govt2306 homework

¨ CHAPTER TWO OUTLINE I. The American Federal Structure

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. It came about as a compromise between unitary and confederal systems.

A. Distribution of Powers The powers that belong to the states are not equal to those powers residing in the national government. The Constitution also contains a national supremacy clause that further limits the states’ powers.

1. Constitutional Powers of the National Government. The powers that rest with the national government are stated in or implied by the Constitution. Delegated powers are outlined in Article I, Section 8, including: regulating interstate and foreign commerce, borrowing and coining money, declaring war, and levying and collecting taxes, to name a few. The implied powers are found here as well.

2. Constitutional Guarantees to the States. Constitutional guarantees have been granted to the states by the U.S. Constitution including guaranteed representation in the U.S. Congress, participation in the electoral college, a role in the amendment process, and a guarantee of protection by the U.S. Government.

3. Constitutional Limitations on the States. In Article I, Section 10, the Constitution limits states’ powers in many areas. States may not coin money, enter into treaties with foreign nations, or levy duties on imports to name a few.

« S t u d e n t s i n A c t i o n : Thelma White Case Forced College Integration

B. Interstate Relations and State Immunity Article IV of the Constitution pertains to relations among and between the states, and the Eleventh Amendment affects federal-state relations. Two important clauses are found in Article IV including the privileges and immunities clause and the full faith and credit clause. The privileges and immunities clause guarantees that persons from one state are entitled to the same privileges and immunities as citizens of the state they are visiting whereas the full faith and credit clause guarantees that official actions of one state, with the exception of criminal cases, must be recognized and honored by all other states. The Eleventh Amendment offer states limited sovereign immunity including protections 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.

C. State Powers

The reserved powers of the states are not defined, and these powers are in a constant state of flux. In recent years, the national government has returned more responsibilities to the states. Broad categories of state powers include police power, taxing power, proprietary power, and the power of eminent domain.

D. Federal-State Relations: An Evolving Process The relationship between the national and state governments has dramatically changed over the 200-plus-year history of our nation. Periods of time reflect an expansion or decline of the federal government while also reflecting Texas’s assertion of Tenth Amendment rights. Federal grants-in-aid have been used by the federal government to increase the national government’s influence on state policymaking. However, during the presidencies from Clinton to George W. Bush, Congress has increasingly abandoned categorical grants in favor of block grants. This resulted in a decline of national control over state governments referred to as devolution.

I I . T h e T e x a s C o n s t i t u t i o n : P o l i t i c s o f P o l i c y m a k i n g The seventh constitution of the state was ratified in 1876; it spells out in minute detail the powers and limitations of government. This detail has necessitated continued revision of the document. As a result, the Texas Constitution has become cumbersome and outdated. In fact, by the end of 2012, it had been amended by no fewer than 474 amendments and had grown to more than 87,000 words.

A. Historical Developments The constitutional development of Texas is closely tied to the historical development of the state.

1. The First Six Texas Constitutions. Texas had six constitutions between 1827 and 1875. The Coahuila y Tejas Constitution of 1827 was in force when Tejas was a state in Mexico. A new constitution was drafted in 1836 when Texas declared its independence from Mexico and became its own republic. In 1845 another constitution had to be drafted when Texas was annexed by the United States and became a state. Just 16 years later, Texas seceded and joined the Confederate States of American resulting in yet another constitution in 1861. After the confederates lost the war, Texas, and other confederate states were forced to draft new constitutions, which resulted in the 1866 Constitution being ratified. In 1869, the Radical Republicans in the U.S. Congress set aside the state’s government and Texas was forced to draft yet another constitution.

« How Do We Compare…in State Constitutions?

2. Drafting the Constitution of 1876. The spirit of economy in government plus zeal to undo the policies of the Davis administration permeated the convention, which was composed of a variety of groups but dominated by agrarian interests, namely the Texas Grange. Although it has been amended more than 474 times, this is the constitution that currently governs our

state. Readers will find that the authors of this constitution strove to limit government powers in a myriad of ways.

3. Distrust of Government and Its Legacy. The framers sought to limit policymaking by placing many restrictions in the state’s fundamental laws. The general consensus of the time held that a state government could exercise only those powers listed in the state constitution. Therefore, instead of being permitted to exercise powers not denied by the U.S. Constitution, Texas lawmakers are limited to powers spelled out in the state’s constitution.

B. Today: After More Than a Century of Usage The Texas Constitution of 1876 is fraught with problems including its excessive length. Moreover, its wording and use of legal terminology has made it difficult for citizens to understand. However, despite these problems, it has lasted for more than 150 years.

