Texas and Federalism Dr. Michael Sullivan Texas State Government GOVT 2306
Where We Are At?
1. Current Events 2. Review: Texas State Constitution 3. What is Federalism 4. Case Study: Texas City Sanctuary Law
2018 Election Update SMALL GROUPS Pick one issue, and find out what they stand for? https://www.lupevaldez.com/issues https://www.gregabbott.com/issues/
Review Texas Constitution (Constitution of 1876) 16 Working Articles: o Art. 1: Bill of Rights o Arts. 2 5: Powers of Government and Branches o Art. 6: Suffrage o Art. 7: Education o Art. 8: Taxation & Revenue o Art. 9: Counties o Art. 10: Railroads o Art. 11: Municipal Corporations o Art. 12: Private Corporations o Art. 13: Repealed o Art. 14: Public Land & Office o Art. 15: Impeachment o Art. 16: General Provisions o Art. 17: Amending Statutory Constitution: o Long and detailed o 440+ amendments since 1876 Principles: o Bicameralism o Democratic Government o Separation of Powers o Checks & Balances o Limited Government Problems: o Weak powers for governor o Limited legislature o Most offices, including all of judiciary, are elected o Overly specific provisions for local government o A 19 th Century Constitution that allows for adequate governance in the 21st Century Amending: o 2/3 margin in both chambers of state legislature to propose (21 State Senators & 100 State Representatives) o Simple majority of voters approve in order to ratify 5
What is Federalism? 3 Systems of Government
Types of Power in Our Federal System Powers Given to Delegated Reserved Concurrent National Government States Shared by State & Federal Source US Constitution Article 1 Section 8 10 th Amendment Powers Expressed written Listed in Article 1, Section 8 Implied assumed Necessary & Proper Clause Inherent evolved over time Granted by Necessary & Proper Clause Supremacy Clause US Constitution, Federal Laws and treaties supersede state and local laws (14 th Amendment) McCulloch v. Maryland and the Necessary and Proper Clause Expanded power of the U.S. Congress Gave Congress authority to create a national bank 8
Discussion Review Notes from Class Discussion Yesterday Produced March 2017 Supply Escape gang violence: Unemployment (no jobs): Corrupt/Inefficient Governments; family split up Texas Government support Texas business investment in Latin America to help create jobs Border Control 9 Demand More security from violence; Drug use; Education; Livelihood; Low wage jobs nobody wants; Family Reduce drug demand (legalization; war on drugs) Enforce employment laws
https://www.polleverywhere.com/my/polls
https://www.texastribune.org/2018/02/22/uttt poll few texans think current legal immigration levels are approp/
https://www.polleverywhere.com/my/polls
https://www.texastribune.org/2017/10/23/uttt poll hard line immigration not deporting dreamers/
CASE STUDY ON FEDERALISM Supremacy Clause vs. 10 th Amendment How should the Federal Government handle border immigration and security along US Mexican border in Texas? How should the State of Texas handle border immigration and security along US Mexican border in Texas? 15
Texas State & US Government Actions to Address Border Immigration Issues since March 2017 Senate Bill 4 Outlaw Sanctuary Cities (cities that don t enforce immigration laws) punishes local government department heads and elected officials who don t cooperate with federal immigration "detainers" requests by agents to turn over immigrants subject to possible deportation in the form of jail time and penalties that exceed $25,000. mandates that local entities exchange immigration information they obtain with federal officials. allows local officers to question the immigration status of anyone they detain. https://legiscan.com/tx/text/sb4/id/1608435
https://www.youtube.com/watch?v=pmnawum8dbi https://www.facebook.com/texasgovernor/videos/10155316084703256/ Gov. Abbot Signs SB 4 into Law May 7, 2017
Texas State & US Government Actions to Address Border Immigration Issues since March 2017 Court Battles in US Federal Courts Cities challenged SB 4 in Federal District Courts, which halted the law State of Texas appealed lower court decision to the 3 judge panel on the US 5 th Circuit Court of Appeals, allowing the law to go into effect San Antonio Federal District court issue injunction to halt provision of fines or jail times for elected officials who prohibited enforcing immigration laws Expect further Federal Court Challenges up to the US Supreme Court http://spectrumlocalnews.com/tx/austin/news/2018/01/12/law to punish those not enforcing federal immigration halted after passing
Texas State & US Government Actions to Address Border Immigration Issues since March 2017 State of Texas 2015 Texas Legislature approved an initial $800 million boost in bordersecurity spending 2017 Texas lawmakers doled out the same amount in 2017 Other Actions US Federal Government Trump Administration 2017 Pledge to end DACA (Deferred Action for Children Arrivals) 2017 Border Wall 2018 Immigration law reform https://www.justice.gov/opa/pr/justice department demands documents and threatenssubpoena 23 jurisdictions part 8 usc 1373
https://www.c span.org/video/?440460 101/brian bennett immigration reform
Texas State & US Government Actions to Address Border Immigration Issues since March 2017 Trump Administration https://www.justice.gov/opa/pr/justice department demands documents and threatenssubpoena 23 jurisdictions part 8 usc 1373 https://www.youtube.com/watch?v=ptbst4i9qnw
In Class Activity Discuss the border crisis of separating illegal immigrant families at the Texas Mexican border: 1. How does American Federalism help us understand this issue? 2. How does Political Culture help us understand the Texas Government policy on this issue?
