Agenda

• Today: Federalism

• Next class: Texas Constitution

    - Homework start (50% by class time): 

  Chapter 03 The Texas Constitution in Perspective - Begin by February 3

Announcemnts

Review

• The unique tool of government is coercive use of violent force
• Organized violence is a dangerous tool

Important question

The Constitutional Answer

Separation of Powers

The [US] Constitution was devised with an ingenious and intricate built-in system of checks and balances to guard the people’s liberty against combinations of government power.

National Center for Constitutional Studies: https://nccs.net/

Splitting up power to prevent abuse

• Separate power among competing groups with different interests
• The power of one group balances the power of competing groups
• The competing interests force the groups to check (reduce, restrain, control, limit, constrain, curb) each other’s power

How is it split

• Three branches of government

    - legislative
    - executive
    - judicial

• Two chambers in the legislative branch

    - House of Representatives
    - Senate

How is it split: federalism

Two levels of government:

    - federal 
    - state
    

Federalism

Extra Credit Question

• The 13 original states claimed the status of independent sovereign in the Declaration of Independence states. True or False?

  • A. True
  • B. False

Extra Credit Question

Answer: True

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States…

States - plural, not “A Free and Independent State” singular

What protected the interests of the states under the Constitution?

• The Senate was intended to represent the interests of the states

• This was a compromise between large and small states

• This was necessary to pass the Constitution because:

    - the states were sovereign entities, essentially independent nations
    - the states had to ratify the Constitution
    - the states were the original source of the federal government's power

What protected the interests of the states under the Constitution?

• The Senate was intended to represent the interests of the states

• This was a compromise between large and small states

• This was necessary to pass the Constitution because:

• The Electoral College

    - Partially based on Senate representation and partially on population 
    - reflected the large state small state compromise

What protected the interests of the states under the Constitution?

• The Senate was intended to represent the interests of the states
• This was a compromise between large and small states
• This was necessary to pass the Constitution because:
• The Electoral College
• Federalism

Federalism: National and State Power

Source: https://mlpp.pressbooks.pub/pol111mhs/chapter/3-1-federalism-as-a-structure-for-power/

Federalism: National and State Power

• Original states were sovereign countries

Federalism: National and State Power

• Original states were sovereign countries
• States kept all powers not expressly given to the federal government

Federalism: National and State Power

• Original states were sovereign countries
• States kept all powers not expressly given to the federal government
  
• Police powers: laws regulating most major issues like:

State Powers

• Assault, battery, kidnapping, almost all crimes of violence

State Powers

• fraud, robbery, trespassing, almost all crimes against property

State Powers

State Powers

Most laws relating to contracts, types of businesses, liability, and more

State Powers

State Powers

Intrastate is within a single state’s borders

Extra Credit Question 2

Which of the following is a power of the states?

- A. Regulating commerce with other states (interstate)
- B. Regulating foreign commerce
- C. Regulating commerce within the state (intrastate)
- D. Regulating the military

National Powers

• Constitution gave explicit powers to the federal government

Source: https://www.youtube.com/@CareyLaManna

Bill of Rights

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.

• 10th Amendment to the United States Constitution

Bill of Rights

Extra Credit Question 3

Which of the following is a power of the states?

- A. Regulating interstate commerce
- B. Regulating foreign commerce
- C. Regulating intrastate commerce
- D. Regulating the military

Texas Constitution Article I: Bill of Rights

Sec. 1. FREEDOM AND SOVEREIGNTY OF STATE. Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.

Texas Constitution Article I: Bill of Rights

• Subject only to the Constitution of the United States

    - not "Subject to the Congress of..."
    - not "Subject to the President of..."
    - not "Subject to the Supreme Court of..."
    - not "Subject to the Armed Forces of..."

• “only to the Constitution of the United States”

Next time more on the Constitution of Texas!

Authorship and License

• Author: Tom Hanna

• Website: tomhanna.me

• License: This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.