Lecture Notes: US Government, Federalism, and Texas Constitution
Foundations of American Government and Texas Constitution
Foundational aim of political science
- Not to tell people what to think, but how to think about political life
- Provides reliable information about how the US political system operates, general tendencies, and key terms/concepts
- Emphasizes understanding amid political noise
Four major ideals guiding Americans
- Liberty: negative freedom from oppression/persecution; recognition of the moral worth of individuals; equality under the rule of law
- Equality
- Individualism: self-sufficiency, initiative, standing on one’s own feet
- Self-governance: the people decide how governance works
Declaration of Independence (core takeaway)
- “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.”
- Government exists to protect these inalienable rights
- If government abuses rights, people have the right to revolution
- Political culture as deep-seated beliefs binding a people
Influence of Enlightenment and English heritage
- Ideas and ideals largely emerge from the Enlightenment
- British political heritage shapes views on rights and freedoms
- Great Britain’s constitutional restraint (no absolute monarchy) influenced American framers
State of nature and John Locke (social contract) [philosophical foundation]
- Power and government originate from voluntary social contracts to safeguard rights
- In state of nature, inherent rights: ext{life},\, ext{liberty},\, ext{pursuit of happiness}
- People give obedience to government to protect these rights; revolution permissible if rights are violated
Articles of Confederation (AoC): early framework and its problems
- Emphasis on legislative supremacy; weak executive and judicial branches
- Strong state power; difficult to raise money; unanimous or broad consensus needed for major actions
- Shays’ Rebellion highlighted the weaknesses
- Result: push to replace AoC with a new constitution
Constitutional design goals
- Strong, but limited, federal system
- Federalism to balance national and state interests
- Representation to ensure the people feel their vote matters
- Mechanisms to prevent tyranny and protect minority rights
Constitutional debates and major plans leading to the Great Compromise
- Virginia Plan: strong national government, two chambers, representation based on population
- New Jersey Plan: strong national government with a unicameral legislature, equal representation for states
- Great Compromise (Connecticut Compromise): bicameral Congress
- Senate: equal representation for each state (2 Senators per state)
- House of Representatives: representation based on population
- Slavery and representation: Three-Fifths Compromise
- Slaves counted as rac{3}{5} of a person for purposes of representation and taxation
- Presidency and the Electoral College
- A presidential election system that electors based on state totals
- Each state gets a number of electors equal to its total Senators (2) plus House members
- Electoral votes typically reflect the state’s popular vote, with historical exceptions
Core features the founders aimed for in the new framework
- Strong, limited, federal, and representative government
- Checks and balances to prevent tyranny or overreach
- Separation of powers: three branches with distinct functions
- Grants of power and denials (separation of powers inspired by Montesquieu)
Checks and balances vs. separation of powers
- Not the same as separation of powers; each branch has distinct powers but can check others
- Example: Congress makes laws; President enforces; Supreme Court interprets
- Each branch requires cooperation to function effectively
Structural roles of the branches (basic overview)
- Congress: makes laws and budgets; confirms judicial appointments
- President: appoints justices; can propose and veto legislation
- Supreme Court: determines constitutionality of legislation and executive actions
- Impeachment: Congress can impeach; the Senate can remove
- Judicial review: implied power to assess constitutionality of laws and actions
Judicial branch emphasis
- Congress can determine the size of the federal court system
- Unique power to impeach justices; Senate can remove
Democracy vs republic; direct vs representative government
- Direct democracy: laws made by the people themselves
- Representative democracy: people elect representatives to make laws
- Republic emphasizes limiting power to prevent tyranny by majority
- Andrew Jackson’s view: national embodiment of the people; president as national representative beyond House/Senate representation within states
Progressive era reforms and constitutional changes
- Progressive movement sought more direct democracy and broader popular representation
- Seventeenth Amendment (1913): Senators elected by voters in each state (national reform)
- Before: Senate chosen by state legislatures; after: popular vote
Constitutional framework: constitutional democratic republic
- Constitution as the highest law in the land; minority rights protected by law
- Democracy for majority influence with checks to prevent mob rule; republican safeguards
Federalism: core question of power distribution
- Tension: national vs state power
- Madison’s insight on factions: expanding size reduces risk of a single dominant faction; requires bargaining and compromise
- Four major power types in federalism
- Enumerated powers: explicit powers granted to the national government
- Implied powers: derived from the Necessary and Proper Clause (elastic clause) to execute enumerated powers
- ext{Necessary and Proper Clause} (elastic clause) supports implied powers
- Reserved powers: powers not delegated to the national government are reserved to the states
- National supremacy in practice: when in conflict, national government often prevails
- McCulloch v. Maryland (1819): established national supremacy and the legitimacy of a national bank via implied powers
- Maryland attempted to tax the national bank; Supreme Court ruled that states cannot tax the national bank
- Fourteenth Amendment and civil rights: state obligations to due process and equal protection
- Plessy v. Ferguson (1896): separate but equal doctrine; later overturned by Brown v. Board of Education (1954)
Evolution of federalism: from dual to cooperative to fiscal federalism
- Dual federalism: distinct and layer-like powers for states and nation
- Civil rights era and economic changes led to cooperative federalism: federal and state programs work together (e.g., Medicaid)
- Fiscal federalism: national government uses grants to influence state activities; states may accept or reject funding
- Reagan’s New Federalism (1980s): aimed to devolve power back to states; limited success
- 1990s welfare reform: TANF (Temporary Assistance for Needy Families) as a block grant; tightened eligibility and funding structures
Civil rights, marriage, and inter-state recognition
- Full Faith and Credit Clause: states must recognize other states’ legal decisions (e.g., jurisdictional matters like wills, or marriages)
- DOMA (Defense of Marriage Act): federal recognition of state-level same-sex marriage not guaranteed; later overturned by Obergefell v. Hodges (2015) which requires federal recognition of same-sex marriage
Texas-specific constitutional structure and history
- Plural executive: multiple independently elected executive offices (governor, lieutenant governor, attorney general, etc.)
