Federalism powerpoint
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The document outlines the 5 types of powers divided between the national and state governments under the US Constitution: 1) Enumerated powers given to the federal government such as declaring war and coining money 2) Expressed powers which are enumerated powers given specifically to Congress like declaring war 3) Reserved powers given solely to state governments like operating schools and issuing licenses 4) Concurrent powers shared between states and federal government like making laws and borrowing money 5) Implied powers not explicitly written but suggested by the Constitution, allowing Congress to accomplish expressed powers, like building a mint to coin money.
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within the borders of that governing system. The nature of the constitution is a reflection of their values and traditions.
The United States Constitution, and in turn the state constitutions, is based on the republican tradition that developed
over time in Britain, and included the common law. Texas, as we will see below, was rooted initially in Spanish law, and
Jacksonian democracy. The structure of the United States Constitution, written in the summer of 1787, was influenced
by the 13 state constitutions written after independence was declared from Britain. It then provided a model for all
subsequent state constitutions including Texas.
The original document was organized as follows:
Preamble Which states that the constitution has been ordained and established by the people of the United States.
Article One Vests the legislative powers in a bicameral Congress.
Article Two Vests the executive power in a single person, the president.
Article Three Vests the judicial power in a Supreme Court, and inferior courts established by Congress.
Article Four - Establishes the relationships between the states, and authorizes the creation of new states.
Article Five The amendment process
Article Six The national supremacy clause
Article Seven the ratification process
27 Amendments, including a Bill of Rights, have been added since then.
The national document is brief, vague and limited in its scope.
What is a State Constitution?
Each of the 50 states have their own constitutions which allow for the organization of state governments according to
their own wishes, in accordance with what is allowable by the national constitution, specifically that they establish
republican governments. Local governments are organized under charters, which are similar to constitutions, except
t ...02THE TEXAS CONSTITUTION 2.9 ArticlesArticles of the Texas.docx
02THE TEXAS CONSTITUTION 2.9 ArticlesArticles of the Texas.docxmercysuttle
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02
THE TEXAS CONSTITUTION / 2.9 Articles
Articles of the Texas Constitution
The Texas Constitution consists of a preamble followed by 17 articles, starting with the bill of rights (Article I) and ending with the mode of amendment (Article XVII). The articles cover both the essential features of government, such as powers and institutions, and more tangential items, including railroads (Article X) and private corporations (Article XII).
Preamble
In the preamble to the Texas Constitution, the framers used just 20 words to introduce the approximately 23,500 remaining words (today, with amendments, more than 85,000). By comparison, the framers of the U.S. Constitution used 52 words in their preamble.
Image courtesy of Joshua Blank and the Texas Politics Project
Bill of Rights
The bill of rights in the Texas Constitution can be better understood by comparing it to the Bill of Rights of the United States Constitution. Texas puts the bill of rights at the beginning of its constitution, in Article I. By contrast, the U.S. Constitution included its Bill of Rights only as an addendumthe first ten amendments.
Originally spanning 29 sections, the Texas Bill of Rights may seem to be more extensive than the entire U.S. Constitution. But in fact, there is considerable overlap in the Texas document, giving it only the appearance of covering more ground; for example, freedom of religion is enshrined in specific ways in several early sections (4-7).
Generally speaking, both bills of rights cover the same items, just in a different order. In the Texas Bill of Rights, the freedoms of speech and the press are protected in section 8. Peaceful public assembly, the last of the U.S. First Amendment rights, appears in section 27. Protection against unwarranted searches and seizures is assured in section 9.
Rights of the accused in criminal prosecutions are specified in sections 10-21, which include the following:
揃 A right to a speedy trial
揃 Not having to provide evidence against oneself
揃 A right to bail
揃 The obligation of the state to provide its own evidence to support charges
揃 Protection against double jeopardy
揃 A right to a trial by jury
揃 No ex post facto laws
揃 No imprisonment for debts
揃 Requirement of due process of law
The Texas Bill of Rights has a declaratory tone that differs from that of the U.S. Constitution. In reaction to perceived government overreach by the Radical Republicans, the framers of the Texas document justified its specific protections with sweeping generalizations aimed at what they saw as the major political dangers of the time:
揃 National governmentThe 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 (Article I, section 1). This suggests a threat of secession.
揃 State government[The people of Texas] have at all times the inalienable right to alter, reform or abolish their government in such manner as they may t ...Constitution Themes 08
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- 2. The Constitutiondivides power betweenthe national government and the states. This creates fivedifferent types of powers withintheConstitution.
- 3. 1. Enumerated Powers~ Powers given to thefederal government by the Constitution Enumeratedpowers are those powers given specifically (and only) to the national government. They can be foundin thefirst three Articles of the Constitution.
- 4. 2. ExpressedPowers~ Powers given specifically to Congressby the Constitution These powers are listed in Article I, Section 8 of the Constitution. These are powers that onlyCongress may do, such as: declare war coin money establish a postal service maintainan army and navy
- 5. Expressed powers are a special kind of enumeratedpower. A diagram of thetwo powers might look like this: Enumerated Powers Expressed Powers Allexpressed powers are also enumerated, but not allenumerated powers are expressed.
- 6. Thinkabout it this way--if wemade a diagram showing all the birds in the world, it mightlook like this: Birds Ducks Allducks are birds, but not all birds are ducks. Yes?
- 7. Same comparison we can makebetween expressed and enumeratedpowers Enumerated Powers Expressed Powers Birds Ducks Allexpressed powers are enumerated,but not allenumerated powers are expressed.
- 8. 3. Reserved Powers~ Powers theConstitutionsavesfor the states These are powers thatonlythe stategovernments may do, such as: operate the schools issue licenses (drivers, marriage, doctors, etc.) run elections withinthe state
- 9. 4. Concurrent Powers~ Powers sharedbetweenthe statesand the nationalgovernment These are powers thatthe statesand thenationalgovernment can do at the same time, such as: make laws tax borrow money establish courts maintainroads
- 10. 5. Implied Powers~ Powers given to Congress, but thatare not written, butsuggested, by the Constitution Implied powers come a specific sentence in Article I--Article I, Section 8, Clause 18. Clause 18 says Congress may do whatever else it needs to do to accomplish its Expressed powers. Thissentence is calledthe Elastic Clause--it stretchesthe powers given to Congress.
- 11. Implied powers allow Congress powers that are not specifically listedin the Constitution. For this reason, the Anti-federaliststhought it was the most dangerous sentence in the Constitution. Because of implied powers, Congress can builda mint to coin money. Implied powers also means Congress can control: space exploration nuclear power radio and TVcommunications (FCC)