Week 3: Federalism (and local gov)

4 types of local gov entities

cities, counties, special districts, and councils of government

2 categories for municipal gov

general law cities and home rule cities

general law cities definition

a smaller city that operates according to specific TX statutes that enumerate their powers and duties

under 5,000 residents

75% of tx cities

home rule cities definition

a larger city in which residents have adopted a home rule charter that establishes the city’s governmental structure and the powers and duties of the branches of municipal gov

5,000+ residents

the citizens…

• determine their own form of municipal gov

• choose the size of their council and its election process

• terms of office of elected officials and the means of electing a mayor

Voting Rights Act definition

federal legislation passed in 1965 that bans the denial or abridgement of the right to vote and provides means of enforcing this ban

are municipal elections partisan in tx?

no

single-member district definition

a geographic area that elects one officeholder to a body w/ multiple members, such as a legislature

initiative definition

proposal seeking legislation on a particular issue that is originated by the voters or residents of a city

referendum definition

an election held to affirm or repeal a law or other political act by a gov entity

recall definition

the legal process by which voters may remove an elected official before their term in office has ended

counties

provide a wide range of services; have a court for policymaking and a judge

very limited in their authority

special district definition

local gov bodies created to provide specific sets of services not provided by city or county govs

independent school district (ISD) definition

a type of special district responsible for primary and secondary education that operates separately and independently of other gov bodies

federalism definition

a system of gov in which gov power is divided and shared among a national or central gov and lower levels of state or regional gov

unitary system definition

a system of gov consisting of a single layer that oversees the creation and implementation of policy at all levels

confederal system definition

a system of gov in which the state govs possess more power than the national gov

what did the New Deal mark?

drastic expansion of government power under prez franklin roosevelt

categorial grants definition

fed grants given to state govs for specific purposes

they allow the state minimal discretion in determining how to spend the funds

block grant definition

fed grants to state govs for general puposes

offer the state some flexibility in how to spend the funds

what proportion of tx funds come from the fed gov?

1/3 → controversy 

nationalist definition

proponents of a version of federalism in which states operate as agents for implementing fed policy rather than independent actors

policy pragmatist definition

ppl who focus on specific and achievable policy, as well as its practical consequences

Full Faith and Credit clause

states must respect other states’ laws

Article IV, Section 1

dual federalism definition

when the fed and state govs have distinct and separate responsibilities

layer cake

cooperative federalism definition

when the fed and state govs have shared or overlapping responsibilities in some areas

marble cake

what did McColloch v. Maryland (1819) establish?

implied powers

why is the Civil Rights Movement referred to as a second Reconstruction?

although Reconstruction created the 13th, 14th, and 15th amendments, most of its effects were reversed

grants-in-aid definition

financial assistance provided by the national government to lower levels of gov or to other organizations, typically to support specific programs or projects; do not need to be repaid

the history of federalism

• reconstruction

• new deal

• Great Society programs

• more power to states after Reagan

devolution definition

transfer or delegation of power to a lower level of gov, especially by central gov to local or regional administration

type of power that only the federal government has

national security and foreign policy

type of power only the states have

family law

ongoing debates about border security and immigration

• only fed gov has power over this

• states want to have control

• states can’t create their own immigration systems

• tx using trespassing to arrest undocumented immigrants

states rights view of federalism

the states should have more power than the federal government

became prominent to resist civil rights

making a comeback

nationalist view of federalism

national gov is the supreme authority in the land, should be denied power only when the constitution clearly prohibits it

coercive federalism definition

system in which the national gov exerts significant pressure on state and local govs to adopt and implement fed policies, often by using its financial resources or regulatory powers

what does the states rights vs nationalist conflict mirror

federalists vs anti-federalists

16th amendment

congress can collect income tax