PowerPoint for Texas Government, Chapter 3 - Federalism, Rottinghaus Textbook, EPCC, Professor Seymour, Fall 2019

1. Chapter 3 – Federalism

2. Chapter 3: Federalism
Learning Objectives
3.1 Identify the types of governmental systems and the sources
of federal and state power.
3.2 Describe the advantages of federalism.
3.3 Evaluate how Texas uses the funding received from the
federal government.
3.4 Assess how elements of cooperation and coercion within
the federal system have changed over time.
3.5 Analyze examples of the conflicts over federalism.

3. Chapter 3: Federalism
Governor Abbott:
“We should demand that the federal government do two
things. One: Fulfill important—but limited—responsibilities
as written in the Constitution. And two: On everything else,
leave us alone, and let Texans govern Texas. (From 2017
State of the State address)

4. Federalism in Action – Hurricane Harvey
https://youtu.be/Dom8WMdjBYo

5. FEMA Responds to Hurricane Harvey
https://youtu.be/2GHkoJ7_cL4

6. Why Are We Worried About Hurricanes in
a Government Class?
• The way in which the national, state and local
governments respond to an emergency (like a
hurricane) can tell us a lot about the relationship
between national and state governments.
• States often rely on national government assistance in
such a crisis and the national government is often
criticized for the way in which it responds (or fails to
respond) to such an emergency.
• Local governments (state, county and city level) are
not prepared logistically or financially to handle such a
large scale event without federal government help.

7. Ronald Reagan’s
“9 most terrifying words”
https://youtu.be/xhYJS80MgYA

8. Just What did
Ronald Reagan Mean?
• What did President Reagan mean when he gave this
speech?
• Do you think Reagan favored federal or state level
governments?
• Why did he take such a position?
• What criticisms can you give of his position on
government?
• How does such a view impact us today?

9. Texas in the Federal System

10. • What role should the national government have in
immigration policy, voter ID, affirmative action, and
environmental legislation?
• Texas state leaders have recently been at the forefront
of calling for checks against the national government’s
power
– Texas Governor Greg Abbott has called for a constitutional
convention to pass nine new amendments that would limit
national government power.
– This plan is unlikely to be adopted but it does highlight the
conflict between states and the national government.
Why Federalism Matters

11. Texas and the Nation

12. Rick Perry wants Texas to what?
12
https://youtu.be/ziVaupp3AN8

13. Understanding Federalism
• Federalism is a system of government in
which power is divided between a central
government and regional governments
• At its core is the decentralization of
government

14. Federalism Explained
14https://youtu.be/60G6oT2h_w4

15. Can a State Ignore Federal Law?
https://youtu.be/7ULPJM6KyoQ

16. Nullification
• A legal theory that a state has the right to
nullify, or invalidate, any federal law which
that state has deemed unconstitutional with
respect to the United States Constitution (as
opposed to the state's own constitution.
• Theory is not generally recognized by the
federal courts and is considered one of the
root causes of the Civil War.

17. Organizing the Constitutional System
Key Terms
Unitary System : a central government that has
complete authority over all levels of government
Confederal System: a power-sharing arrangement in
which a central government’s authority is granted by the
individual political units
Federal System: a power-sharing arrangement between
central governing authority and individual political units

18. Organizing the Constitutional System
Supremacy Clause
• Article VI, Section 2 of the U.S. Constitution states that
the U.S. Constitution and federal laws “shall be the
supreme law of the land.”
• This asserts that federal powers are superior to state
powers.
• Every state constitution, state legislature, and state
judge is subject to the U.S. Constitution.