THE U.S. CONSTITUTION & FEDERALISM The Early View: Dual Federalism and the Tenth Amendment 1. The national government is one of enumerated powers only. 2. Purposes which national government may constitutionally promote are few. 3. Federal and state government are sovereign within their spheres of influence. 4. The relation of the two centers is one of tension rather than collaboration. 23
THE U.S. CONSTITUTION & FEDERALISM Cooperative Federalism Replaced the idea of dual federalism National and State government are mutually complementary parts of a single government Categorical grants: Federal aid to state or local governments for specific purposes, granted under restrictive conditions and often requiring matching funds from the receiving government. Block grants: Federal grants to state or local governments for more general purposes and with fewer restrictions than categorical grants. Devolution: The attempt to enhance the power of state or local governments, especially by replacing relatively restrictive categorical grants in aid with more flexible block grants. 24
Civil Rights Versus States Rights Jim Crow Laws (States) Separate But Equal (Federal) Brown v Board of Education (1954) 25
Civil Rights Versus States Rights Voting Rights Act (VRA) of 1965 Pre Clearance VRA Section 5 Required certain States to get approval from the US Dept of Justice for any electoral changes to protect minority voting rights Initial States Alabama, Georgia, Lousiana, Mississippi, South Carolina, Virginia Added in 1975 Alaska, Arizona, Texas (added Asian Americans, Latinos, Native Americans Extensions 1970, 1975, 1982, and 2006 26 2013 Shelby vs Holder: Supreme Court agreed with Alabama & Texas that formula to determine States needing pre clearance was out of date
Texas and The Federal System Coercive Federalism: National government directs states on policies it must take 10 th Amendment & State s Rights Education No Child Left Behind Health Care Affordable Care Act Environmental policy regulations Voter ID laws Copyright 2016 Cengage Learning. All rights reserved. Why would conservative Texans object so strongly to federal policies? 27
Is growing reliance on grant revenue positive or negative? Federal Grants in Aid in Texas Federal grants are second largest source of revenue for Texas Grant revenue growing: Texas has expanding population Large low income population Rise in number of seniors Copyright 2016 Cengage Learning. All rights reserved. 28
Percentage of Texas revenue coming from Federal Government(1978 2013) Copyright 2016 Cengage Learning. All rights reserved. 29
The Affordable Care Act (Obamacare): A Challenging Case in Federalism Requires individuals to purchase health insurance, requires states to expand Medicaid coverage Opposed by Texas Attorney General (Gregg Abbott) Regulating commerce or infringing on state s rights? Texas Lost June of 2012 U.S. Supreme Court, led by Chief Justice John Roberts, rejected the federal government s claim that the commerce clause allowed congress to create the individual mandate. But, Roberts argued, the penalty, which the law required be paid to the Internal Revenue Service (IRS), is in actuality a tax, which congress has the power to levy. As a result, the most controversial aspect of the law the individual mandate was deemed constitutional. Reaction: http://www.chron.com/news/politics/texas/article/reactions to ACA ruling Texas Republicans 6348868.php Copyright 2016 Cengage Learning. All rights reserved. 31
The Affordable Care Act: Texas opted out of Medicaid expansion Unfunded mandidate for 2020 (States pick up tab) Texas accounts for 32% of unfunded potential Medicaid beneficiaries Unfunded Mandates Obligations imposed on states by the federal government with little or no funding to help support the program Mandates imposed by the state of Texas on lower levels of government Hazelwood Legacy Act Source: http://kff.org/health reform/state indicator/stateactivity around expanding medicaid under theaffordable care act/ Copyright 2016 Cengage Learning. All rights reserved. Who pays for the uninsured who seek emergency health care in Texas? 32
Abortion: Federal & State Debates Roe v. Wade (1973) 2013 Legislative vote on bill to restrict abortion (HB 2) State Senator Wendy Davis filibuster 12 hrs But, passed by special legislative session Goal: health care or restrictions? Supreme Court Ruled that Texas Law making abortion Illegal was unconstitutional HB 2 Passed Justices believed it violated woman s right to privacy 33 Davis lost to Abbott
Casino Gambling Would Texas benefit from legalized gambling? Federalism and Casino Gambling States sharing borders have different laws regarding gambling Texas maintains ban on casino gambling Moral opposition; concerns about social problems Needs constitutional amendment to pass Copyright 2016 Cengage Learning. All rights reserved. 34
What s Next Unit 1 Exam on T July 17