Gov Lectures - [GOV 310L LECTURES 9/7 Federalism Different...

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[GOV 310L LECTURES] 9/7 – Federalism Different states have different relations with Federal Government o Each state has its own constitution Separation of power Branches of gov’t Division of power between state and fed gov’t o Right to coin money, militia, etc U.S. Const specifically prohibits powers for states’ control o 10 th Amendment: Reserved powers clause State Gov’t dependent on Federal Gov’t for money o Ex: Drinking age in Louisiana. Louisiana said no law, Fed gov’t said no money. Diff Stages and names for Federalism: o New Federalism aka modern federalism aka regulated federalism o Dual federalism Fed. Gov’t “holds states at ransom” by controlling their funding o Another Ex: Speed limit uniform across nation It is accepted that certain powers are the Fed. Gov’t’s powers Recently states have been trying to make more restricting immigration laws *study TX gov’t to get a good comparison for this class 9/10 – Texas Constitution State Constitutions are made similar amongst each other that to the constitution Supremacy clause: Federal constitution and law ALWAYS trumps state law TX vs. U.S. Constitution o Texas: 2 nd longest state constitution; not vague or broad o The democratic farmers of Texas wanted to decentralize power of the government and limit power Unfunded mandates- laws federal gov’t requires to abide whether they receive funding for it or not. Minority rights Right to an impartial jury o Minorities being on jury New York has much more active constitution and government What the U.S. Constitution says: o Congress has right to collect/levee tax Democratic drafters demolished banks when they came into power Social welfare Agriculture exempt from taxes in Texas *Green coffee *Chapter 2, TX constitution, and federalism on exam 2 9/12 – Texas Government vs. Federal Government Federal Court – Bankruptcy Case: o Court found that the state stature was preempted by a federal law
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o Interpretation of state law did not matter because it was stated in federal law anyways o Court sustained claim States must adhere to federal law even if it overrules their own laws Debtor’s were ordered to pay Laws between states o Iowa rejected same-sex marriage o Massachusetts allows same-sex marriage o States must respect each other’s laws You can get married in Massachusetts and move to Iowa (or any other state) Same concept for driver’s license States DO NOT have implied powers Immigration: o Immigration belongs to the Federal Government o States are saying they cannot wait for federal Government o States are making laws of their own o Are these laws in line with federal law? o
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This note was uploaded on 04/02/2008 for the course GOV 310L taught by Professor Kieth during the Fall '07 term at University of Texas.

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Gov Lectures - [GOV 310L LECTURES 9/7 Federalism Different...

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