19. Organizing the Constitutional System
Types of Power
Enumerated Powers: powers that are expressly
identified as powers that the federal government can
take
Implied Powers: powers that the federal government is
not expressly granted but that it is assumed to possess
so that Congress can carry out its duties

20. Organizing the Constitutional System
Necessary and Proper Clause
• Article 1, Section 8 of the U.S. Constitution states that
“Congress shall have the power…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.”
• Specifies that Congress is allowed to assume additional
powers needed to carry out its function

21. Organizing the Constitutional System
Commerce Clause
• One of the enumerated powers listed in the
Constitution.
• “To regulate Commerce with foreign Nations, and
among the several States, and with the Indian Tribes.”
• The commerce clause has been used by Congress and
the Supreme Court as one of the most fundamental
powers delegated to the federal government.

22. Organizing the Constitutional System

23. Organizing the Constitutional System
Reserved Powers
The 10th Amendment (Reserve Clause)-
“The powers not delegated in the
Constitution, nor prohibited by it to the
States, are reserved to the States
respectively, or to the people.”

24. Organizing the Constitutional System
Reserved Powers
• The 10th Amendment gives the states authority to
decide anything that is not expressly stated in the U.S.
Constitution as a federal power.
• The states’ reserved powers include policy matters such
as public education, public health, and state elections.
• States have the power to protect citizens and promote
safety, welfare, and morals.

25. Organizing the Constitutional System
Concurrent Powers
• Powers that are shared between the state and
federal governments
• Examples include the power to establish courts, tax
citizens, and enforce laws
Full Faith and Credit Clause
• a Constitution clause that requires that each state
respect the rights and proceedings of other states

26. Advantages of Federalism
A Stronger Central Government
• Many problems existed under the Articles of
Confederation.
• Had no federal power to tax citizens or states to pay off
debts, no provisions for independent leadership, and no
mechanism for enforcement of laws under the Articles
• Shay’s Rebellion

27. Advantages of Federalism
Representation
• Federal system provides responsibility at many levels
• Local
• State
• National
• Number of public officials representing a citizen at
various levels is more than two dozen
• Lower-level governments often seen as more
responsive

28. Advantages of Federalism
Policy Innovation
• States have autonomy over issues most critical to the
people of the state
• “Laboratories of democracy”
• Innovate on matters of public policy
• Experiment with policy solutions

29. Advantages of Federalism
Trust in Levels of Government
• Texans historically distrustful of national government
• Higher degree of trust in local and state government
• 47 percent trusted state government
• 23 percent trusted federal government

30. Advantages of Federalism
Views on Government
• Texans are
more likely to
favor state
government
than local or
national
government.

31. Texas and Federal Funding
Financing
• Texas relies on the federal government for just over a
third of its total budget
• Texas ranks 30th among state in per capita total federal
funding
• Texas receives about $8,800 in federal spending per
capita, national average approximately $11,300
• Medicaid comprises most of federal funding allocation

32. Texas and Federal Funding

33. Texas and Federal Funding
Federal Funds—Disasters
• Initiated by state governors
• President sanctifies which opens federal funds
• Texas relies on federal disaster relief more than any
other state
• Funds used for a variety of purposes
• Funds come with strings attached

34. Texas and Federal Funding
Federal Funds—Other Uses
• Conservation Efforts
• Sam Houston National Forest
• Caddo National Grasslands
• Oil spills
• Deepwater Horizon
• Human trafficking

35. Styles of Federalism
Dual Federalism
• The simplest type of arrangement between a federal
government and the individual states is referred to as
dual federalism
• Each branch is coequal and sovereign
• Federal, state, and local government each has
exclusive powers that are reserved to it alone
• Sometimes referred to as “layer cake” federalism
• Guided federal-state relations until middle of the
twentieth century

36. “Layer Cake” Federalism
Dual Federalism is Sometimes Referred-to as
“Layer Cake” Federalism

37. Styles of Federalism
Cooperative Federalism
• Cooperative federalism refers to a style of federalism in
which each level of government has overlapping and
intertwined authority over shared issues
• Instead of a layer cake, this could be described as a
“marble cake” where the layers (government) overlap
and mix with each other
• Jurisdictions on policy and regulatory matters are not
bound by cleanly set layers
• Responsibilities of federal, state, and local
governments swirled together

38. Styles of Federalism
Cooperative Federalism
• Relies on grants-in-aid
• Categorical Grants: funds distributed to state or
local governments for programs that require
governments to meet conditions established by
the federal government
• Matching Grants: funds the state adds to
supplement specific federal government programs

39. “Marble Cake” Federalissm
Cooperative Federalism is sometimes
referred-to as “Marble Cake” federalism
because of the intermixing of the two levels
of government.

