Exam 1 Flashcards
(114 cards)
1
Q
What are the state and federal governments considered to be?
A
Dual sovereigns
2
Q
What responsibilities does the government have?
A
National defense, foreign relations, domestic regulations, taxing and spending, interstate commerce.
3
Q
Why is the commerce clause important?
A
Federal courts have interpreted it to mean different things, so it allowed for tacking issues like racial discrimination
4
Q
T or F: In the last century, the federal government has become increasingly dominant in its relationship with the states
A
True
5
Q
What structure do the federal government and the state governments have?
A
Tripartite structure (executive, legislative, and judicial branches)
6
Q
Define bicameral
A
2-chamber (house and senate)
7
Q
Why is a wide approach to governing considered useful?
A
States can be considered laboratories of democracy, meaning that when different states try out different policies, we can find out which ones were most effective and useful.
8
Q
True or false: Local governments can be considered sovereign
A
False
9
Q
What is Dillon’s Rule?
A
Local governments derive their authority to govern from the state governments so are subject to the decisions of the state government
10
Q
How are counties run?
A
Usually run by an elected body called a county board or a board of commissioners
11
Q
What does a district attorney do at the local/county level?
A
Carries out prosecution for criminal violations
12
Q
What does a county treasurer do?
A
Controls collection and spending of money
13
Q
What is a council-mayor system?
A
Both the mayor and members of the city council are elected
14
Q
What is a council manager structure?
A
The council is elected and responsible for hiring a city manager.
15
Q
What is a municipal government and what are they responsible for?
A
Municipal governments govern a city or town, and deliver water, police and fire services, and provide primary and secondary education.
16
Q
Why is a state’s population size important?
A
Determines number of representatives, how much taxes can be collected, as well as how much money government needs.
17
Q
What is urbanization?
A
The process in which people move from rural areas to cities, a trend that has been increasing in the U.S as people seek economic opportunity.
18
Q
What are some consequences of city growth?
A
Additional strain on local governments- harder to afford housing, more traffic, higher tax revenue
19
Q
What are some growing trends in the U.S.?
A
Decreasing percentage of Caucasians, increasing percentage of Asians and Hispanic individuals, increasingly gentrified population
20
Q
What are some economic trends in the U.S.?
A
Growth of American regulatory state, decrease in manufacturing sector, growth in service sector, meaning internal migration from industrial North to less industrialized South and West. Increase in wealth distribution imbalances.
21
Q
What model do many Southern governments use?
A
Low tax low service model (low regulation environment also attracts more economic production)
22
Q
What is political ideology?
A
Voters classify themselves as conservatives, liberals, or moderates on social and economic issues, which affects voting behavior
23
Q
What are some trends in political ideology?
A
Most states identify as conservatives
24
Q
Describe Texas’ population growth
A
High birth rates, domestic migration, international migration all contribute to growing TX population
25
Houston
Largest city in Texas, fourth-largest in U.S., busy deep-water port; oil transformed Houston area
26
DFW
Metroplex consists of Dallas, Fort Worth, and a number of other suburban cities, Dallas is a large center for petroleum financing, and Dallas embodies a more corporate culture. Fort Worth has a large aviation industry.
27
San Antonio
Texas' second-largest city, increasingly Hispanic population, average income less than Houston or Dallas; economy rests on national military bases and large medical research complex.
28
Austin
Capital, hub for govt. business, fourth largest metropolitan area in Texas and location of UT; high-tech industry and high income averages
29
True or false? Texas constitution is second-longest in the U.S.
True, also has second-most amount of amendments
30
How many constitutions did Texas have between 1861 and 1876?
4
31
What are some of the reasons for the length of state constitutions?
State constitutions are eadier to amend, citizends can place amendments on ballots, states retain police powers, and they touch on more aspects of life than federal powers
32
When was current Texas Constitution approved?
1876, 17 articles, 507 amendments, voter approval necessary for amendments
33
What are some of the roles of state constitutions?
Establish political institutions, delegate powers to particular institutions, establish local governments, protect against concentration of political power and define limit of political power
34
Similarities between TX and US constitution
Political power derived from the people, separation of powers, legislative, executive, and judicial branches, checks and balances to limit powers of each branch, individual rights, federalism embodied
35
Supremacy clause
U.S. Constitution and federal laws are the supreme law of the land
36
Necessary and proper clause:
federal government has all the authority it needs to carry out its powers (TX guarantees other rights, such as free public schools)
37
What countries has Texas been under?
Spain, France, Mexico, Texas as a Republic, Texas in confederacy, Texas in United States (present)
38
When did Texas gain independence from Spain with Mexico?
1821
39
What was first federal constitution that Texas operated under?
