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Chapter 2
Texas in the Federal System
LEARNING OBJECTIVES
LO 2.1
LO 2.2
LO 2.3
LO 2.4
Differentiate among unitary, confederal, and federal
systems of government.
Distinguish among the types of powers in our federal
system, and explain dual and cooperative federalism
within the context of the evolution of federalism in the
United States.
Analyze Texas’s relationship with the federal
government and the prominent role the state has
played in the national debate over coercive federalism.
Apply what you have learned about Texas in the
federal system.
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2
WHAT IS FEDERALISM?
• Unitary Systems
• One central government has ultimate
authority
• Regional or local governments are
subordinate to central government
• May be democratic like Japan or Denmark
• May be undemocratic like China or Saudi Arabia
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3
WHAT IS FEDERALISM?
• Confederal Systems
• Member states or regional governments
have all authority
• Central institutions subordinate to state or
regional governments
• An unstable form of government
• No real examples of a confederal system exist in
the modern world
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4
WHAT IS FEDERALISM?
• Federal Systems
• Governmental power divided and shared
between a national or central government and
state or regional governments
• Helps create balance between local and
national concerns
• May be democratic like U.S., Germany and Mexico
• May be undemocratic like Pakistan
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5
THE U.S. CONSTITUTION
AND FEDERALISM
• Types of Powers in Our Federal
System
• Delegated powers
• Powers that the constitution gives the
national government
• Expressed, implied, and inherent
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6
THE U.S. CONSTITUTION
AND FEDERALISM
• Types of Powers in Our Federal
System (cont.)
• Reserved Powers
• Powers reserved to the states
• Legitimacy of powers comes from the Tenth
Amendment
• Concurrent Powers
• Shared by national and state governments
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7
EXAMPLES OF MAJOR STATE
AND FEDERAL POWERS
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8
THE U.S. CONSTITUTION
AND FEDERALISM
• Types of Powers in Our Federal System
(cont.)
• Supremacy Clause
• Federal law must be followed if conflict between state
and national governments
• Tenth Amendment
• States have any power not delegated by Constitution
• Limits federal government
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9
THE U.S. CONSTITUTION
AND FEDERALISM
• Article I, Section 8
• Commerce clause
• Gives Congress the power to regulate
commerce
• Necessary and proper clause
• Gives Congress implied powers
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10
THE U.S. CONSTITUTION
AND FEDERALISM
• McCulloch v. Maryland and the
Necessary and Proper Clause
• Expanded power of the U.S. Congress
• Gave Congress authority to create a
national bank
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11
THE U.S. CONSTITUTION
AND 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.
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12
THE U.S. CONSTITUTION
AND FEDERALISM
• The Development of Cooperative
Federalism
• Replaced the idea of dual federalism
• National and State government are mutually
complementary parts of a single government
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13
THE U.S. CONSTITUTION
AND FEDERALISM
• The Development of Cooperative
Federalism cont’d
• Grant-in-aid Programs
• Categorical grants
• Block grants
• Devolution
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14
THE U.S. CONSTITUTION
AND FEDERALISM
• Civil Rights Versus States’ Rights
• Civil rights an issue in the southern states
• Separate-but-equal doctrine (Plessy v. Ferguson)
• Jim Crow laws
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15
THE U.S. CONSTITUTION
AND FEDERALISM
• Civil Rights Versus States’ Rights
cont’d
• Sweatt v. Painter
• Brown v. Board of Education
• Voting Rights Act
• Pre-clearance
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16
TEXAS AND
THE FEDERAL SYSTEM
• Coercive Federalism and Texas
• Coercive federalism: national government
directs states on policies it must take
• Governor Rick Perry and Affordable Care
Act, environmental policy regulations
Why would conservative Texans object so strongly to
federal policies?
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17
Coercive Federalism?
Former Governor Rick
Perry meets President
Barack Obama at an
airport in August 2010 to
present him with a list of
grievances against the
federal government.
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18
TEXAS AND
THE FEDERAL SYSTEM
• 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
Is growing reliance on grant revenue positive or negative?
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19
TEXAS REVENUE BY SOURCE
FOR 2014–15 BIENNIUM
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20
PERCENTAGE OF TEXAS REVENUE COMING FROM
FEDERAL GOVERNMENT(1978–2013)
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21
TEXAS AND
THE FEDERAL SYSTEM
• 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
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22
TEXAS AND
THE FEDERAL SYSTEM
• The Affordable Care Act: A
Challenging Case in Federalism
• Requires individuals to purchase health
insurance, requires states to expand
Medicaid coverage
• Opposed by Texas Attorney General
• Regulating commerce or infringing on
state’s rights?
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23
TEXAS AND
THE FEDERAL SYSTEM
• The Affordable Care Act: A Challenging
Case in Federalism (cont.)
• Texas has opted out of Medicaid expansion
• Coverage gap results
• Texas accounts for 32% of unfunded
potential Medicaid beneficiaries
Who pays for the uninsured who seek emergency health
care in Texas?
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24
THE STATUS OF STATE MEDICAID
EXPANSION UNDER THE ACA IN 2014
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25
TEXAS AND
THE FEDERAL SYSTEM
• Texas and the U.S. Abortion Debate:
From Roe to Wendy Davis
• Roe v. Wade (1973) based on constitutional
right to privacy
• 2013 abortion restriction legislation (HB 2)
• State Senator Wendy Davis’ filibuster
• But, passed by special legislative session
• Goal: health care or restrictions?
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26
TEXAS AND
THE FEDERAL SYSTEM
• States as Laboratories: Marijuana
Legalization
• Medical marijuana sales legalized in some
states (not Texas)
• Will impact economic, legal and social
consequences of marijuana legalization in
other states
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27
TEXAS AND
THE FEDERAL SYSTEM
• 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
Would Texas benefit from legalized gambling?
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28
CASINOS PROXIMATE TO THE TEXAS BORDER
IN NEIGHBORING STATES: 2012
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29
IMMIGRANT DEATH TOLL
Click picture to view video
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30
VIDEO DISCUSSION QUESTIONS
1. Has Texas served as a national model
for other states in dealing with illegal
immigrants? Why or why not?
2. Is national immigration policy an
example of coercive federalism?
3. How much autonomy should Texas
have in dealing with this problem?
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