Transcript Intergovernmental Relations Chapter 3

Chapter 3: Texas
Government and Politics
in the Federal System
Structuring Regional and
National Interests
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Over 89,000 governmental units are in
the United States, with over 500,000
elected officials.
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Texas has 254 counties, 1,209 municipalities,
over 1,200 school districts and over 2000
other special districts.
Three ways to organize a nation
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Unitary
Confederation
Federalism
Unitary Governments
Characterized by a Central or national government and
sub-national government geographically distributed.
Think of this like ‘franchises’
Most governments today have adopted this form
Federal Governments
Characterized by a Central or national government and
constituent governmental units (states or provinces, for
example)
Powers are shared (concurrent) but are also reserved
to each level, depending up on the contractual
arrangement described in the governing document (i.e.
Constitution)
Confederal Governments
Characterized coalition of ‘states’ or some other unit that
retains sovereignty, allocating limited powers to a national
or central government.
This was how the US operated prior to the adoption
of the US Constitution.
Switzerland is the modern example for this type today.
Discussion Question
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Choosing a Framework for Allocating
Authority and Responsibility
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What are the strengths and weaknesses of a
unitary government?
What are the strengths and weaknesses of a
confederation?
What are the strengths and weaknesses of a
federal system (federalism)?
Defining Federalism
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Federal-State Relationships from a
Constitutional Perspective
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Vertical Federalism
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Article I, Section 8, Paragraphs 1–17
Article I, Section 8, Paragraph 18
Article IV (constitutional guarantees to the states)
Supremacy Clause of Article VI
Powers denied to the levels of government
Tenth Amendment (reserved powers)
Defining Federalism
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Relationships among the States
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Horizontal Federalism
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Full Faith and Credit
Privileges and Immunities
Extradition
Interstate compacts deal with issues of
mutual concern.
Metaphors for Federalism
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Dual Federalism
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Federal, state, and local government function
independently of each other.
Metaphor: Layer-cake theory
Cooperative Federalism
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Governments coordinate, collaborate, and
cooperate to meet shared goals and objectives.
Metaphor: Marble-cake theory
Changes in the
State/Federal Relationship
WHY?
•Economic or Social Tumult---Examples?
•War----Examples?
•Societal Values----Examples?
Changing Patterns in
Federal Relationships
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State-Centered and Dual Federalism
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States take primary responsibility for
domestic policy.
Adversarial relationship between the states
and the national government on some issues
State and federal powers demarcated
through court cases and statutory laws
Changing Patterns in
Federal Relationships
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Cooperative Federalism
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Expanded federal role in domestic policy
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New Deal policies
Use of commerce and national supremacy clauses
Federal funding used to shape and
implement domestic policies
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Categorical Grants-in-Aid
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Project grant
Formula grant
Changing Patterns in
Federal Relationships
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Centralized Federalism
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Kennedy and Johnson administrations
Referred to as coercive or regulatory
federalism
Programs bypassed states and gave funding
directly to local governments.
Changing Patterns in
Federal Relationships
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The Multiple Phases of New Federalism
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The Nixon Years (1969–1974)
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Nixon’s New Federalism
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Consolidate categorical grants into block grants
Revenue sharing
Federal spending and regulatory powers actually
increased.
Changing Patterns in
Federal Relationships
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The Multiple Phases of New Federalism
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The Ford (1974–1977) and Carter (1977–
1981) Years
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President Ford expanded revenue sharing and
block grant usage.
President Carter redirected money to local
governments through urban development
initiatives.
Changing Patterns in
Federal Relationships
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The Multiple Phases of New Federalism
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The Reagan (1981–1989) and Bush I (1989–
1993) Years
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Ronald Reagan
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Congressional mandates and preemptions continued.