- Secretary of State is the notable exception to the plural-elected-executive model
- Texas Constitution of 1876: current governing document; designed to restrict government power and empower local control
- Carpetbagger Constitution (pre-1876): prior constitution geared toward restricting state power and limiting state influence
- Key constitutional design features for Texas:
- Brief, broad, and clear statements to guide governance
- Frequent amendments occur due to length and complexity in practice
- Comparative note on length: Alabama’s constitution is famously long (about ~400,000 words); the US Constitution is much shorter (~4,000 words)
- Amendments to Texas constitution
- Amending process: two-thirds vote in both chambers to propose; a majority vote to pass
- Texas does not have an initiative process comparable to some states; amendments can be proposed at constitutional conventions
- Multiple amendments over time reflect persistent attempts at change; turnout and information issues complicate reform
- Why Texas constitution faces criticism
- Inflexibility due to length and detail; amendments can create a cycle of more amendments, increasing rigidity
- Cultural and political factors: long-standing conservatism, resistance to federal intervention, and preference for local control
- Low political will and limited voter engagement, especially in odd-year elections; rural voters often feel outcomes are decided by big cities
Key numbers, cases, and terms to remember
- Three-Fifths Compromise: slaves counted as rac{3}{5} of a person for representation and taxation
- Electoral College: electors per state equal to the sum of its House seats and Senate seats
- Ei = Hi + 2 where Ei is electors for state i and Hi is House seats for state i
- Constitutional amendments and voting thresholds
- Two-thirds requirement for proposing amendments at the state or federal level in many cases
- Word counts (informational reference from the transcript)
- US Constitution: about 4{,}000 words
- Alabama and Texas constitutional contrasts mentioned (Alabama ~400{,}000 words; Texas constitutional length contributes to its rigidity)
- Notable cases and amendments discussed
- McCulloch v. Maryland (1819): implied powers and national supremacy
- Plessy v. Ferguson (1896): separate but equal; overturned by Brown v. Board of Education (1954)
- Obergefell v. Hodges (2015): same-sex marriage recognized nationwide
Practical implications and study notes for the mock exam
- Understand how Enlightenment ideas shaped American constitutionalism
- Be able to explain the Virginia Plan, New Jersey Plan, and the Great Compromise and how they resolved representation disputes
- Explain the Three-Fifths Compromise and its political implications
- Describe the Electoral College and how it interacts with popular vote results
- Differentiate between dual federalism, cooperative federalism, and fiscal federalism; identify real-world examples (e.g., Medicaid, TANF)
- Explain the tension between national power and state sovereignty through landmark cases (e.g., McCulloch v. Maryland, Dred Scott; Plessy v. Ferguson; Obergefell v. Hodges)
- Understand the progressive era reforms and the shift toward direct democracy (Seventeenth Amendment)
- Describe the Texas constitutional framework: plural executive, 1876 constitution, and why it remains contentious
- Recognize the challenges of amending state constitutions and the factors that influence turnout and reform in Texas
Connections to broader themes and real-world relevance
- The design of checks and balances reflects a constant balancing act between efficiency and protection against tyranny
- Federalism shows how power diffusion shapes policy outcomes across health, education, welfare, and civil rights
- The evolution from dual to cooperative to fiscal federalism demonstrates how political economy and social change drive constitutional adaptations
- Texas as a case study in how cultural values shape constitutional form and reform pace
Ethical, philosophical, and practical implications discussed
- Balancing majority rule with minority protections
- Managing the influence of economic power and corporate power in politics
- The legitimacy of a constitution that is lengthy and detail-laden vs. a shorter, more flexible charter
- The role of public participation, turnout, and information in constitutional reform
Quick recall prompts (to test understanding)
- What are the four ideals guiding American political life, and how does each guide political practice?
- Explain the Three-Fifths Compromise and its constitutional purpose
- Differentiate between enumerated, implied, and reserved powers with examples
- What is the difference between dual and cooperative federalism? Give examples
- What changes did the Seventeenth Amendment bring to the United States Senate?
- Describe the Texas plural executive model and how it differs from the national executive structure
Note on the mock exam portion
- The transcript ends with instructions to put away technology for a mock exam, signaling a transition from review to assessment
Summary takeaways
- The US system rests on a blend of Enlightenment philosophy, constitutional design, and a pragmatic approach to balancing power across branches and levels of government
- Federalism remains a dynamic and evolving framework influenced by historical بحران, economic changes, and social movements
- State constitutions, like Texas, reflect local values and practical governance concerns, often leading to ongoing debates about flexibility and reform