Chapter 2

Texas and the Nation

Federalism in the Constitution

• Federalism: A system in which the federal government shares power with lower levels of government.

• The United States Constitution divides power between the federal and state governments.

• Why federalism?– The original states already existed at the time of

the Revolution.

– The states created the federal government, not the other way around.

– The former colonists distrusted strong, central governments.

Federalism in the Constitution

Dual Federalism, 1789–1937

• Dual Federalism: a constitutional interpretation that gave the federal government exclusive control over some issues and states exclusive control over others.

• The federal government was small and dealt primarily with foreign affairs and commerce.– Internal improvements, like roads and canals– Tariffs (taxes on imports), Patents, Currency

Dual Federalism, 1789–1937

• States performed the majority of governing over citizens’ day-to-day lives– Property law– Civil law (marriage, divorce, adoption)– Criminal law

• Dual federalism allowed states to experiment with policies– Very different sets of rights from state to state

Cooperative Federalism

• Cooperative Federalism: model in which the various levels of government work together to solve policy problems, often with the federal government providing some portion of the funding, which is spent by the states or localities

Cooperative Federalism

• Expansion of federal power diminishes the old paradigm of dual federalism

• Cooperation between state and federal governments replaces dual federalism

• Morton Grodzins’ cake analogy:– Dual federalism as a layer cake– Cooperative federalism as a marble cake

New Federalism

• Devolve many policies back to the states• Nixon– Block grants, less federal money and interference

• Reagan– Federal aid to states cut by 12 percent– Remove federal government, as much as possible, from

local matters governed by states

• Clinton– Welfare reform in 1996, grants tied to federal rules

Cooperative Federalism

Regulated Federalism– With increased funding, the federal government

demanded higher standards and stricter uses for funds.

Preemption– The principle that allows the federal government to

override state/local actions in certain policy areas– Occurs when state/local actions do not agree with

national requirements

Cooperative Federalism

• Congress dramatically increased unfunded mandates: rules forcing states to spend their own money to comply with federal law.

• Backlash to federal preemption and unfunded mandates led to calls for devolution: transferring responsibility from federal government to state/local governments– Popular since the 1970s– Idea led to New Federalism

The New Deal

• Grants-in-aid (categorical grants)– Funds provided by federal government to state or

local government for a specific purpose– New Deal expanded to include social programs– Includes competitive project grants• State and local governments compete for funds based

on merit of their proposals

The Growth of Federal Funds in Texas

Coercive Federalism

• Federal regulations force states to change their policies to meet national goals.– Americans with Disabilities Act (ADA)– No Child Left Behind (NCLB)– Patient Protection Affordable Health Care Act (common

“Affordable Health Care”, “Obamacare”)

Texas Joins the United States

• 1845 Texas becomes the 28th state• 1869 Texas receives four congressional

districts

A Growing Role:Texas in the Progressive Era

• Texas’s influence and standing within the federal government expands during the Progressive Era

• President Wilson’s administration includes Texans who exert political and policy influence– Burleson, House, Houston, and Gregory

• Texas’s single-party dynamic facilitates institutional and political advantages.

• Incumbents often run unopposed.• Lack of party competition assures re-election.• Seniority in Congress is easily achieved.• Ascent to leadership positions is due to

tenures in Congress.

A Growing Role:Texas in the Progressive Era

Impact of the Progressive Eraon Texas

• Wilson-era policy changes has states lose power to the federal government.

• The Federal Reserve System created:– foremost development in federal expansion

• Constitutional changes:– Senators directly elected– Women granted right to vote– Federal income tax established

• Partisan power and ideological shifts begin• National Democratic Party Decline– 1918 Democrats lose Congressional majority– 1920 Democrats lose presidency

• Texas and former Confederate states remain solidly Democratic– Lose influence in executive and legislative

branches

Texas and the New Deal

New Deal Era:National Legislative Influence

• Sam Rayburn– Speaker of the House of Representatives– Longest tenure in American history (17 years)

• Lyndon B. Johnson– Senate Majority Leader– Served in all four national offices: House, Senate, Vice

President, President

• In combination, the two exert significant national policy influence

• Federal role expands via the interstate commerce clause

• National regulation of economy– Institutions now in place (the Fed) allow larger role

• National interests in protecting civil rights– Southern states enduring resistance to extend full

citizenship to African Americans– Federal intervention required to secure

constitutionally guaranteed rights

Texas and the New Deal

• Schism within Democratic Party due to:– New Deal dividing liberal and conservative factions– Civil Rights splitting party (North vs. South)

• Texas “Shivercrats”– conservative Democrats vote for conservative

Republican (Eisenhower)

Texas and the New Deal

Reagan Era in Texas

• Clear national shift: conservatives have left Democratic party, now in Republican party

• Many conservative Texans in office switch parties, surge of Republicans in the South

• Republican coalition of social and economic conservatives– emphasis on tax cuts, increased state authority,

traditional family values, and national defense

Texas Role in Reagan Era

• Texans central to advancing Reagan economic policy agenda in House and Senate– Deregulation, lower taxes, welfare reforms

• Senator Phil Gramm– PhD in Economics, champions free market theories,

banking, budget, committee influence

• House Majority Leaders• Richard Armey, followed by Tom DeLay

• House Ways and Means Committee Chair• Richard Archer

• Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Federalism in the Constitution

Texas Role Beyond Reagan Era

• President George H.W. Bush extends Reagan-era party and economic policy orientations– Elected to House of Representatives from Houston,

later served as CIA Director

• President George W. Bush– Governor of Texas 1995–2000

• Both have Texans in high-profile roles, often central to political controversies of the day– James Baker III, Alberto Gonzales, Karl Rove

• Tea Party movement emerges out of Republican party in 2010

• Strong preference for less/smaller government, particularly federal role– Spending, taxing, regulations

• GOP incorporates and courts Tea Party voters– Self-identify as Tea Party candidates/members– Policies/platforms in accord with Tea Party goals– Establish Tea Party caucuses within legislatures

Tea Party in Texas

• Tea Party quickly influences Texas GOP• Texas legislature membership and policy agenda

more ideologically conservative• Ted Cruz defeats Lt. Governor Dewhurst for

Republican party nomination to U.S. Senate– Cruz ran in primary as the Tea Party candidate

• Governor Rick Perry eschews federal support– Funds for health care programs for the poor– State implementation of AHA (“Obamacare”)

Tea Party in Texas

• States retain significant powers– Tenth Amendment– Police powers– concurrent powers

Federalism in the Constitution