Texas Government Ch.3

Which of the following best summarizes the results of the various efforts to implement "new federalism"?

"New federalism" was generally unsuccessful, as federal powers often increased significantly while state powers often did not

Formula grants

- A federal grant based on specific criteria, such as income levels or pop. - Medicaid, highway construction, and family assistance, etc.

Project grant

- A federal grant for a defined project - Requires a state or local government to apply for a grant to the appropriate federal agency and compete against other state and local govts for the funds - Money is awarded on the merits of an application

Block grants

- A federal grant of money to states and local govts for broad programs or services rather narrowly defined programs. A block grant gives state and local govts more discretion over the use of the funds than other types of grants do

Interstate compacts

- A formal, long-term cooperative agreement among the states dealing with common problems or issues and subject to approval of the US Congress - Article I, Section 10 - On average, states belong to 30 interstate compacts, which include border, advisory, and regulatory compacts - TX belongs to 36 ICs, including the Interstate Compact to Conserve Oil and Gas, the Interstate Compact for Juveniles, and Nurse Licensure Compact

Categorical grants-in-aid

- A grant of federal money that can be spent only for specific programs or purposes. This is the source of most federal assistance to state and local governments

Dillon rule

- A principle holding that local govts are creations of state govt, and their powers and responsibilities are defined by the state - Also holds that if a state can create local govts, then it could also destroy or eliminate them - Political and practical considerations usually preclude the elimination of local govts

Extradition

- A process by which a person in one state can be returned to another state to face criminal charges - If a person who has been charged with a crime in TX attempts to avoid trial by fleeing to another state, they can be returned to TX via this process - The governor is responsible for granting extradition requests

Revenue sharing

- A program begun under Nixon and later repealed in which state and local govts received federal aid that could be used for virtually any purpose - Proposed the replacement of many categorical grants with revenue sharing

Full faith and credit clause

- A provision in the US Constitution (Article IV, Section 1) that requires states to recognize civil judgments and official documents rendered by the courts of other states - "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other state" - Ensures that official governmental actions of one state are accepted by other states

Supremacy clause

- A provision of the US Constitution that say federeal law prevails in conflicts between the powers of the states and the natl govt - Article VI states that the US Constitution and the laws made in pursuance "shall be the supreme Law of the Land" - Suggests that when a conflict develops between the powers of the states and the natl govt, the federal law prevails

Confederation

- A system in which each member government is considered sovereign, and the natl govt is limited to powers delegated to it by its member governments - Used by the US prior to adoption of the Constitution in 1789 and was used by the South during the Civil War - Inherent weaknesses, such as the ability of member govts to nullify the acts of the natl govt and withdraw from the relationship - Citizenship in and loyalty to the component govts take precedence over citizenship in and loyalty to the central govt

Unitary system

- A system in which ultimate power is vested in a central or national government and local governments have only those powers granted to them by the central government. This principle describes the relationship between the state and local governments in TX - Serve "only to implement policies established by the natl govt" - In the US, the unitary principle has been used only to define relationships between state and local governments - The basis for the relationship between state and local governments under the Texas Constitution and state laws

Federalism

- A system that balances the power and sovereignty of state govts with those of the natl govt. Both states and the natl govt derive their authority directly from the people, and the states have considerable autonomy within their areas of responsibility - The middle ground between a confederal system and a unitary system of govt - Our system of federalism allows for diversity in governing and stability with an increasingly diverse and geographically dispersed population

Implied powers

- Although not specifically defined by the US Constitution, these are powers assumed by the natl govt as necessary in carrying out its responsibilities - Paragraph 18 of Section 8 - Provided that Congress shall have the power "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers" - Has been used to justify the subsequent expansion of the federal government's powers

The "picket-fence" theory of federalism

- Builds on Grodzin's notions of shared powers and responsibilities but focuses on specific policy arenas that cut across each level f government - Suggests that we look at a specific policy arena, identify the primary participants at each level of government, and map out their patterns of interaction - Suggests complex institutional and political relationships that cut across all levels of govt

City of Boerne, Texas v. Flores (1997)

- Court ruled that the Religious Freedom Restoration Act of 1993 was unconstitutional because it was too broad in it protection of religious freedom - Held that provisions of the act infringed on state powers and also threatened "the authority of the court to determine the constitutionality of federal and state laws"

1996 federal Defense of Marriage Act

- Denied federal recognition of same-sex marriages or civil unions - Enabled states to refuse to recognize marriages or civil unions of same-sex couples performed in other states

Maquiladora program

- Economic program initiated by MX to increase manufacturing and the assembly of goods - An initiative under MX's 1964 Border Industrialization Program to boost employment, foreign exchange, and industrial development; also designed to transfer tech to MX, help train workers, and develop managerial skills among Mexican natls

