Unit 4-FEDERAL & LOCAL GOVERNMENT
PART A CHANGING FEDERALISM
1. DEFINE AND DISCUSS THE SIGNIFICANCE OF THE FOLLOWING:
a.
b.
c.
d.
e.
exclusive powers (L)
concurrent powers
reserved powers
10th amendment
supremacy clause
f.
g.
h.
i.
j.
k.
John Marshal
urbanization
implied powers
Necessary and proper clause (p. 54)
Full faith and credit clause
privileges and immunity clause
Federalism and constitutional provisions
Article I - Section 8- listed powers of the national government
Section 9- listed powers prohibited to the national government
Section 10- listed Powers prohibited the state.
Article VI Supremacy clause- United States Constitution is the supreme law of the land
And federal law is supreme over state law.
th
10 Amendment Reserved powers - only place in the constitution where you will find a
reserved powers to the state. And it reads: (next page)
10th Amendment
THOSE 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 = a very broad, vague definition of state powers
.
(Important Point: The common interpretation of the tenth amendment is that the majority of
governmental responsibility lies with the state. The state governments should have more
responsibility and have more to do with what effects your daily life. )
2. TRACE THE DEVELOPMENT OF FEDERALISM AND THE EIGHT METHODS BY
WHICH FEDERAL POWERS EXPANDED.
Eight Methods Used to expand nation power
1. JUDICIAL REVIEW Power of the courts to determine the constitutionality of a government
action or law. – federal, state, or local
- This protects the national governments powers from being infringed upon by the states.
- Prevents the passing of law that infringes upon the constitution and the national government.
- (Elastic Clause) if a power is listed in the constitution then it is enumerated.
2. NECESSARY AND PROPER CLAUSE #20. CONGRESS HAS THE POWER TO MAKE
ALL LAWS NECESSARY AND PROPER FOR CARRYING INTO EXECUTION THE
FOREGOING POWERS (HELPFUL IMPLIED POWERS)
McCulloch vs. Md. 1819:
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Courts ruled that John Marshal said an 1819 supreme court decision gives the national
government implied powers. (Not actually mentioned in the constitution) Without this
clause, if a power was not listed in the Constitution Congress could not pass a law on that
issue or problem. – we would have to constantly amend the Constitution to allow the
national government to do things not specifically written in the Constitution.
3. Interstate commerce clause
Trade, Between the states, National Government can be regulated by the national
government. Interstate Commerce- commercial intercourse, any movement across state
lines.
4. Taxation power
Sin tax placed on things we don't approve of or is unhealthy.
Tariff Tax charged to imports. To influence your behavior. Discourages or encourages.
Regulatory tool. Tax deductions.
5. Power to spend for "the general welfare"
Most social programs are based on this clause.
6. Fourteenth Amendment- Added after the civil war.
Equal protection clause- No state shall deny to any person within its jurisdiction
the equal protection of the laws. End discrimination.
Due process clause- No State shall deprive any person of life, liberty, or property, without
due process of the law. – requires state police and courts to follow
national guidelines – Ex: cops must read suspects their Miranda
Rights before questioning, poor defendants must be given a courtAppointed attorney.
7. Right to privacy
Implied right established in 1960 by the Warren Court. There are certain parts of our lives that
are so private and personal that no government has any business making laws or regulating it.
Protected
 Birth control devices cannot ban sale, mailing, etc.
 Wiretapping Need a search warrant (court order) right to
 Right to possess pornography in your home.
 Women's abortions
Not Protected
 Drug laws
 Deviant sexual behavior not protected -Sodomy laws make this illegal
8. Federal aid
Forces us to do something we might not have originally done.
Speed limit
Drinking age
Integration of Schools
Full faith and credit clause - every state has to recognize court proceedings and practices in all
other forty-nine states.
Privileges and Immunities clause - New residents have the same rights as natives.
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3. DISCUSS THE THREE TYPES OF FEDERAL AID PROGRAMS & THE
FEATURE OF EACH:
Three types of Federal Aid Programs
1. Categorical Grants
90% of today’s financial aid comes from this source
History – first use or purpose - $ for states to pave highways - 1904
During the Great Depression (1930s) FDR implemented the New Deal. Its purpose was to help
states deal with problems of the depression. – Through categorical grants
Application: Yes
Federal regulations: Extensive (money)
Paper Work: Lots
Matching Requirements: 10-30% must be contributed by state or local government. The federal
government pays 90-70% - No federal $ is received unless state or local government puts up some
of its own $ first.
How to Use $: For one specific purpose
Additional Information: 90% of the $ federal government gives out is categorical grants
2. Block Grants
History: began in 1966 LBJ’s Great Society Attack
Purpose: To solve social problems of The 1960s & 70s.
Application: Yes
Federal Regulation: Less Regulation* than categorical grants
Paperwork: Less but still exists
Matching Requirements: Yes – 10-30%
How to Use $: More flexibility more freedom more choice than in categorical grants
Additional information: 10% of all federal aid today.
