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CHAPTER 2
Texas in the Federal System
LEARNING OUTCOMES
2–1 Differentiate among federal, unitary, and confederal forms of government, and identify
three types of powers found in the U.S. federal system.
2–2 Explain the constitutional bases and the development of dual federalism and cooperative
federalism.
2–3 Describe how federalism has affected the development of our civil liberties and civil
rights, particularly through the rise of the incorporation doctrine and the fall of the
separate-but-equal doctrine.
2–4 Evaluate recent federalism controversies involving Texas, including those surrounding
coercive federalism, unfunded mandates, health-care reform, and same-sex marriage.
SUMMARY OVERVIEW
If one was to make a list of topics that must be understood for a proper grasp of how government
in America works, federalism would be near the top of the list. This system, created by the
framers of the U.S. Constitution, was the fruition of their experience and their concern about
government power concentrated in the hands of one or of the few.
Their experience taught them that a unitary government could be distant and undemocratic, yet a
confederacy (where the states have almost all of the power) was dysfunctional and in many ways
unaccountable to the people. The framers also had a very rocky relationship with government
power: King George III of Great Britain ignored their concerns and none of the colonists were
represented in British Parliament.
Thus, the framers sought to alleviate their concerns and by most accounts, they did a masterful
job. They created a system that is a medium ground between a unitary government and a
confederacy, and a system where government power is spread around and ultimately
more democratic.
In this chapter, we will explore the system of federalism and then look at how federalism affects
Texas. In the first section, we will delineate between federal power and state power. Although the
powers of the federal government are clearly defined in the U.S. Constitution, where federal
power ends and where state power begins is not always clear and is constantly evolving. Next, we
will explore the evolution of federalism. This is not a static system; it is constantly changing, and
there have been many events in our nation’s history that have shifted the balance of power.
Third, we will examine what role federalism has played in civil liberties and civil rights. This
became a dominant issue in the 1950s and 1960s, as both the states and the federal government
were forced to deal with fundamental issues related to basic individual rights such as equality and
fairness. Finally, we will look at specific issues related to Texas and federalism. Texas has
traditionally found itself at odds with the federal government, and that is still true today, with
such hot-button issues as healthcare and immigration.
So much of what we Americans argue about when it comes to politics is the proper balance of
power between the federal government and the states. In fact, that argument is older than this
country: it is exactly what the Federalists and Anti-Federalists were arguing about when the
Constitution was formed. The issues today are different, but the principles are the same.
Just a quick glance through history will demonstrate how vital federalism is to the functioning of
our country. The Civil War was fought over federalism: should states have the right to legalize
slavery, or should the federal government have the right to tell them that they can’t? Do states
have the right to enact immigration laws, or is that the proper purview of the federal government?
Does the federal government have the authority to enact a national education law, such as No
Child Left Behind, or is that the proper role of the states?
The system of federalism will always have its critics. It is important to remember, however, that
while constantly evolving, it continues to work quite well and adapt to the ever-changing needs of
the American people.
CHAPTER OUTLINE
TEXANS IN CONFLICT Should States Have Their Own Illegal-
Immigration Laws?
2.0 Introduction
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