Mexican constitution of 1824 - Catholicism established as state religion and was supported financially
40
Constitution of Coahuila y Tejas, 1827
Combined states of Coahuila and province of Texas, made Texas the District of Bexar, defined a unicameral legislature, and guaranteed liberty, security, property, and equality; also established as state religion
41
Texas Declaration of Independence, 1836
Adopted in 1836 at Washington on the Brazos, 39 of 59 delegates from southern slave states and only 10 of 59 had lived in Mexico prior to 1830, justified revolution by drawing on Locke's reasons for establishing government and Jefferson's list of grievances
42
Constitution of Republic of Texas, 1836
Texas residents demands included more liberal immigration policies for U.S. residents, separate statehood apart from Coahuila, advocated for English and Spanish speaking primary schools, established elected chief executive, bicameral legislature, four-tiered judicial system, white male suffrage, called for annexation
43
Texas State Constitution of 1845
Ceded defense-related property to US, provided 2 legislative houses, elected governor, lieutenant governor, and detailed process for amending the constitution
44
Constitution of 1861: Texas joins confederacy
State voters approved secession, and state entered into the Confederacy- new constitution declared freeing of slaves illegal
45
Constitution of 1866: Texas rejoins the union
Ratified by slim majority, new constitution following defeat in the Civil War accepted abolition of slavery , freed men allowed to own property and sue but could not vote or hold office, constitution was an amended version of 1861 constitution
46
What was the reconstruction act of 1869?
Confederate states required new state constitutions to comply with federal laws- extended vote and political equality to Black men, governor given vastly expanded powers
47
What does the current TX constitution do?
Strong popular control of government, limits to powers, restraints on spending, promotion of agricultural interests
48
What two forces shaped 1876 (current constitution)?
Reconstruction and the Grange movement, who felt that corporations arrayed against their economic interests so wanted to curtail government powers
49
What were new limits on government in 1876 constitution?
Judges to be elected, plural executive, part-time legislature, limits salaries og government officials, extent of debt, and powert to tax, school not to be compulsory, regulation of railroads and banks
50
What are some shortcomings of the Texas Constitution today?
Makes it difficult for state officials to govern effectively
51
Article 1
Bill of rights, stresses limits upon states power, articulates right to republican government, much more detailed and specific
52
Article 2
Powers of government- 3 branches
53
Article 3
Legislative department- senators (4 years, 31 people) and representatives (2 years, 150 members), limits on salaries, ethics commission, comptroller of public accounts, policy issues
54
How often does legislature meet, and what is required of them?
5 months every 2 years, budget; special sessions can be called by governor to address major issues
55
Article 4: Executive Department
Creates plural executive, 5/6 elected except for secretary of state to limit governor power
56
Powers of governor
Sign bills into action, removes items off of budget
57
Powers of lieutenant governor
Controls appointments to all legislative committees in texas senate and controls budgeting process
58
Article 5- judicial department
2 supreme courts, creates an independent judiciary to check and balance other 2 branches, all justices and judges elected
59
Judiciary in Texas structure
lower-level trial courts called district courts, a middle level which must hear all appeals (called court of appeals), and 2 supreme courts, one to hear criminal appeals and one to hear civil appeals
60
Article 6
suffrage, enables legislature to regulate voter registration
61
Article 7
education, public schools, board of education, UT and TAMU
62
Article 8
Taxation and revenue
63
Articles 9 and 11
Counties and municipalities- establishes local governments and provides framework
64
How does texas raise revenue?
Sales tax- restrictions exist on property tax and state income tax, most spending goes to federal government, healthcare, and education
65
Articles 10-14
Railroads, private corps, land titles, public lands
66
Article 15
Impeachment- remove state official from office, house and senate decide what is impeachable
67
Article 16:
tackles a variety of issues
68
Article 17:
amending constitution, 4 stage process, legislature proposes amendments, must be voted in by 2/3 majority, explained in paper, majority of voters must approve
69
2017: constitutional amendments
7 proposed, all passed, low voter turnout
70
2019
10 amwndments, 9 passed
71
What happened in 1972?
Drive to rewrite TX constitution after stock fraud, voters approved amendment to create a convention to write a new constitution but convention failed to adopt
72
Ratliff-Junell
Late 90's, would have increased terms for house and senate, appointed judiciary, office of governor strenghtened byt never made it past discussion stage
73
Why was a decentralized approach to COVID possible?
Because the U.S. has a federal government, so states were forced to compete with eachother for medical equipment in something called horizonta federalism
74
What is vertical federalism?
Relationships between unequal levels of government, like federal US government and state governments
75
What is a confederation?
