Clauses and Amendments
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof...shall be the supreme Law of the Land"
Established that federal law prevails over state law.
Supremacy Clause
Highly value social order and economic efficiency. Government power should regulate social choices, but should not regulate economic ones--this is the market's job!
Conservative
A model that divides the government into separate branches, each of which has separate and independent powers. Present in the federal and state constitutions.
separation of powers
base rate at which something is taxed.
Tax Rate
States (not Congress) have this power. It is the power to make laws for the general welfare of their communities, to advance: Health, Safety, Welfare and Morals.
police power
Congress has the "power to tax and spend" for the "general welfare of the United States"
General Welfare Clause
Highly value social freedom and economic equality. Government power should not restrict social choices, but should intervene in the economy to promote individual welfare.
Liberal
The people decide on policies without any intermediary or representative. Present in only state constitutions.
direct democracy
The four major types of tax are:
Income tax, Sales tax, Excise tax, Property tax
Grants-in-Aid
Gives Congress the power to make laws that are necessary to carry out the Constitution's enumerated powers
Necessary and Proper Clause
Emphasis on individual initiative and the market. Government protects individual rights and makes way for individual initiative. Wealth and power seen as qualifiers for governing.
Elazar's Individualistic Classification
unenforceable provisions in state constitutions that conflict with the US Constitution
deadwood
Uncontrollables
1980-2002, "Devolution revolution" transfers back some policy responsibility to the states. Reduced dependence on federal funds, more block grants with state flexibility and discretion in use of federal funds.
New Federalism
Gives Congress the power to regulate commerce between states, with foreign nations, and with Native American tribes
(Interstate) Commerce Clause
Government serves the elites who created it to serve them. Useful for maintaining existing social order and economic hierarchy. Ambivalent toward the market and the common good.
Elazar's Traditionalistic Classification
Methods of amendment available for the Texas Constitution
Legislative proposal, Constitutional commission
% of income (or total revenue if tax on business) paid in taxes. Statement about distribution of the costs of taxation throughout society.
Tax burden
Money tied to specific, narrow projects, with more federal oversight and control
Categorical Grants
"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"
10 Amendment Reserved Powers
Value government intervention in economy to benefit "average citizens" against wealthy and powerful...but interventions conform to traditional moral and social values. Distrust of elites, but not anti-capitalist per se...emphasize individualism, equality of opportunity, property rights.
Populism
the principle or practice of submitting to popular vote a measure passed on or proposed by a legislative body or by popular initiative
referendum
Responsible for estimating state revenues, and must certify budget for the budget to become law.
TX Comptroller of Public Accounts
2002-present, one's view of federalism adopted based largely on partisan convenience. Breakdown of association of Republicans with state-centered approaches and Democrats with nation-centered approaches.
Ad hoc Federalism