Instructor's Manual to Accompany:
The World of Texas Politics
Chapter 2: Federalism and the Texas Constitution
Outline:
I. A Tale of Two Jurisdictions: How the school finance problem was
solved.
II. The Federal System
A. States in the Constitution: The roles of the states.
B. National Government in the Constitution: The role of the national government.
C. Centralization by Interpretation: The Supreme Court at work.
1. Implied Powers: From the necessary and proper clause.
2. Treaty Powers: See the supremacy clause in Article VI.
3. Commerce Powers: Everything a good Congress needs to do its job.
4. Taxing and Spending Powers: How to coerce the states.
5. Due Process Clause: Property rights come first.
6. Equal Protection Clause: People come second – or third, or later.
D. Federalism in the 1990s: Less federal money and higher state taxes.
E. Texas in the Federal System: Making do with less than in the 1960s.
III. The Texas Constitution: The source of major governing difficulties.
A. Constitutional Government: Limited government.
B. Texas Constitutions: 1836-1875: Some were not so bad.
C. The Texas Constitution of 1876: Much worse than the others.
1. Standard Provisions: Things most states have.
2. Powers and Restrictions: Few powers; plentiful restrictions.
3. Miscellaneous Provisions: Confused and mostly unnecessary.
4. Weaknesses: Government paralyzed.
5. Amending the Constitution: 364 times.
D. Constitutional Revision: Overdue.
1. Wholesale Revision: Rejected in 1974-1975.
2. Incremental Revision: The only way to go.
IV. Summary and Conclusion: Texas is ill-served by an exceptionally weak government.
V. The End of the Tale: Let someone else do it.
Summary:
Chapter 2 defines federalism and explains how the U.S. Constitution provides for the roles of both the national government and the state governments in the federal system, and how those roles have changed through interpretation. The reader is shown how the federal system has evolved and how the State of Texas relates to the national government as we near the end of the millennium. In the second part of the chapter constitutional government is defined, the history of Texas constitutions is reviewed, and the structure of the current constitution is examined. The theme of the chapter is that the Texas Constitution is badly flawed because it is too specific, too restrictive, and an inadequate basis for effective state government in the twenty-first century.
Discussion Topics:
1. Why has the American political system tended to make more of the important policy decisions and to locate more government programs at the national level in this century?
2. What role has the United States Supreme Court played in the process of centralizing political power?
3. Why is the current Texas Constitution written the way that it is?
4. Why has constitutional revision been so difficult to achieve in Texas?
Individual or Small Group Projects:
1. Contact the county judge, the mayor, and the school superintendent in the county, city, and school district where your college or university is located and compile a list of local government activities that receive at least some financial support from the national government.
2. Go to the reference room in your college or university library and look up a copy of the Model State Constitution. Make a list of the differences between the Model State Constitution and the Texas Constitution.
3. Go to the reference room in your college or university library and obtain copies of the constitutions of other states, such as New York, California, Florida, and Alabama. List differences and similarities between these constitutions and the Texas Constitution.
Essay Questions:
1. Identify and explain three ways in which the Texas Constitution contributes to the weakness of state government.
2. Why has it been so difficult to achieve major revision or replacement of the Texas Constitution?
3. In what ways has the national government forced the State of Texas to reform its policies and programs?
4. Identify and explain at least three consequences of having a weak state government?
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