A way of organizing government so that lower-level units retain most authority and can significantly limit operation of national government- this was originally how US was structured but states often refused to pay taxes and states could make own treaties with foreign nations
76
Unitary system
National government holds all authority- lower level systems are extensions of national government
77
T or F: the federal system established by U.S. constitution is somewhere between the extremes of a confederation and a unitary
T
78
What does the constitution attempt to do?
balance power between the states and central government- states get all residual powers not enumerated in constitution
79
What are enumerated powers?
Include ability to coin money, raise an army, establish a postal system, regulate commerce between the states and with foreign nations, and make treaties
80
What are powers left to the states called?
Police powers- states are allowed to regulate for the health, safety, and welfare of citizens, so states can do the things governments usually do except when federal government has that power
81
what are concurrent powers
powers shared between state and federal government
82
What is the Supremacy clause
If a federal and a state law conflict, the federal law takes precedence
83
Necessary and Proper Clause
Congress has the power to make all laws which shall be necessary and proper for carrying into execution
84
McCulloch v. Maryland
Whether the federal government is allowed to establish a national bank- showed that Supreme court will favor national government
85
Commerce clause
Congress has power to regulate commerce between states and with foreign nations- has become central justification of expansion of federal power
86
Wickard v Filburn
Court ruled that farmer growing wheat for home consumption still affected interstate commerce
87
What do federalists advocate for?
Strong national government
88
What do anti-federalists advocate for?
more state power
89
10th amendment of us constitution
Powers not given to the national government are reserved to the states and the people
90
T or F: bill of rights was initially intended for federal government only
T, 14th amendment began process of incorporating individual rights listed in Bill of Rights to the States
91
Incorporation
gradual application of rights that formerly only limited federal government to also limit state governments- last right to be incorporated was 2nd amendment, demonstrating how supreme court has gradually limited sovereignty of the states in our federal system
92
Miranda v arizona (1966)
supreme court held that 5th amendment applied to the states
93
T or F: as time has passed, federal government has had increasing influence on states
T, supreme court usually sides w/ federal government and after civil war it became harder to fight encroachments on states rights
94
Why did southern states guide state prerogatives to regulate
They didn't want increased federal role to lead to curtailment of slavery
95
Scott v. Sanford (1857)
Justices held that slaves and former slaves could never be citizens and congress had no authority to determine slave status of newly formed states
96
Conclusion of civil war brought about which amendments?
13, 14, 15
97
What is a race to the bottom?
Policy or goal sacrificed to gain competitive advantage, few states willing to act alone to prohibit employment of children due to economic advantage- texas offers incentives and tax breaks, states adopt unfavorable tax policies to remain competitive
98
grant in aid
giving of money with condtions attached on how it may be spent
99
16th amendment of us constitution
gave federal government power to tax incomes
100
How did the Depression affect federal power?
Federal government's power increased as programs increased; this was based on commerce clause- quality of products, attempts to regulate working conditions in industry, aid to the poor, ability to unionize- supreme court originally found fault but eventually changed mind
101
National Labor Relations Board v Jones and Laughlin (1937)
Court held that strike or unrest could impede flow of interstate commerce so congress could rule over it
102
How did WWII affect role of national government
strengthened it; increased
spending and need led to cooperative federalism, in which state and federal governments partnered to achieve a policy goal
103
What did Lyndon B Johnson do
Civil rights and voting rights act, pushed for medicare and Medicaid
104
To acheive goals of civil rights, medicare, and Medicaid, what did federal government do?
Used block grants, which went to a locality and allowed national government to bypass sometimes recalcitrant states- however, does not allow federal govt to regulate how money is spent
105
Example of matching grant
medicaid, federal government might match spending at a 2 to 1 ratio, incentivizing state to increase spending- favored by democrats since encourage spending on welfare programs, tend to help prevent race to the bottom situations, provides more money to poorer states
106
why does texas oppose medicare?
might destabilize low tac, low service model, so federal government offered to pay for 90% of costs
107
Why are there so many state and local employees in comparison w federal?
Modern federalism involves federal govt setting policy parameters and these are administered by local and state employees
108
unfunded mandate
involves proffering rules and regulations to require particular policy actions without providing additional funding
109
T or F: increasing polarization makes federal-state and unity cooperation easier
F
110
How does polarization affect government
Increases distrust, different values and policies, but federal authority grows regardless of party
111
United States v. Lopez
Congress passed a law making it illegal to carry a handgun into school zone, Lopez arrested, but argued that his activity ws not commerce and court agreed , first decision since depression to limit congress power, reaffirms state rights, signals change in federalism jurisprudence
112
Why has federal government increased in power?
Supreme court and congress eager to grant more power, ratification of 17th amendment gave populace power to select senators instead of senators, increasing demand of citizens
113
Centralization
has impacted agriculture, immigration, currency/money, facilitate large commercial enterprises, not really affected by tech or globalization
114
Why is federalism important?
helps us decide who has what privileges, discussions of checks of power
