Texas in the Federal System: Federalism, Court Cases, and Policy Tools

Federalism

The division of power between state and national governments.

Unitary System

A system in which power is concentrated in a central authority, and local or regional governments exercise only those powers granted by the center.

Examples of Unitary System

England, France, Japan.

Confederal System

A loose alliance of sovereign states that delegate limited powers to a weak central authority, usually for defense or trade.

Examples of Confederal System

U.S. under the Articles of Confederation (1781-1789), Confederate States of America, modern European Union.

Federal System

A constitutional arrangement dividing power between national and state governments, with each sovereign in certain areas.

Examples of Federal System

United States, Canada, Germany, India, Mexico.

Enumerated Powers

Powers explicitly granted to the national government in Article I, Section 8.

Examples of Enumerated Powers

Regulate interstate commerce, declare war, coin money, immigration and naturalization.

Implied Powers

Powers derived from the Necessary and Proper Clause that allow Congress to act beyond the text of the Constitution.

Key Case: McCulloch v. Maryland

Confirmed implied powers and federal supremacy.

Key Case: Gibbons v. Ogden

Expanded federal authority by interpreting the Commerce Clause broadly.

Reserved Powers

Powers that belong to the states under the 10th Amendment.

Examples of Reserved Powers

Elections, education, marriage, intrastate commerce.

Police Powers

Powers that let states regulate health, safety, morals, and welfare.

Concurrent Powers

Powers shared by both state and national governments.

Examples of Concurrent Powers

Taxation, courts, law enforcement.

Privacy Rights

Rights not explicitly in the Constitution but recognized by combining the 4th and 9th Amendments.

Key Case: Griswold v. Connecticut

Established a constitutional right to privacy in marital contraception.

14th Amendment

Ratified in 1868, it fundamentally altered the federal-state relationship by making states accountable for protecting rights.

Citizenship Clause

Guarantees birthright citizenship.

Key Case: U.S. v. Wong Kim Ark

Confirmed children born in the U.S. to non-citizen parents are citizens.

Due Process Clause

Prevents states from depriving people of life, liberty, or property without due process.

Equal Protection Clause

Requires equal treatment under the law.

Key Cases related to Equal Protection

Brown v. Board (1954), Loving v. Virginia (1967), Obergefell v. Hodges (2015).

Dual Federalism

An era marked by a strict separation of state and national responsibilities, often called 'layer-cake federalism.'

Congress

The strongest branch of government, while the presidency was relatively weak except in times of war.

Whiskey Rebellion

A flashpoint that tested the government system.

Nullification Crisis

A flashpoint that tested the government system.

Civil War

A flashpoint that tested the government system.

Texas v. White (1869)

The Supreme Court ruled that states could not secede from the Union, cementing the idea of a perpetual union.

Cooperative Federalism

A system where national, state, and local responsibilities blended, also known as 'marble-cake federalism.'

Great Depression

Exposed the inability of states to respond alone to widespread economic crisis.

New Deal

Ushered in cooperative federalism under President Franklin D. Roosevelt.

Relief

Immediate aid to those suffering, exemplified by programs like the Civilian Conservation Corps and Works Progress Administration.

Recovery

Short-term stabilization, exemplified by the National Recovery Administration and Tennessee Valley Authority.

Reform

Long-term protections, exemplified by the Securities and Exchange Commission, Social Security, and National Labor Relations Board.

Great Society

Expanded federal authority further into civil rights, health care, housing, and education under President Lyndon Johnson.

Civil Rights Act (1964)

A landmark law that aimed to end discrimination.

Voting Rights Act (1965)

A landmark law that aimed to protect voting rights.

Title IX (1972)

A landmark law that prohibits gender discrimination in education.

Affirmative Action

Addressed inequities in hiring and education for women and communities of color.

Categorical Grants

Tightly regulated state spending, including formula grants like Medicaid and competitive grants like Head Start.

Block Grants

Gave states more flexibility, exemplified by Community Development Block Grants.

Mandates

Required states to comply with federal rules, including both funded and unfunded mandates.

Americans with Disabilities Act (1990)

A major unfunded mandate.

South Dakota v. Dole (1987)

Required all states to set the drinking age at 21 as a condition for federal funding.

New Federalism

A reaction to expansive federal authority, seeking to return power to the states.

Reaganomics

An economic philosophy emphasizing cutting taxes, deregulation, and reducing social spending to stimulate investment and growth.

Devolution

Shifting responsibilities to states, such as welfare waivers.

Deregulation

Scaling back oversight in various sectors, including banking and media.

