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Federalism
 Division of power between national and
regional governments
 “A system of states within a state”
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Distribution of Powers
 Powers divided between state and federal
governments
 Tenth Amendment
 National supremacy clause
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
Distribution of Powers
■ Constitutional Powers of the National
Government

Delegated Powers
■
■

Powers specifically delegated to the national
government
Found under Article 1 Section 8 of the U.S. Constitution
Implied Powers
■
Necessary and proper clause
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
Distribution of Powers
 Constitutional Guarantees to the States
 States
may not combine or divide without permission.
 Each state gets two members in the Senate and at
least one member in the House.
 Each state gets one electoral vote for each senator
and U.S. representative.
 States participate equally in the amendment process.
 States are protected from invasion and domestic
violence.
 Texas crimes will be tried in Texas.
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
Distribution of Powers
 Constitutional Limitations on the States
Article I, Section 10 U.S. Constitution
 Texas v. White
 The Fourteenth Amendment and the incorporation
theory

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
Interstate Relations and State Immunity
 Article IV
 Privileges
and immunities clause
 Full faith and credit clause
■
Same-sex marriage ban
 Eleventh Amendment
 Sovereign
immunity
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
State Powers
 Not defined in U.S. Constitution

Reserved Powers – Tenth Amendment




Police power
Taxing power
Proprietary power
Eminent domain
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
Federal-State Relations
 Texas resists national control over state
power.
 Federal grants-in-aid
 Devolution
 Block grants
 No Child Left Behind
 Abortion and Planned Parenthood
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
Historical Developments

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

Constitution of Coahuila y Tejas 1827
Constitution of Republic of Texas 1836
Texas Constitution 1845
Secession Constitution of 1861
Reconstruction Constitution of 1866
Texas Constitution 1869
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
Historical Developments
 Drafting the Constitution of 1876
75 Democrats and 15 Republicans elected to the
Constitutional Convention
 “Retrenchment and Reform”
 Restricted the powers of the 3 branches of
government, reduced public services
 Supported by the rural population

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
Historical Developments
 Distrust of government and its legacy


Texas lawmakers are restricted to powers spelled
out in the state constitution.
Provided for a weak governor
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

Texas Constitution has lasted more than
135 years.
Has undergone many amendments,
many of which should be resolved by
statutes
 Proposition 2 on same-sex marriage
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
Constitutional amendment process
 Must be adopted by two-thirds vote in each
chamber of legislature and approved by
majority vote in regular or special election

Initiative
 Not allowed in Texas at the state level
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
Constitutional Revision
■
Began soon after adoption in 1887
■ 1969 revision
■ 1971 revision

■
1974 Constitutional Convention

■
Amendment removed 56 obsolete provisions
Right-to-work provision
1975 Constitutional Revision Resolutions

Rejected by the voters
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More Revision Attempts
 1995 Montford Plan
 1999 Ratliff – Junell Draft
 2010 – Roy Walthall leads team to
reorganize and shorten constitution

Piecemeal Revision
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
The Bill of Rights
 Constitutional rights against arbitrary
governmental actions

Includes freedom of speech, press, religion, assembly,
and petition
 Rights of criminals and victims
 Equal rights for women

Texas Equal Legal Rights Amendment (ELRA)
 Additional protections
 Philosophical observations

Have no direct force of law
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
The Powers of Government and
Separation of Powers
 Article II – separation of powers
 Article III Legislative Department
 Article IV Executive Department

Governor shares powers with lieutenant governor,
attorney general, comptroller of public accounts,
commissioner of the General Land Office
 Article V Judicial Department
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
Suffrage
 Article VI

Local Governments
 Article IX and others
 Creates local and county government structures
 Defines municipalities and specials districts

Other Articles
 Cover education, taxation, railroads, private
corporations, public lands, impeachment,
general provisions, and mode of amendment
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1. Summarize the constitutional powers of
the federal government, as well as the
constitutional guarantees for (and
limitations on) the states.
2. Analyze the constitutional powers
affecting federal-state relations, as well
as the state’s powers.
3. Evaluate the evolving nature of the
balance of power between the federal
and state governments.
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4. Summarize the characteristics of the
present-day Texas Constitution and how
each of the state’s previous constitutions
shaped its content.
5. Analyze the amendment process,
focusing on recent constitutional
amendment elections as well as attempts
to revise the constitution.
6. Explain the basic sections of the Texas
Constitution.
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