Chapter 3: Texas in the Federal System

Flashcards covering key vocabulary terms and concepts related to Texas in the Federal System, including different government systems, constitutional guarantees and limitations, types of governmental powers, and forms of federalism.

Unitary system

A system of government where the central government holds most of the power, as experienced by the U.S. under the British.

Confederal system

A system of government where states hold most of the power and delegate limited authority to a central government, as experienced by the U.S. under the Articles of Confederation.

Federal system

A system of government in which power is divided and shared between a central government and state or regional governments, adopted by the U.S. under the current Constitution as a compromise.

Constitutional Guarantees to States

Provisions in the U.S. Constitution that protect state powers, such as preventing states from being divided or combined without consent, guaranteeing a republican form of government, ensuring representation in Congress and presidential elections, and protection from invasion.

Constitutional Limitations on States

Restrictions placed on state powers by the U.S. Constitution, such as Article I, Section 10 preventing states from entering into treaties or compacts without Congressional consent.

Texas v White (1869)

A Supreme Court case that reaffirmed the principle that states cannot secede from the Union.

14th Amendment

An amendment that requires states to provide equal protection and due process to all citizens under the law.

Incorporation Doctrine

The legal concept through which the Supreme Court has applied most of the Bill of Rights to the states via the 14th Amendment.

Equal Protection Clause

A clause in the 14th Amendment requiring states to provide the same protections for all citizens under the law.

Due Process Clause

A clause in the 14th Amendment requiring states to apply the same fair procedures to all citizens under the law.

Privileges and Immunities Clause

A clause in Article IV asserting that citizens of each state are entitled to all privileges and immunities of citizens of the several states, including protection by government, enjoyment of life and liberty, and property rights.

Full Faith and Credit Clause

A clause in Article IV requiring that legislative enactments, state constitutions, deeds, wills, marriages, divorces, or civil court judgments of one state must be officially recognized and honored in every other state.

Delegated (Expressed) powers

Powers specifically granted to the federal government by the Constitution.

Implied powers

Powers not explicitly stated in the Constitution but inferred from the expressed powers and the Elastic Clause (Necessary and Proper Clause).

Inherent powers

Powers that are necessary for any government to perform its essential functions, such as controlling borders or defending territory, though not explicitly stated in the Constitution.

Reserved powers

Powers not delegated to the federal government nor denied to the states by the Constitution, which are reserved to the states or the people, as outlined in the 10th Amendment.

Concurrent powers

Powers shared by both the federal and state governments.

Supremacy Clause (Article VI, Clause 2)

A clause stating that federal law is superior to state law and constitutes the supreme law of the land.

Elastic Clause (Necessary and Proper Clause)

The final clause of Article I, Section 8, giving Congress the power to do anything they decide is necessary to carry out their enumerated powers, thus expanding federal authority.

Interstate Commerce Clause

A clause allowing the federal government to regulate any business that crosses state lines, significantly expanding federal power to regulate economic activity.

10th Amendment

An amendment reserving powers not delegated to the federal government nor prohibited to the states, to the states respectively, or to the people.

Police Power

The state's authority to protect the health, safety, welfare, and morals of its citizens.

Taxing Power

The state's authority to levy and collect taxes.

Propriety Power

The state's right to own public land, such as airports and state parks.

Eminent Domain

The right of the state to take private property for public use, with just compensation.

Dual Federalism

A type of federalism characterized by clear spheres of control for both the federal and state governments, with a broad interpretation of the 10th Amendment.

Cooperative Federalism

A type of federalism that began in 1930 where federal and state governments collaborate on policy, marked by increased use of categorical and block grants, often stemming from events like the Great Depression.

McCulloch v. Maryland

A Supreme Court case that expanded federal government power by affirming implied powers and the supremacy of federal law.

Gibbons v. Ogden

A Supreme Court case that expanded federal power by broadly interpreting the Interstate Commerce Clause.

Categorical Grants

Federal grants to states or local governments that can only be used for specific purposes or 'categories' of state and local spending, often with conditions.

Block Grants

Federal grants to states or local governments for a general purpose, allowing more discretion to the states in how the money is spent.

Coercive Federalism

A type of federalism where the federal government exerts significant control over states through mandates and conditions on grants, often imposing costs on states.

Unfunded Mandates

Federal requirements imposed on states or local governments without sufficient federal funding to cover the costs of compliance.

National Minimum Drinking Age Act (1984)

A federal law that tied federal highway funding for states to their raising the minimum drinking age to 21, an example of coercive federalism.