Republican Opposition

- Presidents Nixon, Reagan, and H.W. Bush - Defined their views of federal-state relationships with the term new federalism - General objective has been to return responsibilities for many domestic policies to state and local govts - This effort has included attempts to reduce federal spending for many domestic programs and reduce the federal budget, a policy widely supported by Republican constituents - Nixon wanted to reduce the role of the federal govt and largely decentralize federal programs - Many believe that Nixon actually left behind "a more centralized federal system than the one he inherited" - Reagan expressed a commitment to reducing federal programs and revitalizing the powers of state and local govts; he also attempted to consolidate additional grant programs during subsequent congressional sessions - Reagan opposed revenue sharing - Little was done during Reagan and H.W. Bush's administrations to reduce federal power and return more authority to the states

Obergefell v. Hodges

- June 26, 2015 - Supreme Court ruled that marriage was a fundamental right of citizenship and was to be guaranteed to same-sex couples by the due process and equal protection clauses of the 14th Amendment - Required all states to issue marriage licenses to same-sex couples to recognize marriages performed in other jurisdictions - Prior to the ruling, 36 states, as well as D.C., Guam, and several NA tribunal jurisdictions, had legalized same-sex marriages

Matching funds

- Money that states or local govts have to provide to qualify for certain federal grants - One reason for requiring such matches is to encourage state and local govts to have a strong commitment to the funded program and its policy objectives

Dual federalism

- Nineteenth-century concept of federalism in which the powers or functions of the natl and state govts were sharply differentiated with limited overlapping responsibilities - Each level of govt had virtual or exclusive authority in select areas of domestic policy

Cooperative federalism

- Policies emphasizing cooperative efforts among the federal, state, and local govts to address common problems and provide public services to citizens - Those supporting the development of cooperative federalism rejected the notion of dual federalism - Ensures that all three levels of govt share the responsibility for domestic programs "by making the larger govts primarily responsible for raising revenues and setting standards and the smaller ones primarily responsible for administering the programs"

Concurrent powers

- Powers shared by both the natl and state govts - Both have the power to raise taxes, develop and implement public policies, spend money, borrow money, and establish their own court systems

Delegated (enumerated) powers

- Powers specifically assigned to the national, or federal, government by the US Constitution, including powers to tax, borrow, and coin money, declare war, and regulate interstate and foreign commerce - Outlined primarily in Article I, Section 8, of the US Constitution

Denied powers (prohibitions)

- Powers that are denied to both the states and natl govt. The best-known restrictions are listed in the Bill of Rights - Federal courts have gradually incorporated the BoR into the 14th Amendment, which was intended to restrict the powers of the state govts - Has been described as the nationalization of the BoR

Constitutional guarantees to Texas

- Republican form of government - Protection against invasion and domestic violence - The power to maintain a militia - If a person is accused of a federal crime in Texas, the trial is to be held in a federal court in TX - TX cannot be divided into another state w/o its permission and is assured two members in the US Senate and membership in the US House of Representatives based on its pop. in relation to the other states

Garcia v. San Antonio Metropolitan Transit Authority

- Supreme Court held that states could not claim immunity from federal regulation over functions that have been defined as "integral" or "traditional" - Suggested that Congress would define federalism, not the courts interpreting the Constitution - Also suggested that there are no "discrete limitations on the objects of federal authority" other than those provisions of the Constitution that give the states a role in the selection of the president and members of Congress

United States v. Comstock

- The Roberts Court upheld the authority of federal judges to issue civil commitment orders for sex offenders after they had completed their criminal sentences on a broad interpretation of the necessary and proper clause of the US Constitution

Privileges and immunities

- The right of a resident of one state to be protected by the laws and afforded the legal opportunities in any other state he/she visits. Certain exceptions, however, have been allowed by the courts, including the right of states to charge nonresidents higher college tuition or higher hunting and fishing license fees - A person can acquire property in another state, establish residency and eventually citizenship, and be assured of access to the legal system of that state

Structuring Regional and National Interests

- There are more than 90k governmental units in the US, with approx. 500k persons serving on their governing bodies - The total number of governments in TX increased by more than 1.4k between 1967 and 2012, and most of them were special districts - Regional differences in religion, economics, and political cultures also encouraged decentralization and the development of local governments

North American Free Trade Agreement (NAFTA)

- Treaty signed in 1993 to lower trade barriers among the US, MX, and Canada and to create a common economic market. It is widely referred to as NAFTA - To reduce tariffs and increase trade among the three countries - In America, there are concerns that the low labor costs in MX are moving jobs from the US, and that labor and capital costs in MX threaten American markets - In MX, there is concern that American corporations will dominate and reduce MX's control over its own economy b/c approx. 80% of MX's exports are going to the US - Human Rights advocates have expressed concerns about working conditions, workers' benefits, and the broader social impact of the plants on the lives of hundreds of thousands of MX citizens, especially women - Environmentalists on both sides argue that increased manufacturing and commerce worsen the air, water, and waste pollution problems in the area - Both countries have environmental laws, but allegations have surfaced US manufacturers have shipped their dirty plants to MX, which is less inclined or able to crack down on polluters

Federal funds accounted for approximately what percentage of the state budget in 2012-2013?