40. Styles of Federalism
New Federalism
• In the 1970s, President Richard Nixon introduced a
new style of federalism called new federalism.
• This system returns greater responsibilities, duties, and
funding to the states and reduces the size of the
federal government.
• This transfer of power to states is often called
devolution.

41. Styles of Federalism
New Federalism
• States should have greater say in their own public
policy than the federal government
• Regan Administration cemented practice of new
federalism
• Make federal government smaller
• Return responsibility of social and economic
assistance to the states

42. “Picket Fence” Federalism
Picket Fence Federalism Mixes Grants in Aid at
Federal, State, and Local Levels by Policy Area

43. Styles of Federalism
Block Grants
• Fixed funds that are transferred to states for the
implementation of a policy or program
• Greater autonomy for states in new federalism does not
mean that the federal government folds up their wallet and
leaves the states on their own
• The difference is that there are fewer strings attached
• Block grants are fixed funds that are transferred to states
for the implementation of a policy or program
• Provide flexibility for states to address problems

44. Trends in Federal Funding Over Time

45. Purposes of Federal Grant Funding in Texas

46. Styles of Federalism
Coercive Federalism
• Coercive federalism is a system in which the federal
government establishes guidelines for the states and
may punish the states for not participating.
Unfunded Mandates: federal or state legislation that
requires the states to implement policies but does not supply
funding necessary for implementation
Preemptions: federal government grants states permission and
funding to implement federal regulations if states comply with
certain conditions

47. Coercion or Cooperation?

48. Rick Perry Argues Against
Medicaid Expansion
https://youtu.be/fMIaigx-Ts4

49. State Responses to ACA (Obama Care)

50. Texas and Conflicts over Federalism
Texas Versus Washington
• In recent years, a resurgent Republican Party in Texas,
combined with the political opportunity to challenge a
Democratic presidential administration, has led to
conflicts between the state and the federal
government.
• Texas has sued the federal government frequently over
environmental issues, voting rights, business
regulations, and healthcare.

51. Texas and Conflicts over Federalism
Tidelands Controversy
• Legal title to more than 2 ½ million acres of submerged
land
• Upon entering the Union Texas kept all land, including
10 miles from shore
• Tidelands have many natural resources
• Supreme Court ruled that resources necessary for
national defense, federal government responsible
• State ultimately prevailed

52. Texas and Conflicts over Federalism
Red River Border Dispute
• Border dispute with Oklahoma
• Showdown taken to the courts
• River shifts over time, redefines border of the states
• Federal court ruled land belongs to the federal
government
• Texans have managed to hold deed to land

53. Texas and Conflicts over Federalism
Immigration
• 2014 certain undocumented immigrants received work
permits to stay and work legally
• 26 states (including Texas) challenged , filed in
Southern District of Texas
• Action unconstitutional
• “exacerbate” border crisis
• Force states to spend more

54. Texas and Conflicts over Federalism
Voter Identification at Election Places
• Formal identification presented at polls prior to voting
• Type of identification depends on state
• Texas requires state identification
• Several legal challenges to voter identification
• Federal court struck down law as discriminating against
minority voters
• 2004-2013 only four cases prosecuted by Texas
Attorney General involving someone illegally casting a
ballot

55. Texas and Conflicts over Federalism
Common Core Education Standards
• States innovate in education
• Almost exclusively responsible for education policy
• US Department of Education dispersed $5 million to
states that adopted Common Core and other criteria
• Texas law prohibited schools from using Common Core
• Argued Common Core federal takeover of education
• Incur unfunded mandate costs
• Others argue Common Core provides basic education
standards