Ch. 2 Federalism and the Texas constitution

constitutional revision convention

A body of delegates who meet to make extensive changes in a constitution or to draft a new constitution.

initiative

A citizen-drafted measure proposed by a specific number or percentage of qualified voters that becomes law if approved by popular vote. In Texas, this process occurs only at the local level, not at the state level

Texas Grange

A farmers' organization, also known as the Patrons of Husbandry, committed to low levels of government spending and limited governmental powers; a major influence on the Constitution of 1876.

Texas Equal Legal Rights Amendment (ELRA)

Added to Article I, Section 3, of the Texas Constitution, it guarantees that "equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin."

Texas Bill of Rights

Article I of the Texas Constitution, which guarantees protections for people and their property against arbitrary actions by state and local governments. Protected rights include freedom of speech, press, religion, assembly, and petition.

privileges and immunities

Article IV of the U.S. Constitution guarantees that "citizens of each state shall be entitled to the privileges and immunities of citizens of the several states." According to the U.S. Supreme Court, this provision means that citizens are guaranteed protection by government, enjoyment of life and liberty, the right to acquire and possess property, the right to leave and enter any state, and the right to use state courts.

national supremacy clause

Article VI of the U.S. Constitution states, "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."

Article II

Assigns the law-making, law-enforcing, and law-adjudicating powers of government to 3 separate branches, identified as the Legislative, Judicial, and Executive.

block grant

Congressional grant of money that allows the state considerable flexibility in spending for a program, such as providing welfare services.

local government

Counties, municipalities, school districts, and other special districts that provide a range of services, including rural roads, city streets, public education, and protection of persons and property.

constitutional amendment election

Election, typically in November of an odd-numbered year, in which voters are asked to approve one or more proposed constitutional amendments. An amendment must receive a majority of the popular vote to be approved.

constitutional revision

Extensive or complete rewriting of a constitution

Article XVII, Section 1

It outlines the basic steps for the amendment process.

federal grants-in-aid

Money appropriated by the U.S. Congress to help states and local governments provide needed facilities and services.

full faith and credit clause

Most government actions of another state must be officially recognized by public officials in Texas.

implied powers

Powers inferred by the constitutional authority of the U.S. Congress "to make all laws which shall be necessary and proper for carrying into execution the foregoing [delegated] powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."

constitutional amendment process

Process for changing the Texas Constitution in which an amendment is proposed by a two-thirds vote of each chamber of the legislature and approved by a simple majority of voters in a general or special election.

reserved powers

Reserved powers are derived from the Tenth Amendment of the U.S. Constitution. Although not spelled out in the U.S. Constitution, these reserved powers to the states include police power, taxing power, proprietary power, and power of eminent domain.

constitutional guarantees

Rights and protections assured under the U.S. Constitution. For example, among the guarantees to members of the Union include protection against invasion and domestic uprisings, territorial integrity, a republican form of government, and representation by two senators and at least one representative for each state.

delegated powers

Specific powers entrusted to the national government by Article I, Section 8, of the U.S. Constitution (e.g., regulate interstate commerce, borrow money, and declare war).

10th Amendement

The Tenth Amendment to the U.S. Constitution declares that "the powers not delegated by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people."

separation of powers

The assignment of lawmaking, law-enforcing, and law-interpreting functions to separate branches of government.

Texas Constitution of 1876

The lengthy, much-amended state constitution, a product of the post-Reconstruction era that remains in effect today.

suffrage

The right to vote.

Devolution

To bring about a reduction in the size and influence of the national government by reducing federal taxes and expenditures and by shifting many federal responsibilities to the states.