Ch 2 Slides Flashcards
Sharing of powers between the national and state governments
Federalism
- Two systems operate concurrently, one at the national level and another within each of the states
- The U.S. Constitution determines who has what power
______ Amendment where the states derive their power from the U.S. ConstitutioN
Tenth
– States have any power not given to the federal
government
– Intended to put limits on the federal government
– Separation of powers/checks and balances
Types of Powers in Our Federal System
Powers that the constitution gives the national government
Delegated powers
Types of Powers in Our Federal System
- Powers that belong to the states
- Legitimacy of powers comes from the Tenth Amendment
Reserved Powers
Types of Powers in Our Federal System
• Powers shared by the national government and the states
Concurrent Powers
Constitutional Limits on States
Limits on states are found in Article I, Section 10 of
the U.S. Constitution
• States cannot enter into treaties on their own or engage in ___ independently unless attacked
war
Constitutional Limits on States
Limits on states are found in Article I, Section 10 of
the U.S. Constitution
• States cannot issue _____
money
Constitutional Limits on States
Limits on states are found in Article I, Section 10 of
the U.S. Constitution
• A person cannot skip from state to state in order to avoid paying _______
civil damages
WHICH TYPE OF POWER?
Maintain military Declare war Establish postal system Set standards for weights and measures Protect copyrights and patents
National Powers
WHICH TYPE OF POWER?
Collect taxes Establish courts Regulare interstate commerce Regulate banks Borrow money Provide for the general welfare Punish criminals
Shared Powers
WHICH TYPE OF POWER?
Establish local governments Set up schools Regulate state commerce Make regulations for marriage Establish and regulate corporations
State Powers
The basic document under which a state’s
or nation’s government operates
Constitution
A democracy where instead of
majority rule, representatives are elected, and
constitutional law is supreme
Constitutional republic
The power of the courts to strike down
laws that violate the state of national constitution
Judicial review
Additions or deletions to the constitution;
passed in a prescribed manner
Amendments
First 10 amendments to the US
Constitution that were added in order to get the
constitution ratified by all the states
Bill of Rights
The ____ and _____ amendments ended
slavery and gave African American males the right to
vote
Thirteenth and Fourteenth
___ amendment took away the state legislatures power to appoint U.S. Senators
17th
___ amendment granted women the right to vote
19th
___ amendment ended the polls taxes
24th
___ amendment lowered the voting age to 18 (from 21
26th
National govt has gained control of the states through
its _______
taxing and spending policies
• About a third of Texas’s state budget comes from federal government sources
• States must abide by federal rules to receive federal
grants
• Federal courts often have jurisdiction in areas once
completely under ____ control
state
• Texas has sued the federal government close to 50 times
Coahuila y Tejas
• Texas has had ____ constitutions
seven
Coahuila y Tejas
• The first constitution, created in ___, governed Texas while it was still part of the Coahuila state in Mexico
1827
Coahuila y Tejas
• Mexico _____ denied Texas’s lobbies to be within the
United Mexican States
twice
The ____ Constitution
• Emerged between the fall of the Alamo and Sam Houston’s victory at San Jacinto
• Generally followed the U.S. model
• Created a house of representatives, a senate, and a president
• Limits were place on the president’s term
• Prohibited clergy from holding office
• Slavery was legalized
• Head of each household was given a sizable land grant
The 1836 Constitution (Republic of Texas)
The \_\_\_\_ Constitution • Texas reached an annexation agreement with the United States • Upheld democratic ideals • Gave the right to vote to all white men over the age of 21 • Restricted state debt • Enforced uniform and equal taxation • Established a public school system • Protected community property • Permitted slavery
1845
The ___ Constitution
• Fifteen years after becoming part of the United States,
Texas seceded from the Union
• Acknowledged Texas as Confederate state
1861
The ___ Constitution
• Texas was forced back into the Union after the
Confederacy lost the Civil War
• Texas was expected to write a new constitution making
slavery illegal
1866
The ____ Constitution
• Reconstruction a new constitution had to be written
that guaranteed African Americans the right to vote
• Was progressive for its time
• Strengthened the power of both governor and legislature
• Required governor to appoint judges
• Established the Permanent School Fund to provide money for a public school system
• E.J . Davis the Republican governor of Texas during
the era of Reconstruction
• Gave the government more
power
1869
The ____ Constitution
• A constitutional convention was called and the
constitution that resulted can best be described as a
backlash against Republican party rule and the perceived abuse of power of Gov. E.J. Davis
• The current Texas constitution,
written after Reconstruction
1876
The 1876 Constitution
Limits on Government Power
• Power of the legislature was restricted by _____ sessions
biennial
The 1876 Constitution
Limits on Government Power
• The less time the legislature was in session, the fewer
opportunities it had to ______
pass laws
The 1876 Constitution
Limits on Government Power
• Senate years were cut from six years to ____
four
The 1876 Constitution
Limits on Government Power
• Legislature not given the power to call itself into ______ session (only the governor can do)
special
The 1876 Constitution
Limits on Government Power
• Most significant limit: _____ budget provision
balanced
The 1876 Constitution
Limits on Government Power
• Restricted the state’s ability to go into ____
debt
The 1876 Constitution
The Bill of Rights
• Texans wanted to ensure ______ liberties
individual
The 1876 Constitution
The Bill of Rights
Two portions of the Bill of Rights in reaction against
Reconstruction:
• Article I, Section I:
“Texas is a free and independent state, subject only to the Constitution of the United States.”
The 1876 Constitution
The Bill of Rights
Two portions of the Bill of Rights in reaction against
Reconstruction:
• The second prohibits state money for _____ purposes
religious
The 1876 Constitution
Amending the Constitution
• Amending the Texas constitution is a ___ step process
two
The 1876 Constitution
Amending the Constitution
• Both the house and the senate must approve the proposed amendment by at least a _____ vote
two thirds
The 1876 Constitution
Amending the Constitution
• Requires _____ approval from the voters
majority
The 1876 Constitution
Amending the Constitution
• The approval of constitutional amendments by a majority of those persons voting on the amendment in an election.
Ratification
The 1876 Constitution
Amending the Constitution
The _____ has no formal vote in the amendment process
governor
The 1876 Constitution
Amending the Constitution
• As of 2018, the Texas constitution has been amended ___ times
498
– Reactionary document
– Second largest among states
▪ 87,000 words
▪ Nine times longer than U.S. Constitution