George H. W. Bush
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Clean Air Act amendments
Americans with Disabilities Act
Education of the Handicapped Act amendments
Changing Patterns in
Federal Relationships
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The Multiple Phases of New Federalism
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The Clinton (1993–2001) Years
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Deficit reduction
“Devolution Revolution”
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Unfunded Mandates Reform Act
Welfare reform (1996)
Motor-Voter Law of 1993
Family and Medical Leave Act of 1993
Defense of Marriage Act (1996)
Changing Patterns in
Federal Relationships
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The Multiple Phases of New Federalism
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The Bush II Years (2001–2009)
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Centralization continued in the post-9/11 era.
Increased federal role in domestic security
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Homeland Security Department
USA Patriot Act
Standardization of state driver’s licenses
No Child Left Behind
Changing Patterns in
Federal Relationships
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The Multiple Phases of New Federalism
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Obama (2009– ) Years
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Patient Protection and Affordable Care Act of 2010
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Twenty-six states (including Texas) objected to
expanding Medicaid and requiring all Americans to get
health insurance.
The law required the states to create health exchanges to
assist individuals in shopping for insurance coverage.
The case has not been decided yet, but states argued that
the law was an unconstitutional intrusion into state
authority.
Changing Patterns in
Federal Relationships
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The Role of the U.S. Supreme Court in
Defining Federalism
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Federal courts define power, authority, and
jurisdiction in the federal system.
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Conservative courts expected to promote a
pro–states’ rights viewpoint.
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No consistent pro-state trend in recent court
decisions
The Impact of Federalism on
State Finances
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Federal funds were $72.6 billion (39%) of
the $187.5 billion 2010–2011 state
budget.
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Health and human services received 58
percent of all federal funds allocated to
Texas.
Business and economic development
programs received 16 percent and education
programs received 19 percent.
Reactions to the Expanded
Role of the Federal
Government
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Americans Sometimes Resist or Object to
Conditions of Federal Funds
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Stipulations of a grant may require an action
in a totally different area of public policy.
People may develop negative attitudes
toward social welfare programs.
Transnational Regionalism
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Maquiladoras
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Created by Mexico’s Border Industrialization
Program (1964)
Created twin plants
Reduced tariffs, transferred technology, and
created jobs on both sides of the border
Spurred population growth along the border
region
Transnational Regionalism
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The North American Free Trade
Agreement (NAFTA)
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Treaty among the United States, Mexico, and
Canada to reduce tariffs and increase trade
Concerns about NAFTA
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Low labor and capital costs in Mexico will
threaten U.S. markets as more jobs move to
Mexico.
Safety problems related to highways and Mexican
trucks
It will compound air and water pollution
problems.
Transnational Regionalism
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The North American Free Trade
Agreement (NAFTA)
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Trade Patterns between Texas and Mexico
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United States and Texas profit from Mexico’s
prosperity.
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Imports from Mexico make it our third largest trading
partner.
Laredo has become the nation’s largest inland port.
Transnational Regionalism
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Illegal Immigration
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In 2011, 11.5 million folks were in the United
States illegally.
Federal Government Laws and Policies
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Immigration Reform and Control Act of 1986
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Made it illegal for U.S. firms to hire illegal immigrants
Increased penalties for smuggling illegal immigrants and
using fraudulent documents and made it easier to detain
and deport illegal immigrants
Transnational Regionalism
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Undocumented migration
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In 2011, 1.8 million folks were in Texas
without legal status.
State Actions
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Penalties for companies that hire illegal
immigrants, and restrictions on immigrants’
access to higher education, public services, and
driver’s licenses
In 2011, the Texas legislature required that
people prove U.S. citizenship or legal residence
in order to obtain or renew a driver’s license.
Transnational Regionalism
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Border Drug Violence
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Mexico’s ability to fight the drug problem
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Increase in drug-related violence
Alleged collusion between high-ranking Mexican
officials and drug smugglers
Transnational Regionalism
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Common Borders, Common Problems
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Political corruption in Mexico
Drug-related violence
Human rights violations
Water disputes
Health and environmental issues
Binational families
Colonias
Copyright, patent, and insurance issues