States
 Constitution is non-specific
 Family laws, professional
standards
 Education, health, transpor
tation, economic
develo...
 Constitution is non-specific
 Family laws, professional
standards
 Education, health, transpor
tation, economic
develo...
 40 states require balanced
budgets
 Project revenue and
expenses, fluctuations
Finances
Revenue
$208.2B
Federal
$74.6B
Taxes
$96.9B
Fees, etc
$34.9B
 40 states require balanced
budgets
 Project revenue and
ex...
 Weak in the first wave
 Northwest Ordinance of 1787
 Post-Confederacy South constitutions
 Western states concerned a...
Legislatures
JudiciariesGovernors
Shared components
 No sovereignty, but home rule
 Dillon’s Rule, 1868
 “Municipal corporations owe their origins and derive their power
a...
National
Power
State
Power
Federalism is messy.
 Medical use in 20 states plus DC
 Medical and recreational use in 4 states
Where is marijuana legal?
 WA and CO voters
 “Don’t break out the
Cheetos or the Goldfish too
quickly.”
 Controlled Substances Act
 Illegal, no ...
 State regulation from “seed
to sale”
 Children, inter-state
sales, gangs
 Banks, security
providers, and landlords?
Ju...
 Arizona’s 2010 laws
 Created state requirements
and penalties related to
immigration law
enforcement
 Existing federal...
 Four provisions
 (1) created a state-law crime for being unlawfully present in the United States
 (2) created a state-...
 Four provisions
 (1) created a state-law crime for being unlawfully present in the United States
 (2) created a state-...
 Thirteen states and DC permit same sex marriage
 Federal benefits related to marriage
 Defense of Marriage Act, 1996
S...
 Windsor and Spyer married
in Canada, 2007
 $383,000 tax, no marital
exemption
United States v. Windsor, 2013
 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.  Constitution is non-specific  Family laws, professional standards  Education, health, transpor tation, economic development, and criminal justice What do they do?
    3. 3.  Constitution is non-specific  Family laws, professional standards  Education, health, transpor tation, economic development, and criminal justice What do they do? 0 10 20 30 40 50 Education HHS Public Safety Transortation Government Other Texas Expenditures, FY 2011
    4. 4.  40 states require balanced budgets  Project revenue and expenses, fluctuations Finances
    5. 5. Revenue $208.2B Federal $74.6B Taxes $96.9B Fees, etc $34.9B  40 states require balanced budgets  Project revenue and expenses, fluctuations  Projected Revenue for Texas, 2014-2015 Finances
    6. 6.  Weak in the first wave  Northwest Ordinance of 1787  Post-Confederacy South constitutions  Western states concerned about machine politics  Trend since the 1960s State constitutions
    7. 7. Legislatures JudiciariesGovernors Shared components
    8. 8.  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.” Local governments
    9. 9. National Power State Power Federalism is messy.
    10. 10.  Medical use in 20 states plus DC  Medical and recreational use in 4 states Where is marijuana legal?
    11. 11.  WA and CO voters  “Don’t break out the Cheetos or the Goldfish too quickly.”  Controlled Substances Act  Illegal, no prescriptions November 2012
    12. 12.  State regulation from “seed to sale”  Children, inter-state sales, gangs  Banks, security providers, and landlords? Justice Department’s response
    13. 13.  Arizona’s 2010 laws  Created state requirements and penalties related to immigration law enforcement  Existing federal law Immigration
    14. 14.  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? Arizona v. United States
    15. 15.  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. Arizona v. United States
    16. 16.  Thirteen states and DC permit same sex marriage  Federal benefits related to marriage  Defense of Marriage Act, 1996 Same sex marriage
    17. 17.  Windsor and Spyer married in Canada, 2007  $383,000 tax, no marital exemption United States v. Windsor, 2013
    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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