Federalism - Part One PDF

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Taught by Professor Dillard at TAMUCC...

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Federalism September 12, 2016 

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People think Texas is the only one that is able to succeed, but that is not true  Texas cannot leave the United States (unless laws are changed, which is highly unlikely)  The colonies used to have to supply their own money and resources for their own colony (the United States are)  Texas is the 28th state in the United States (1845)  Texas would be 46th largest country on its own  Texas would be equivalent to Australia  Texas could legally turn itself into 5 different states  North Texas  South Texas  East Texas  West Texas  Austin Secession – the process of a government or political jurisdiction withdrawing from a political system or alliance  If states are autonomist, they should be able to succeed, but that’s not how a country is able to work Federalism – political system in which national and regional governments share powers and are considered independent equals  United States has the system that allows leeway for many states  Education should be only controlled at a state and local level  The United States Education system robs the states of their power Legitimacy – general public acceptance of government’s right to govern; the legality of a government’s existence conferred by a constitution  Alexander Hamilton and others “advertised” the greatness of the Constitution which made it legitimate among the people  Statists – study the state and discover that the ultimate entity is allowed to use force  The Government is the only one legally allowed to arrest or kill people in the United States Division of Powers – in a federal system, the granting of certain powers to the national government and others to the regional or state governments  Most of our fights have been over rights that the state and country can get  (HOW IT WORKS: SYSTEM OF GOVERNMENT on Blackboard) Expressed Powers, Delegated Powers, Enumerated Powers – powers explicitly granted by the U.S. Constitution to the national government

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Implied Powers – powers delegated to the national government as a result of interpretation of the “necessary and proper” clause of the U.S. Constitution

There must be something that says “this is doable by the national government”, but there is a clause that lets the government do it anyway Exclusive Powers – powers delegated to the national government, but not to the states Reserved Powers – powers belonging only to the states and not shared with the federal government Concurrent Powers – powers shared by the national government and the states  Medicare and Medicaid (need help from the States)  Affordable Care Act  Disaster Relief (i.e. Hurricane Katrina) Supremacy Clause – Article VI of the U.S. Constitution, which makes the national constitution and laws supreme when they conflict with state and rules and actions Tenth Amendment – U.S. Constitution provision that all powers not delegated to the national government are reserved for the states and the people – the basis for states’ rights arguments 

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