This document discusses the concept of federalism in the United States. It explains that federalism provides a system where states have independence while a national authority oversees the union. Both federal and state governments act on behalf of citizens through laws and elected officials. The document outlines reasons for federalism, including practical governance issues, liberty arguments, and distributing authority. It also discusses the distribution of powers between federal and state governments as laid out in the Constitution.

1. Federalism and the Texas
Constitutions
GOVT 2306
Chapter 2

2. Federalism
 Federalism – provides a system of government that allows
the states to function with a great deal of independence
while a national authority meets the needs of the union of
states.
 Essentially a compromise between unitary and confederation
systems
 Both the federal and state governments act on behalf of the
people through laws and the actions of elected and appointed
governmental officials
 Within each government’s sphere of influence and authority, each is
supreme

3. Central Government
State Government

4. Why Federalism?
 Practical Issues
 The Framers saw a practical problem – how do we unite the
colonies?
 Liberty-based Argument
 Liberty is more secure in small republics
 (Eric Oliver) Participation is greatest in small governments, to an extent
 States often lead the way regarding civil rights (women’s suffrage and
western states)
 However, rights can be curtailed by states (Jim Crow laws in the South
from 1880s to 1940s)

5. Why Federalism?
 Other Arguments
 “Farming Out” Authority
 The national government can distribute responsibilities to the state/local
governments
 Additionally, the state and local governments often take the brunt of political
dissatisfaction
 Geography
 Large area and population of some nations make it impractical to locate all
political authority and resources in one location
 Bringing Government to the People
 Federalism brings government closer to the people through direct access to
local/state government

6. Why Federalism?
 Arguments against Federalism
 Impeding Progress
 Some see federalism as a way for powerful state/local interests to block
progress and impede national plans
 Inequity due to lack of oversight
 Marked differences state to state in educational spending, crime/crime
prevention, and even building safety
 Unitary Arguments
 President Ronald Reagan argued that federalism has given way to
expansion of national powers
 “The Founding Fathers saw the federalist system as constructed something like a
masonry wall. The States are the bricks, the national government is the
mortar…Unfortunately, over the years, many people increasingly come to believe
that Washington is the whole wall.”

7. Federalism
 Think of the U.S. without Federalism
 Culturally, we wouldn’t have states
 Regions or localities instead
 No state governors or legislatures
 No state police
 No TABC regulating bars
 No state bureaucracy
 Want to hunt?
 Get a license from the Department of Interior instead of Texas Parks &
Wildlife

8. A Life Without Federalism?

9. Distribution of Powers
 The powers that belong to the states are not equal to those
powers residing in the national government.
 The 10th Amendment provided for a balance
 “the powers not delegated by the Constitution, nor prohibited by it to
the States, are reserved to the States, respectively, or the people”
 However, the national supremacy clause in the Constitution
clarifies this further
 “This Constitution, and the laws of the United States which shall be
made in pursuance thereof; and all treaties made, or which shall be
made, under the authority of the United States, shall be the supreme
law of the land”

10. Distribution of Powers
 Delegated and Implied Powers
 Delegated Powers – specific powers entrusted to the national
government by Art. I, Sec. 8 of the Constitution
 Regulates interstate and foreign commerce, borrowing and coining
money, declaring war, and levying and collecting taxes, etc.
 Implied Powers – Art. I also allows for the national government
to make “all laws which shall be necessary and proper for
carrying into execution the foregoing powers, and all other
powers vested by this Constitution in the government of the
United States, or in any department or officer thereof”
 How do you define what is necessary and proper?

11. Distribution of Powers
 Limitations on the States
 Art. I, Sec. 10 of the Constitution limits states’ powers in
numerous areas
 Voting rights, due process, equal protection of the laws
 Article VI established national supremacy over the states
 Case law: Texas v. White (1869) – the Supreme Court ruled that
states cannot secede from the Union
 The Court ruled that the national Constitution “looks to an indestructible
union, composed of indestructible states”
 Additionally, state legislatures cannot limit the number of terms for
members of the states’ congressional delegation
 Terms can only be limited if authorized by an amendment to the U.S.
Constitution

12. Distribution of Powers
 Limitations on the States
 The 14th Amendment’s “Equal Protection” clause forbids states
from denying anyone the equal protection of the laws or the
privileges and immunities of citizens of the United States
 The 14th Amendment’s “Due Process” clause stipulates that no
state may deprive persons of life, liberty, or property without due
process of the law
 This clause is also a legal loophole that allows for incorporation of the
Bill of Rights to the states
 For decades, courts were reluctant to apply the liberties spelled out in
the Bill of Rights to the states
 The shift to incorporation began in 1925 with Gitlow v. New York