« How Do We Compare…in State Constitutional Amendments?

I I I . C o n s t i t u t i o n a l A m e n d m e n t s a n d R e v i s i o n Changes in the state constitution were proposed soon after its adoption. The constitutional amendment process is as follows: Amendments are proposed by a two-thirds vote of the total membership of each house and ratified by a majority of those voting in the election. Historically, voter turnout for constitutional amendment elections is very low, particularly in off-year elections.

A. Constitutional Revision While attempts to revise the Texas Constitution of 1876 began soon after its adoption, the most comprehensive movement to achieve wholesale constitutional revision was initiated by the legislature in 1971. The Constitutional Revision Commission appointed members drafted a constitution and submitted it to the legislature, which was sitting as a Constitutional Revision Convention. Battles over controversial issues and lack of positive leadership doomed the revision efforts in 1974. The final deathblow came with the failure to reach agreement on the issue of the right-to-work status. In 1975, voters overwhelmingly defeated the revision effort, which was first defeated at the convention.

B. More Revision Attempts Drafts of revisions to the constitution were prepared by then Sen. John Montford in 1995 and by Sen. Bill Ratcliff and Rep. Rob Junell in 1998. Neither received serious legislative consideration. In 2011, Representative Charles Anderson asked the leadership in the legislature to create a joint committee to examine a reorganization of the state constitution. His proposal was never brought up for a vote.

« Point/Counterpoint: Should the Texas Constitution Be Rewritten?

C. Piecemeal Revision Several portions of the rejected revision proposals have been added to the constitution through amendments. To modernize the Texas Constitution, one constitutional amendment adopted in 1999 authorized elimination of certain “duplicative, executed, obsolete, archaic and

ineffective provisions of the Texas Constitution.” Despite these piecemeal revisions, the Texas Constitution continues to be problematic.

I V . T h e T e x a s C o n s t i t u t i o n : A S u m m a r y A. The Bill of Rights

Basic rights are protected by both the national and state constitutions. The Texas Bill of Rights, with its thirty sections, contains some protections not found in the federal Bill of Rights including equal rights for women and the rights of crime victims. Unlike the national constitution, the Texas Constitution lists its Bill of Rights at the beginning of the document.

1. Constitutional Rights against Arbitrary Governmental Actions. Eleven of Article I’s sections provide protections for people and property against arbitrary governmental actions. Guarantees such as freedom of speech, press, religion, assembly, and petition are included.

2. Rights of Criminals and Victims. Thirteen sections of the Texas Constitution’s Bill of Rights relate to the rights of persons accused of crimes and to the rights of individuals who have been convicted of crimes. An additional set of rights added by constitutional amendment in 1989 guarantees the “rights of crime victims.”

3. Equal Rights for Women. The Texas Equal Legal Rights Amendment (ELRA) was added to Article 1, Section 3, of the Texas Constitution in 1972. It states: “Equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin.”

4. Additional Protections. Additional protections in the Texas Constitution include prohibitions against imprisonment for debt, outlawry (the process of putting a convicted person outside of the protection of the law), and transportation (punishing a convicted citizen by banishment from the state).

5. Philosophical Observations. Three sections of the Texas Bill of Rights contain philosophical observations that have no direct force of law. “Texas is a free and independent state, subject only to the Constitution of the United States.” They also asserted that all political power resides with the people and is legitimately exercised only on their behalf and that the people may at any time “alter, reform, or abolish their government.” Finally, Section 29 proclaims that “everything in this ‘Bill of Rights’ is excepted out of the general powers of government, and shall forever remain inviolate.”

B. The Powers of Government and Separation of Powers The framers accepted the doctrine of separation of powers. Article III sets up the Legislative Branch, Article IV sets up the Executive Branch, and Article V, sets up the Judicial Branch.

C. Suffrage The national government has diminished state power in this area, and Article VI, suffrage (the right to vote) of the Texas Constitution has been amended to conform to federal changes.

D. Local Governments The units of local government and their functions are established by the constitution. Local governments are extensions of state authority.

E. Other Articles The remaining articles are bogged down in minutiae and include such subjects as railroads and Spanish and Mexican land grants. The latter was removed from the constitution in 1969, though the article’s title remains.

V . C o n c l u s i o n The U.S. Constitution has guaranteed powers to the states but has also limited state power. Throughout history, the balance of power between the states and the federal government has been constantly evolving.