Federalism and Local Government

Flashcards about Federalism, state and local government relations, and Texas local government.

Federalism

Constitutional arrangement in which power is distributed between a central government and subdivisional governments.

Necessary and Proper Clause

Clause of the Constitution (Article 1, Section 8, Clause 3) setting forth the implied powers of Congress, stating Congress can make laws necessary and proper to carry out its powers.

Preemption

The right of a state or federal law or regulation to preclude enforcement of a state or local law or regulation.

Categorical or Formula Grants

Congress appropriates funds for a specific purpose, such as school lunches or building airports and highways.

Revenue Sharing

A practice initiated in 1972 where the federal government gave money to the states with no restrictions attached.

Mandates

Orders from the federal government requiring states to do certain things, such as obeying housing laws or environmental regulations.

Unfunded Mandate

A mandate for which the federal government provides no money.

Dillon's Rule

Theory of state preeminence over local governments, stating municipal corporations derive their powers from the legislature.

John Forrest Dillon

An American jurist who served on both federal and Iowa state courts; known for Dillon's Rule.

Home Rule

A presumption that cities can do things not denied by state law; softens Dillon’s Rule.

Home Rule Cities (Texas)

Cities with more than 5,000 residents that operate under their city charters.

General Law Cities

Cities with fewer than 5,000 residents that can only do what the state legislature allows them to do.

Forms of Local Government in Texas

Local government takes four different forms in Texas: school districts, special districts, counties, and cities.

Texas Taxes (2015)

In fiscal year 2015, Texas had the 13th-highest per capita property taxes and the 9th-highest per capita sales taxes in the country.

Supremacy Clause

The clause in the U.S. Constitution stating that the Constitution and federal laws are the supreme law of the land.

Federalism

The relationship between the federal and state levels of government.

10th Amendment

Reserves powers not given to the federal government to the states.

Commerce and Elastic Clauses

Gives powers to the federal government.

Baker v. Carr (1962)

A landmark Supreme Court case that ruled reapportionment issues are justiciable, enabling federal courts to intervene.

1985 Perot School Reforms

Special Committee on Public Education that made school reforms such as 22 children per classroom and no pass, no play rule.

Rick Snyder’s pushed a new law

Michigan Governor pushed a new law that gave the state dramatic powers to take over failing municipalities and school boards by appointing emergency managers with unchecked authority.

States May Help Troubled Cities

New York State created the Municipal Assistance Corporation to issue bonds to help the city and put its own credit at risk. The state also created the Emergency Financial Control Board which was given the right to alter or reject city budgets.

Edwards Aquifer Authority

A special groundwater district created to manage and regulate the San Antonio segment of the Balcones Fault Zone Edwards Aquifer.

Electro Purification

In Hays County the Electro Purification company would have to report to the Barton Springs/Edwards Aquifer district how much water it withdraws from the Trinity Aquifer and be subject to pumping limits.

Municipal leader changes

At the Legislature, municipal leaders faced these changes: Dallas is banned from passing a housing policy that it had to consider under a deal with federal officials. All local governing bodies must now have a 60 percent vote before they can increase property-tax revenue.