Chapter- 4 The American Federal System And Uts Significance To Understanding Texas Government Flashcards
Authoritarian systems
Do not embrace the political value of limited government and in such systems one person (usually a dictator) or a group of authoritarian agents hold all power to make, enforce, and interpret law.
Federal systems
Government that divides government powers between a central or, national government and regional or state government’s
Federalism
(The division of power among the levels of government) and separation of powers (The separation of power among the branches of government)
Unitary systems
Government in which the central government holds all power and any powers held by regional governments are those specifically granted to them by the central government
Confederal systems
Contain an extremely limited central government, and the vast amount of government powers are retained by regional or state governments.
Articles of confederation
Created a confederal system. Ratified in 1788 and instituted in 1789, the nations new constitution – the longest continuously surviving national constitution in the world – specifically addresses the problems the United States faced under the articles of confederation by setting forth in article 1, section 8, specific enumerated powers
Enumerated powers
Held by Congress including the power to coin and regulate the value of money, declare war, Lay and collect taxes, and regulate trade among the states
10th amendment
Ratified in 1791, sought to ensure that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.“
Reserved powers doctrine
The 10th amendment requires interpretation of the amendments phrase “powers not delegated to the United States.“
Implied powers
Holds that the powers of the national government extend beyond the powers of specifically enumerated in article 1, section 8
National federalism
Holds that the national government is primary in the division of powers, and that the nation is constituted of individuals who come together as individuals (rather than citizens of the state) To produce the nation.
Compact federalism
Holds that the state and local governments are primary in the division of powers, and that the nation is constituted of communities (States) that enter into a constitutional compact in order to maximize their common objectives such as a security against external threats
Necessary and proper clause
“Elastic clause”. Of article 1, section 8, with the supremacy clause of article 6 to interpret the doctrine of implied powers
Commerce clause
Contained an article 1, section 8, the commerce clause reads in relevant part that Congress has the power “to regulate commerce with foreign nations, and among the several states.“
McCulloch v. Maryland
Briefly stated, the Supreme Court held in McCulloch that although the power to create a national bank was not explicitly enumerated in the Constitution, the document did provide Congress the enumerated power to do all things “necessary and proper“ to fulfill the enumerated powers. And since Congress has the enumerated power to coin money and regulate the value of money, it was necessary and proper for Congress to establish a national bank.
Supremacy clause
Of the United States Constitution establishes that the Constitution, federal laws made pursuant to it, treaties made under its authority, constitute the supreme law of the land
Patrick Henry
From Virginia, who almost single-handedly carried the opposition argument for the first week of the Philadelphia convention, used forensic skill in common manner to rally the anti-federalist against consolidation. Henry’s emphasis on the practical reasons for rejecting the new constitution – to prevent consolidation and the destruction of the states – was accompanied by the theoretical arguments for rejecting the document.
Luther Martin
Of Maryland emerged at the convention as the chief spokesperson for the anti-federalist constitutional theory. Martin argued that “the people of the continent” were not in a “state of nature” as the proposed Constitution assumed; rather, they had escaped the state of nature by entering into a constitutional compact that had given birth to the respective state governments.
Gibbons v. Ogden (1824)
Held that the power of Congress to regulate interstate commerce included the power to regulate navigation
NLRB v. Jones & Laughlin Steel (1937)
Was one of the first cases to uphold an act of the new deal by ruling that Congress has the power to regulate interstate activities that have a substantial impact on interstate commerce
Heart of Atlanta motel v. US (1964)
Upheld the civil rights act of 1964 by holding that Congress has the power under the commerce clause to regulate “individual moral behavior“ with respect to racial discrimination in public accommodations given the substantial detrimental impact it has on interstate commerce.
US v. Lopez (1995)
Chief justice William Rehnquist (Reagan appointee), and Thomas (a bush appointee) declared the federal gun free school zones act of 1990 unconstitutional on grounds that regulating guns in school zones had no substantial impact on interstate commerce.
Prints v. US (1997)
Majority voting block held that the necessary and proper clause did not empower Congress to require local chief law-enforcement officers to perform functions required by the Brady hand gun violence prevention act
US v. Morrison
Ruled that the federal violence against women act of 1994 had no substantial impact on interstate commerce.
Cooperative federalism
The national government retain significant power and the state serve to aid the national government and coordinated efforts to address national problems.
New federalism
Which seeks to reduce the size and powers of the national government and restore the powers of the states.
General revenue sharing
Programs in the early 1970s in an attempt to restore the power and discretion of the states
Intergovernmental grants
Financial transfers from the federal government to support state and local programs
Maintenance - of - effort (MOE) provisions
Provisions which require state and local government’s to match or partially pay for the federally funded programs or project with non-federal state and local funds
Project grants
Competitive grants that are limited to a specific project over a fixed period of time
Formula grants
Non-competitive grants awarded to states based on mathematical formulas designed to ensure fair and equitable distribution of funds by including factors such as state population or the number of students attending public schools in each state
Police powers
Matters concerning the licensing and regulation of the sale of alcoholic beverages; marriage, divorce, adoption, child protection, and probate; public school textbooks and curriculums; the licensing of attorneys and healthcare practitioners; and vaccination requirement for children and rolling in and attending public schools.
