Chapter 3: Texas in the Federal System

TX Government Key Terms

Sovereign

possessing supreme political authority within a geographic area

Tenth Amendment

if a power is not specifically given to Congress, or specifically denied to the state like foreign policy, then it belongs to the states

Elastic Clause

allows the Congress to make laws to execute their powers, even if the Constitution doesn’t state it

Full Faith & Credit Clause

a constitutional requirement that each state must generally recognize the law and judicial actions of other states

Public Policy Exception

the concept that states do not have to give full faith and credit to the actions of other states where those actions violate a state’s public policy

Reconstruction

the period after the Civil War when much of the South was under military occupation

Civil War Amendments

the Thirteenth, Fourteenth, and Fifteenth Amendments which were ratified after the Civil War

Fourteenth Amendment

protects persons from state action denying them due process or the equal protection of the laws

Incorporation of the Bill of Rights

the Supreme Court ruling that fundamental rights are considered part of “liberty” in the Fourteenth Amendment and apply to the states and national government

“Separate but Equal”

an interpretation of the 14th Amendment that states could segregate races as long as equal facilities were provided

Dual Federalism

a form of federalism in which the powers and responsibilities of the state and national governments are separate and distinct

Layer-cake federalism

a term coined by political scientist Morton Grodzins (same as dual federalism)

Dual Sovereignty

the principle that states and national government have the power to pass laws, and if they overlap then the state and national government can enforce their laws

Police Power

the power of states to pass laws to promote health, safety, and public welfare

Cooperative Federalism

a form of federalism where the boundaries between the national government and state governments have become blurred

Marble-Cake Federalism

a term coined by political scientist Morton Grodzins (same as cooperative federalism)

Categorical Grants

money that the national government gives to the states must be used for the purpose specified by the national government

New Federalism

the attempts by Presidents Nixon and Reagan to return power to the states through block grants

Block Grants

money given by the national government to states with a general goal but no specific restriction

Coercive Federalism

federal policies that force states to change their policies to achieve national goals

Unfunded Mandates

federal requirements that states or local governments pay the costs of federal policies

Preemption

when the national government has the power to make decisions in a particular area

Fractious Federalism

conflict arises between the state and national governments when determining who has the right to make decisions in particular areas

Deferred Action for Parents of American and Lawful Permanent Residents (DAPA)

the administrative decision to help certain undocumented immigrants who lived in the US since 2010 and have kids who are American citizens or lawful permanent residents

Deferred Actions for Childhood Arrivals (DACA)

an administrative decision that certain undocumented immigrants brought to the US as children would not be deported

Independent State Grounds: allows states to expand rights beyond what is stated in the US Constitution

Independent State Grounds

allows states to expand rights beyond what is stated in the US Constitution

Preclearance

the requirement that the federal court had to approve any voting changes from states before implementing

Individual Mandate

a requirement of the Affordable Care Act that health insurance be purchased