3. Revenue sharing
History: began in 1972 under Nixon
Purpose: To reduce the role of federal government & encourage state & local governments to do
more for themselves & be less dependent on the federal government.
Application: No
Federal Regulations: Almost no Regulations – fewest of 3 federal aid programs.
Paperwork: Very little
Matching Requirements: None
How to Use $: 1/3 for the state, 2/3 for all local government -$ could be used in eight broad areas.
Additional information: 6-7% of all federal aid – but – used it and phased out in 80’s under
President Reagan.
Proof of our growing reliance in the federal government:
In 1995 –66% of all government spending is by federal government.
19% - by state governments
15% - by local governments
Compared to:
In 1929 – 60% of all government spending run by local government
23% - by state government
17% - by federal government
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The six fiscal impact of older programs include:
1. Imposition of national goals
A. Raise Drinking Age to 21
B. End Discrimination
C. 55mph speed limit
D. Integrated, Equal School->Busing
2. Force states to do things otherwise might not do
3. Redistribute effect- Help poor states Cities
4. Paperwork- slower and more expenses.
5. Matching requirements- must come up with some of out own money first.
6. More aid to urban areas – rural areas did not receive their fair share
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UNIT 4 – PART B
Local Government
3. DISCUSS THE STRUCTURES AND 2 BASIC FUNCTIONS OF COUNTY
GOVERNMENT.
County government came from England and was set up for two functions:
1. Help the state government carry out state functions – as an administrative sub unit of
State government
 Collect Taxes – automobile license sticker, title transfer
 Law Enforcement
 Elections, voter registration, printing ballots, counting votes
2. To provide services, especially, for those people living outside city limits.
 Road and bridge maintenance
 Law Enforcement
 County Hospital
 Parks and Recreation
 Library
Commissioners court – The governing body of the county composed of 5 officials
1. A county judge – elected county wide – and 4 commissioners elected officials with staggered 4year terms, elected by the county precincts they are living in
 Set county Tax
 Decide what federal aid your county will have
 Hiring and firing of county agricultural extension agent health officer, etc.
 Decide county budget and decide what services will be offered
2. County Sheriff – Runs jail and enforces the law
3. County clerk – Keeps Public Records
 Birth Certificates, marriage licenses, death certificates
4. County attorney – Legally advising the County & represents county in court
5. County Treasurer – Signs Checks to pay for Da Bills
6. Tax assessor collector – Transfer titles, tax collection and assessment
7. County Surveyor – Handles property disputes, surveys land
8. County Auditor – Past 35,000 population. Does a check on Treasurer’s checks and needs two
.
– Appointed by district judge – a check and balance on treasurer
9. Justice of the peace – Pronounce death, conduct marriages, and preside over lowest court.
Handles misdemeanors & traffic violations.
10. Constable – Serves papers and warrants, subpoenas
Major source of county Revenue and Major expenses:
The major source of funding is property tax. Roads and bridges are usually most expensive and
then law enforcement, coming in second.
 Roads and bridges
 Law enforcement
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Problems of County Government
1. No flexibility in structure of county government – all 254 counties in Tx. Basically have the
The same structure despite varying populations and needs
2. No chief executive or leader for your county
3. States mandate that county provides certain services and standards and then doesn’t provide
money for it. Ex: Texas Jail standards Act.
4. No power to pass ordinances (county laws)
5. DISCUSS THE GENERAL LAW AND HOME RULE CITIES.
1. General Law – under 5,000 in population with no choice-must be a general rule city.
Once the population of 5,000 exceeded then it can become a home rule city by popular vote.
2. Home rule cities
 More freedom from the state government
 Can set higher taxes & thus offers more services
 Can annex larger areas of land in to the city limits
 Can write their own city charter. City charter is a city constitution.
City Governments- Creations of your state government. There are rules for how to incorporate
one. States regulate how cities are run based on state law and state constitution.
6. COMPARE – CONTRASTS OF THE FOUR MAJOR TYPES OF CITY
GOVERNMENT.
1. Strong Mayor-City council Form
 elect strong full time Mayor and City Council
 City Council has less power
 Mayor can hire and Fire all Department Heads.
 Mayor develops the city budget. Subject to councils approval
 City planning responsibility of the mayors office.
 City Mayor Presides over all council meetings and can veto any council Decisions.
- Advantage: strong leadership
- Disadvantage: mayor too powerful?
2. Weak Mayor-Council
 People elect part time mayor and council.
 Most of the power laying in the hands of city council
 Council hires and fires department heads and creates the budget
 Council does the city planning
 The Mayor is a Figurehead with the power to cast a tie breaking vote on the city council.
- Advantage: less expensive form of city government
- Disadvantages: weak leadership.
3. The Commission Form
 Voters elect a board of commissioners with no mayor.
 Each year a different commissioner rotates into the Mayor position.
 Each Commissioner is a Department Head
 In its dying day because of the loss of city welfare concern healthcare
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