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Nullification
The idea that states can invalidate federal laws they deem unconstitutional (discredited after the Civil War)
Enumerated/Delegated Powers
Specific powers granted to the federal government by the Constitution (e.g. regulate commerce, declare war)
Implied Powers
Powers not explicitly stated but necessary to implement enumerated powers (derived from the "Necessary and Proper Clause")
10th Amendment
Reserves powers not delegated to the federal government to the states or the people
Marbury v. Madison (1803)
Established judicial review
McCulloch v. Maryland (1819)
Confirmed federal supremacy and upheld implied powers under the Necessary and Proper Clause
Federal Grants-in-Aid
Provide funding to states and localities for specific purposes
Mandates
Directives from the federal government requiring states to take certain actions
Preemption
Federal law overrides conflicting state laws
State Constitutions typically include
Bill of Rights, detailed policies, specific provisions
Constitutionalism
The belief in limiting government power by a constitution to protect citizens' rights
State Constitutions are long because
They include detailed policies, procedures, rights, and more amendments
Local Government Power is derived from
State governments
Amending State Constitutions usually requires
Legislative proposal and approval by voters in a referendum
Functions of Counties and Cities
Provide services like law enforcement, infrastructure, public health, zoning
Special Districts
Provide specific services like water, schools, transport
At-Large Elections
Representatives are elected by the entire jurisdiction
Single-Member District Elections
Representatives are elected by voters from a specific district
Moralistic Political Culture
Government promotes public good
Individualistic Political Culture
Government is a marketplace for individual interest (as needed)
Traditionalistic Political Culture
Government maintains social order and elite control
Texas Political Culture
Mix of individualistic and traditionalistic cultures
Philosophy of the Current Texas Constitution
Focuses on limited government and decentralization
Historical Development of the Texas Constitution
Influenced by its independence, statehood, Civil War, Reconstruction, and retrenchment
Political Climate of the 1875 Constitutional Convention
Marked by retrenchment and reform
Bill of Rights in Texas vs. U.S. Constitutions
The Texas Bill of Rights is longer and more detailed than the U.S. Bill of Rights
Texas Annexation Conditions (1845)
Texas retained control over public lands and had the option to divide into multiple states
Amending the Texas and U.S. Constitutions
Texas requires legislative approval and a public vote
Evolution of Federalism
Shifted from dual federalism to cooperative federalism
Dual Federalism
Clear separation between federal and state powers
Cooperative Federalism
Shared responsibilities between federal and state governments
Fiscal Federalism
Federal funding used to influence state policies
Mayor-Council Government
Mayor has executive authority, council has legislative power
Council-Manager Government
City council appoints a manager to run the city’s administration
16th Amendment
Allows federal income tax
17th Amendment
Establishes direct election of U.S. Senators
Radical Republicans
A faction of the Republican Party that advocated for the abolition of slavery and harsh Reconstruction policies after the Civil War
City Charter
A legal document defining the organization
Eminent Domain
The government’s power to take private property for public use with compensation
Home Rule
The ability of cities to govern themselves independently from state laws
Federal Responsibilities
National defense, foreign affairs, immigration, interstate commerce
State Responsibilities
Education, transportation, public safety, healthcare, intrastate commerce
Local Responsibilities
Zoning, utilities, sanitation, law enforcement
Policy Conservatism
Emphasizes limited government, lower taxes, personal responsibility, and free-market principles
Policy Liberalism
Advocates for a more active government role in addressing social issues, including regulation, social welfare, and economic equality.
State and Local revenue are derived from
Taxes and grants
Federalism
Power is divided between a central government and regional governments