Week 2 - Texas in the Federal System Flashcards
What is the definition of federalism?
A system of government in which power is divided between a central authority and constituent political units (such as states in the U.S.).
What is the “public policy exception” in the context of the “full faith and credit” clause, and how did it apply during the coronavirus pandemic?
It allows states to refuse to enforce laws or judgments from other states if they violate their own public policy. During the pandemic, states could refuse to enforce another state’s public health mandates (e.g., mask-wearing requirements) if they conflicted with their own policies.
What does the 10th amendment say about state power?
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.
What are the powers of the state government in terms of decision making? Provide an example to support your answer.
State governments have powers over matters not explicitly delegated to the federal government, such as education, transportation, and public health. Example: States can set their own policies regarding school curricula and public health measures like vaccination requirements.
What was a major test of the “supremacy clause,” and what was the outcome for Texas?
The Civil War was a major test. After the war, Texas had to accept the U.S. Constitution as the supreme law, end slavery, and recognize the rights of formerly enslaved people.
What are the Civil War amendments?
The Civil War amendments are the 13th, 14th, and 15th amendments:
13th Amendment: Abolished slavery.
14th Amendment: Granted citizenship and equal protection under the law to all persons born or naturalized in the United States.
15th Amendment: Prohibited denying the right to vote based on race, color, or previous condition of servitude.
What legal changes was the state of Texas required to make after the War of the Slaveholder’s Rebellion (aka Civil War)?
Texas was required to end slavery, recognize formerly enslaved people as citizens, and allow African American men to vote, in accordance with the 13th, 14th, and 15th amendments.
What is the “equal protection clause” and where is it found in the U.S. Constitution?
It is part of the 14th Amendment and ensures that no state shall deny to any person within its jurisdiction the equal protection of the laws.
Define the concept of “separate but equal.” What U.S. Supreme Court decision upheld this concept.? What U. S. Supreme Court decision overturned this concept?
“Separate but equal” justified racial segregation as long as facilities were purported to be equal. It was upheld by Plessy v. Ferguson (1896) and overturned by Brown v. Board of Education (1954).
What is the definition of racism used in this course?
Racism is defined as race prejudice plus power. It involves beliefs in white superiority and the use of power to dominate, discriminate, and destroy non-white individuals and cultures.
What are the four main sources of conflict between Texas and the national government?
Immigration and border security, voting rights, abortion, and public health mandates.