13. Incorporating the Bill of Rights
through the 14th Amendment
Year Issue Amendment Involved Court Case
1925 Freedom of Speech I Gitlow v. New York
1931 Freedom of the press I Near v. Minnesota
1932 Right to a law in capital
punishment cases
VI Powell v. Alabama
1937 Freedom of assembly I De Jonge v. Oregon
1940 Freedom of religion I Cantwell v. Connecticut
1947 Separation of church and state I Everson v. Board of Education
1948 Right a public trial VI In re Oliver
1949 No unreasonable search and
seizures
IV Wolf v. Colorado
1961 Exclusionary rule IV Mapp v. Ohio
1962 No cruel and unusual
punishment
VIII Robinson v. California
1963 Right to a law in all criminal
felony cases
VI Gideon v. Wainwright
1964 No compulsory self-
incrimination
V Mallory v. Hogan
1965 Right to privacy I, III, IV, VI, IX Griswold v. Connecticut
1966 Right to an impartial jury VI Parker v. Gladdon
1967 Right to a speedy trial VI Klopfer v. North Carolina
1969 No double jeopardy V Benton v. Maryland
2010 Right to bear arms II McDonald v. Chicago

14. Distribution of Powers
 Guarantees to the States
 Constitutional guarantees
 States may be neither divided nor combined with another state without the
consent of the state legislatures involved and Congress
 Each state is guaranteed a republican form of government
 Each state is guaranteed two senators in the U.S. Senate and at least one
member in the U.S. House
 States participate in presidential elections through the Electoral College
 All states participate equally in approving or rejecting proposed
amendments to the U.S. Constitution
 Ratification requires 3/4s vote of the state legislatures or by conventions in called in
3/4s of the states
 States are entitled to protection by the U.S. government against invasion
and domestic violence
 States can still retain militias (National Guard units)
 Federal crimes committed in a specific state will be tried by a federal court in
the state that the crime was committed

15. Distribution of Powers
 Interstate Relations and State Immunity
 Article IV guarantees that “Citizens of each state shall be entitled
to the privileges and immunities of citizens of several states”
 This means that citizens are guaranteed protection by the
government
 Enjoyment of life and liberty
 Right to acquire and possess property
 The right to leave and enter any state
 Right to use state courts

16. Distribution of Powers
 Interstate Relations and State Immunity
 Full Faith and Credit Clause
 Article IV also states that “full faith and credit shall be given in each State to
the public acts, records, and judicial proceedings of every other State.”
 This means that the following types of documents must be official
recognized and honored in every other states
 Legislative enactments
 State constitutions
 Deeds and wills
 Marriage and divorce records
 Same-sex marriages, civil unions, and domestic partnerships are currently
unresolved
 Civil court judgments
 Child support and Orders of Protection
 However, this clause does not apply to state criminal cases
 Penal code exception was codified in 1825

17. Distribution of Powers
 Interstate Relations and State Immunity
 11th Amendment
 Offers states limited sovereign immunity including protection for states from
being sued by their own citizens, or those of another state, without its
consent, and from being sued by state employees for violating federal law.
 Basically, the amendment reads that a state must consent to being sued in federal
court
 On the federal level, the government generally cannot be sued unless a
federal employee is sued through the Federal Torts Claim Act
 This assurance is not absolute in all cases
 States cannot claim “sovereign immunity” in cases where state employees commit
wrongdoing or negligence acting on behalf of the state
 Typically, these cases are thrown out and the state employees are sued instead

18. Distribution of Powers
 Interstate Relations and State Immunity
 State Powers
 Powers reserved for the states are not defined and are in a constant
state of flux
 In recent years, more responsibilities have returned to the states
 Broad categories of state powers include:
 Police Power – protection of the health, morals, safety, and convenience of
citizens
 Taxing Power – raising revenue to pay state employees and provide for costs
of state government
 Proprietary Power – provides for public ownership of property such as airports,
energy-producing utilities, and parks
 Power of Eminent Domain – taking private property for highway construction or
other public use at a fair price

19. Federal-State Relations
 Historically, the national government provided grants to the
states in the form of land to finance education
 Additionally, land grants for canals, railroads, and roads were also
provided
 In the 20th century, federal grants increased significantly,
especially during the Great Depression and New Deal
administration
 Federal grants-in-aid were used to influence state policymaking
 As federally initiated programs multiplied, the federal government’s
influence on state policymaking widened
 With these grants came an increasing number of restrictions
and regulations placed on the states by the federal government

20. Check my SlideShare page
(rfair07) for more lectures
Lectures posted for:
 United States History before 1877 / after 1877
 Texas History
 United States (Federal) Government / Texas Government
 Slide 20 of 56
 To download a full copy of this PowerPoint presentation,
please go to: https://gumroad.com/l/Buyk 
 If you would like a copy of all the Texas Government lectures
posted in PDF format, please check out
at:https://gumroad.com/l/GXhg 