Ch.2 Gov Study Guide

What are the three systems of government in the world

-unitary(most popular): the central government has the most power and authority over the lower entities

-confederal(least popular): the lower entities(states, counties) have power over the central government

-federalism: shared power between the central and lower entities

What is Federalism and why does the US use it

-division of power between national government and regional governments

-us uses a federal system to divide sovereign power between a central national authority and individual state governments

What is the 10th Admendment and why is it necessary

-the powers not delegated to the us by the constitution, nor prohibited by it to the states, are reserved to the states, respectively, or to the people

-establishes federalism by reserving all powers not granted to the federal government to the states or the people; this gives states the autonomy to legislate local issues

What are the limits and guarantees of the states

Guarantees:

-states may not combine or divide without permission

-each state guaranteed two senators and at least one member in the house

-each state has electoral votes equal to the number of us senators and representatives

-federal protection

-texas crimes will be tried in texas

-each state is guaranteed a represent gov w/ elected lawmaker

-all states participate in approve/reject proposed amendments to us constiution

Limits:

-states may not enter into treaties or alliances with other foreign states without the consent of congress

-state may not levy import taxes on another states products

-states can’t leave the union

-may not eny anyone the right to vote

What is the 14th Amendment

-state may not deprive persons of life, liberty, or property without due process of law

-crucial because it prohibits state governments from depriving any person of life, liberty, or property without due process and guarantees equal protection of the laws

-before 1868, the federal Bill of Rights only applied to the federal government; this amendment forced states to respect fundamental civil liberties

What are reserve powers

-governmental authorities not granted to the federal government nor denied to the states by the Constitution; protected by the Tenth Amendment, they give states the exclusive right to manage local governance, public health, education, and intrastate commerce

-police powers are the inherent authority of state and local governments to enact laws and regulations that protect the public's health, safety, morals, and general welfare; these powers allow governments to restrict individual liberty and property rights for the greater good of the community

-states’ taxing and proprietary powers are core, overlapping sovereignties derived from the Tenth Amendment. Taxing powers allow states to raise revenue through income, sales, and property taxes, while proprietary power senable states to own property and operate businesses just like private entities

-eminent domain is the legal power of the government to take private property for public use without the owner's consent, provided it pays "just compensation"; states possess this sovereign authority to build vital public infrastructure—such as highways, schools, and utilities—ensuring that essential projects cannot be blocked by individual property owners

What are the two types of powers in the federal government

Enumerated Powers: These are specific powers explicitly granted to the federal government by the U.S. Constitution. Most are listed in Article I, Section 8 of the Constitution. Examples include the power to coin money, declare war, regulate interstate and foreign commerce, and collect taxes

Implied Powers: These powers are not explicitly written in the Constitution but are deemed necessary and proper to carry out the enumerated powers. They are derived from the Necessary and Proper Clause. Examples include establishing a national bank, regulating immigration, and creating a military draft

-the elastic clause is the Constitutional provision in Article I, Section 8, granting Congress the authority to create laws required to execute its explicit ("enumerated") powers. It creates "implied powers"—allowing the federal government to adapt to challenges the framers could not foresee, such as establishing a national bank or air force

-states object when the Federal Government exercises broad powers because it strips away local autonomy, creates massive financial burdens, and overrides state-specific policies

What are Articles 4 and 6 of the Constitution

-article 4 defines the relationship between the states and the federal government; it requires states to honor one another's laws and court rulings (Full Faith and Credit), guarantees citizens of each state equal privileges, details the extradition of fugitives, and establishes the process for admitting new states

-article 6 establishes that the Constitution and federal laws are the "supreme Law of the Land"; it requires all federal and state officials to take an oath to support the Constitution and explicitly prohibits any religious test as a qualification for holding public office

-"privileges or Immunities Clause" usually refers to Section 1 of the 14th Amendment, which states: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”

What did the United States Supreme Court conclude in Texas v White 1869

-the United States Supreme Court ruled that the United States is an "indestructible Union" from which no state can legally secede; the Court also determined that Texas had remained a state throughout the Civil War, meaning its Reconstruction government had the legal standing to sue in federal court to recover bonds illegally sold during the conflict

What were the 7 Constitutions of Texas

-1827: Constitution of Coachuila y Tejas

-1836: Constitution of the Republic

-1845: Constitution of 1845

-1861: Civil War Constitution

-1866: Constitution of 1866

-1869: Reconstruction Constitution

-1876: Texas Constitution/Redeemers Phase

Explain what happened in the 1861 and 1866 Constitutions that led to the creation of the 1869 Constitution

-the 1861 and 1866 Constitutions were overturned because they perpetuated the Southern planter elite and resisted federal civil rights mandates; U.S. Congress rejected these documents, imposing military rule and forcing Texas to write the 1869 Constitution to guarantee racial equality and centralize state power before being readmitted to the Union

-the 1869 Texas Constitution was different because it was written during Reconstruction after the Civil War. It was required by the U.S. Congress for Texas to be readmitted to the Union

-the Ironclad Oath, part of the Wade–Davis Bill (1864), required people seeking to vote or hold public office to swear that they had never voluntarily supported or aided the Confederacy

-edmund J. Davis was elected governor in 1869 during Reconstruction

-many Texans opposed Davis because:

• They saw him as being supported by the federal government and Reconstruction authorities.

• He expanded the powers of the governor and created a state police force, which many viewed as oppressive.

• He supported the civil and political rights of formerly enslaved people.

-richard Coke was a Democrat who became governor of Texas in 1874 after defeating E. J. Davis

True or False: The Radical Republicans wrote the Constitution of 1876

-False. The Radical Republicans wrote the controversial Constitution of 1869. The current Constitution of 1876 was written by Democrats and farmers (the Grange) precisely to undo the highly centralized, expansive government powers established by Radical Republicans

-problems with the constitution: long, unorganized, poorly written, out-dated, too specific

-different from others as it decentralized powers, reduced governors terms to two years, decreased size of governors, limited terms and salary, strenghtened local governments, and the three branches have limited powers

What are the steps for amdending the Constitution

-legislature proposed amendments

-approval by 66% of all members of each chamber

-the secretary of the state prepares a statement that describes the proposed admendement and the attorney general approves the statement

-amendment must be published twice in texas newspapers and posted in the county courthouse

-a majority of state voters must vote by a simple majority

-the governor has no veto power and issues a proclamation certifying the election results

What were the different attempts at rewriting the Texas constitution? Why have the attempts to rewrite the Texas Constitution failed?

-The most significant modern attempt to rewrite the Texas Constitution occurred in 1974 during a Constitutional Convention, delegates drafted a new document but disbanded in disagreement, falling three votes short of the two-thirds majority required to send it to voters, an attempt to revive it as eight separate amendments in 1975 was subsequently rejected by voters

What are the Article 1 of Texas Constitution

-article 1 of the Texas Constitution is the Bill of Rights

-while the U.S. Bill of Rights is a separate document consisting of the first ten amendments, the Texas Bill of Rights is embedded directly into Article 1 of the Texas Constitution; it contains 33 distinct sections—granting far more enumerated protections than the federal version—and is heavily written in positive rather than negative liberties