County commissioners court
commissioners courts consist of four commissioners and one county judge. County commissioners are elected to for your staggered terms by the voters residing in designated county precincts. And, while officially in constitutionally referred to as “courts,” The functions of the commissioners court are primarily administrative rather than judicial. Their statutory and constitutional duties include setting the county tax rate and collecting taxes, building and maintaining county roads, managing the counties fiscal and financial responsibilities, providing for necessary county buildings, dividing the county into pre-sinks, issuing vehicle registrations and transfers, and managing public lands held by the county.
County judges
Elected at large by the voters of the county to preside over and serve as a voting member of the county commissioners court. County judges in taxes are not required to hold a law degree since their functions are largely administrative, such as overseeing the election process and presiding over the commissioners court.
County tax assessor-collector
Calculates The amount of property tax that will be charged to property owners and collect taxes including property taxes, sales taxes on automobiles and collecting fees for automobile registrations and transfers of title, issuing liquor, beer and wine licenses, and registering voters
County clerk
Oversees elections, voting, and official records and documents including birth, death, and marriage certificates.
County attorney
Serves as legal advisor for county government and represents the county and civil and criminal cases
County treasurer
Responsible for depositing all revenue collected by the county, disbursing funds ordered by the county commissioners court, and maintaining all county financial records
Justice of the peace
Presides over certain civil matters, small claims court, and misdemeanor criminal offense is punishable by fine only (such as traffic offenses).
County sheriff
Chief law-enforcement officer of the county and supervisor of county jail and prisons
County constables
Generally enforce civil laws such as serving subpoenas, seizing property is ordered by a court, executing judgments, in caring out duties for the justice of the peace courts
County deputies
Who must have law-enforcement training and generally assist the sheriff with enforcing criminal law through criminal investigations, resting suspects, working patrol, and supervising county correctional facilities
District clerk
The official custodian of court documents in case is heard in district courts
District attorney
The chief prosecuting officer for the District Court, represents the state and criminal cases, works with law-enforcement to investigate and prepare criminal cases, and determines whether an alleged criminal offense should be brought before the grand jury
District judge
Preside over the state district courts with delegated jurisdiction over criminal law including state felony criminal cases, and civil law such as divorce, adoption, and probate
General law cities
Are municipalities that are limited to government structures and powers specifically granted by state law, and generally apply to cities with a population of less than 5000 residents
Home real amendment
In 1912 was ratified allowing municipalities of more than 5000 residents to adopt their own home rule charters and pass ordinances of their own choosing, subject only to the Texas constitution and general laws
Dillon’s rule
It’s tablet in 1868 by Iowa State Supreme Court Chief Justice John forest Dillon, holds that local governments including counties and municipalities are creatures of the states and all their powers derive from the state government
Cooley Rule
Dillon’s Rule was challenged in 1871 by judge Thomas Cooley of the Michigan Supreme Court. The rule held that municipalities possess some inherent rights of local self government.
Commission form
a five-member commission consisting of three members appointed by the governor and two members elected by the voters of Galveston.
Mayor-Council Form
Consist of a mayor and a number of council members or alderman. The mayor is elected at large by the cities voters, and the city is divided into wards or aldermanic districts from which the resident voters elect their representatives to the city Council. The mayor presides at Council meetings and is the chief executive officer of the city in his services as head of the police force and budgetary officer of the city.
Strong mayor form
Grants the mayor power to appoint and remove department heads, prepare the city budget for consideration by the council, and to veto counsel proposals
Weak mayor form
Grants the mayor limited powers over the budget; divides power so that the mayor share his executive and legislative power with other elected city officials in the counsel; limits the number of terms the mayor conserve; and allows the mayor little or no veto authority.
Council-manager form
The most popular system of city government in both the United States and Texas. Generally consist of an at-large elected mayor who presides over the city Council, and the other council members elected at large or by a place or district within the city.
Brazos river authority
Created in 1929 was the first state agency in the United States specifically created for the purpose of developing and managing the water resources of an entire river basin
Lower Neches Valley Authority and Trinity River Authority
Operates within Tyler, Hardin, liberty, chambers, and Jefferson counties and serves the watersheds of the Neches River and its tribute Terry is occupying an area of approximately 10,300 square miles. The TRA is a special purpose district that provides conservation and recall omission of water for the reservoir and creation facilities that are located within nearly 18,000 square mile area and comprises the Trinity River basin. The TRA was created in 1955 by an act of the Texas Legislature.