30

Mandates

A federal law or regulation that requires state or local govts to take certain actions, often at costs that the federal govt does not reimburse. The state govt also imposes mandates on local govts

Preemption

A federal law that limits the authority or powers of state and local govts

New federalism

A term used to describe recent changes in federal-state relationships. Used primarily by conservative presidents, it suggests a devolution or return of power to the states and a decreased role of the federal govt in domestic policy

Which is an example of horizontal federalism?

An agreement between three states related to use of a shared river

What did President Richard Nixon emphasize in his attempt to decentralize federal programs?

Block grants

In which era of federalism were categorical grants-in-aid the primary vehicle used to provide federal funds for public programs?

Cooperative

Which is a major concern for Mexico under the North American Free Trade Agreement?

Domination of American corporations over the Mexican economy

Immigration and Nationality Act of 1965

Eliminated national quotas but set limits on the number of immigrants from different regions of the world

In which system of government do both states and the national government derive their authority directly from the people, with the states having considerable latitude and autonomy within their areas of defined power and responsibility?

Federal system

Easley v. Cromartie

Held that race is not an unconstitutional consideration in redistricting as long as it is not the "dominant and controlling" factor

Since over 30% of the state's budget comes from the federal government, what impact would a significant national economic depression have on the state's finances?

If there were to be a significant economic depression (which would be accompanied by high national unemployment), the federal govt would have less revenue to share with the states, likely causing shortages in state and local budgets. These shortages would come at a difficult time, as more and more residents would need social services to help them deal with unemployment

Immigration Reform and Control Act of 1986

Imposed fines on employers who hired undocumented immigrants and provided jail sentences for flagrant violators. Potential employees had to provide documentation and employers had to verify their employees' citizenship

Naturalization Act of 1790

Limited naturalization to "free white persons" of "good moral character" and established residency requirements for citizenship

Which is an example of "big government conservatism," in which a Republican president exercises the authority of the federal government in order to achieve a social and economic agenda?

No Child Left Behind Act

The primary purpose of which of the following is to seek additional federal money or programs for the state of Texas?

Office of State-Federal Relations

Reserved powers clause

Powers given to state govts by the 10th Amendment. These are powers not delegated to the natl govt nor otherwise prohibited to the states by the Constitution

Devolution

Return of powers assumed by the federal government to the states

Why did cooperative federalism replace dual federalism in the US?

States were unable to provide basic services or to meet the needs of their citizens during the Great Depression

Which constitutional clause suggests that federal law prevails over the powers of the state when there is a conflict?

Supremacy

Bond v. United States

The Court did not clearly resolve the sovereignty issue. Their narrow decision suggests that natl treaties may not cover local crimes; but the issue was not clearly resolved

United States v. Lopez

The Court ruled that "the Congree had overreached its constitutional power to regulate interstate commerce which it passed the Gun-Free School Zones Act of 1990"

Sossamon v. Texas

The Court ruled that TX, even though it accepted federal funds, did not waive its right to sovereign immunity from private suits for monetary damages

Bush v. Vera

The Court struck down a TX political redistricting plan, suggesting that it was less likely to support redistricting that was designed primarily to benefit minority groups

Printz v. United States

The Court struck down provisions of the Brady Handgun Violence Prevention Act, which required background checks on gun purchasers

Seminole Tribe v. Florida

The Supreme Court concluded that Congress had virtually all "authority to legislate in the area of Indian affairs and states had none"

Transnational regionalism

The expanding economic and social interdependence of South Texas and Mexico

The Chinese Exclusion Act (1882)

The first major law restricting immigration into the US; limited Chinese immigration and denied this pop. naturalization rights

Vertical federalism

The relationship b/w the states and the natl govt

Horizontal federalism

The relationship of states to one another

How did NAFTA affect trade between the United States and Mexico?

Trade increased considerably

Which term encompasses the shared problems and common interests between neighboring countries?

Transnational regionalism

Trump and U.S.-Mexico relations

Trump campaigned on pledges to build a wall along the Mexican border and take other steps to clamp down on illegal immigration, and remove the US from NAFTA. After taking office in Jan. 2017, he encountered congressional opposition and court orders that initially thwarted his objectives

Which principle is the basis for the relationship between the Texas state government and Texas's local governments?

Unitary

Which Supreme Court decisions restricted federal authority and enhanced state authority?

United States v. Lopez