Privatization

Outsourcing services, with mixed results in areas like highways and federal prisons.

No Child Left Behind Act (2001)

An unfunded mandate requiring standardized testing.

Welfare Reform Act (1996)

Replaced AFDC with TANF block grants, giving states more flexibility.

Necessary and Proper Clause

Constitutional clause that grants Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.

Supremacy Clause

Constitutional provision stating that federal law takes precedence over state law.

Commerce Clause

Constitutional provision granting Congress the power to regulate commerce with foreign nations, and among the states.

10th Amendment

Amendment that reserves powers not delegated to the federal government to the states or the people.

Selective Incorporation

The process by which certain rights in the Bill of Rights are applied to the states through the 14th Amendment.

Right to Privacy

The right to a private personal life free from the intrusion of government.

Birthright Citizenship

The right to citizenship for all persons born in the territory of the United States.

Marble-Cake Federalism

A metaphor for cooperative federalism where the responsibilities of the state and federal governments are intertwined.

Picket-Fence Federalism

A model of federalism where specific policies are implemented by all levels of government.

Fiscal Federalism

The financial relations between units of government in a federal system.

Formula Grants

Federal funds distributed according to a formula specified by legislation.

Competitive Grants

Federal funds awarded based on a competitive application process.

Unfunded Mandates

Mandates that require state or local governments to perform certain actions without federal funding.

Reinventing Government

A movement aimed at improving government efficiency and effectiveness.

NFIB v. Sebelius (2012)

Supreme Court case that upheld the Affordable Care Act and made Medicaid expansion optional for states.

Shelby County v. Holder (2013)

Supreme Court case that struck down the preclearance requirement of the Voting Rights Act.

Dobbs v. Jackson (2022)

Supreme Court case that overturned Roe v. Wade, removing federal protections for abortion rights.

Students for Fair Admissions (2023)

A case concerning affirmative action in college admissions.

McCulloch v. Maryland (1819)

Supreme Court case that confirmed implied powers and federal supremacy.

Gibbons v. Ogden (1824)

Supreme Court case that expanded federal authority under the Commerce Clause.

Dred Scott v. Sandford (1857)

Supreme Court case that denied citizenship to African Americans.

Plessy v. Ferguson (1896)

Supreme Court case that upheld segregation under 'separate but equal.'

Sweatt v. Painter (1950)

Supreme Court case that struck down segregation in Texas law schools.

Brown v. Board of Education (1954)

Supreme Court case that overturned Plessy, ending school segregation.

Griswold v. Connecticut (1965)

Supreme Court case that established privacy rights in contraception.

Roe v. Wade (1973)

Supreme Court case that legalized abortion under privacy rights.

Bowers v. Hardwick (1986)

Supreme Court case that upheld sodomy bans (later overturned).

Lawrence v. Texas (2003)

Supreme Court case that struck down sodomy bans, expanding privacy rights.

United States v. Lopez (1995)

Supreme Court case that limited Congress's commerce power.

Defense of Marriage Act (1996)

Federal law that defined marriage federally (later struck down).

United States v. Windsor (2013)

Supreme Court case that struck down DOMA's federal marriage definition.

Obergefell v. Hodges (2015)

Supreme Court case that legalized same-sex marriage nationwide.

Citizens United v. FEC (2010)

Supreme Court case that allowed unlimited political spending by corporations/unions.

NFIB v. Sebelius

A Supreme Court case that upheld the constitutionality of the Affordable Care Act's individual mandate.

United States v. Lopez

A Supreme Court case that limited Congress's use of the Commerce Clause by striking down a federal gun-free school zone law.

Americans with Disabilities Act (ADA)

A civil rights law that prohibits discrimination based on disability.

Social Security Act

A program established as part of FDR's New Deal to provide financial assistance to the elderly and disabled.

Reagan's "three-legged stool" of new federalism

A framework that includes deregulation, devolution, and privatization.

Dobbs v. Jackson Women's Health

A Supreme Court case that overturned Roe v. Wade and returned abortion policy to the states.

Brown v. Board of Education

A landmark Supreme Court case that declared racial segregation in public schools unconstitutional.

Lyndon Johnson

The president most associated with the Great Society and the War on Poverty.

Race to the bottom

A concept in federalism where states compete by reducing funding and protections in programs to attract business.

Enumerated power

Powers specifically listed in the Constitution for the national government.

McCulloch v. Maryland

It confirmed implied powers and federal supremacy.

Gibbons v. Ogden

Expanded federal authority under the Commerce Clause.

Unfunded mandate

Federal requirements states must meet without provided funding.