes over state laws
  • Make and enforce their own lawsSupreme Court
  • Banking: http://www.nytimes.com/2013/09/11/us/answers-sought-for-when-marijuana-laws-collide.html
  • Laissez-faire?Other industries
  • http://www.nytimes.com/2013/08/30/us/politics/us-says-it-wont-sue-to-undo-state-marijuana-laws.html?_r=0http://www.nytimes.com/2013/09/11/us/answers-sought-for-when-marijuana-laws-collide.html
  • States upload

    1. 1. States
    2. 2. What do they do?  Constitution is non-specific  Family laws, professional standards  Education, health, transportation, economic development, and criminal justice
    3. 3. What do they do?  Constitution is non-specific Texas Expenditures, FY 2011 Other  Family laws, professional standards  Education, health, transportation, economic development, and criminal justice Government Transortation Public Safety HHS Education 0 10 20 30 40 50
    4. 4. Finances  40 states require balanced budgets  Project revenue and expenses, fluctuations
    5. 5. Finances  40 states require balanced budgets  Project revenue and expenses, fluctuations  Projected Revenue for Texas, 2014-2015 Taxes $96.9B Federal Fees, etc $74.6B $34.9B Revenue $208.2B
    6. 6. State constitutions  Weak in the first wave  Northwest Ordinance of 1787  Post-Confederacy South constitutions  Western states concerned about machine politics  Trend since the 1960s
    7. 7. Shared components Legislatures Governors Judiciaries
    8. 8. Local governments  No sovereignty, but home rule  Dillon’s Rule, 1868  “Municipal corporations owe their origins and derive their power and rights wholly from the state legislature. It breathes into them the breath without which they cannot exist. As it creates, so it may destroy. If it may destroy, it may abridge and control.”
    9. 9. Federalism is messy. National Power State Power
    10. 10. Where is marijuana legal?  Medical use in 20 states plus DC  Medical and recreational use in 4 states
    11. 11. November 2012  WA and CO voters  “Don’t break out the Cheetos or the Goldfish too quickly.”  Controlled Substances Act  Illegal, no prescriptions
    12. 12. Justice Department’s response  State regulation from “seed to sale”  Children, inter-state sales, gangs  Banks, security providers, and landlords?
    13. 13. Immigration  Arizona’s 2010 laws  Created state requirements and penalties related to immigration law enforcement  Existing federal law
    14. 14. Arizona v. United States  Four provisions  (1) created a state-law crime for being unlawfully present in the United States  (2) created a state-law crime for working or seeking work while not authorized to do so  (3) required state and local officers to verify the citizenship or alien status of anyone who was lawfully arrested or detained  (4) authorized warrantless arrests of aliens believed to be removable from the United States.  Does federal immigration law 1) preclude Arizona's enforcement efforts and 2) preempt AZ law?
    15. 15. Arizona v. United States  Four provisions  (1) created a state-law crime for being unlawfully present in the United States  (2) created a state-law crime for working or seeking work while not authorized to do so  (3) required state and local officers to verify the citizenship or alien status of anyone who was lawfully arrested or detained  (4) authorized warrantless arrests of aliens believed to be removable from the United States.  Does federal immigration law 1) preclude Arizona's enforcement efforts and 2) preempt AZ law? Yes and no.
    16. 16. Same sex marriage  Thirteen states and DC permit same sex marriage  Federal benefits related to marriage  Defense of Marriage Act, 1996
    17. 17. United States v. Windsor, 2013  Windsor and Spyer married in Canada, 2007  $383,000 tax, no marital exemption
    18. 18.  Is DOMA, which defines the term marriage as a “legal union between a man and a woman”, unconstitutional?
    19. 19.  Is DOMA, which defines the term marriage as a “legal union between a man and a woman”, unconstitutional?  Partly. Given state marriage, it imposes a “disadvantage, a separate status, and so a stigma” on same-sex couples in violation of the Fifth Amendment’s guarantee of equal protection.
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