Study Guide: Texas Gov’t - Week 4: Federalism

Yo, what it is! You know what it is, it’s your man Kingmusa— and welcome to The Study Guide! I'm here to break down today's class notes and help us learn together. Today we are going over Texas Gov’t and we will be focusing on Week 4: Federalism Let's dive into our module on Federalism. We’ve learned about different government systems, and now we’re focusing on how power is shared in the US.

Key Concept of the Day: 

Today, we will explore the principles of federalism, contrasting it with unitary and confederal systems. We will examine the distinct powers of the national and state governments, including expressed, implied, reserved, and concurrent powers. We will also discuss the advantages of policy-making at both levels and analyze the historical evolution of federalism through its various eras, alongside current conflicts exemplified by case studies such as the Affordable Care Act and abortion. This week’s module explores the concept of federalism in the United States, contrasting it with unitary and confederal systems. It delves into the division of powers between the national and state governments, examining express, implied, and reserved powers, as well as concurrent powers. 

The module also discusses the advantages of both state and national-level policies. Furthermore, it analyzes the historical evolution of federalism through different eras: Dual Federalism, Cooperative Federalism, New Federalism, and Coercive Federalism, highlighting the shifting balance of power between the national and state governments in each period. Finally, it examines contemporary conflicts between the states and the national government through case studies like the Affordable Care Act and abortion. The United States uses a federal system, dividing power between the national and state governments. Government types include unitary, confederation, and federal systems. In a unitary government, the central government holds all power, while regional governments enforce national policies. 

In a federal system, both national and state governments have areas of sovereignty with defined limits. The Constitution grants national government powers, including express and implied powers, while the Tenth Amendment reserves state government powers. The supremacy clause establishes the Constitution, US laws, and treaties as the supreme law of the land, ensuring the national government’s primacy. Both governments can tax and regulate trade, but state officials are more responsive due to smaller constituencies and a better understanding of local issues. However, federal system disagreements often arise regarding which level of government has the authority to make certain decisions. States can provide additional protections or different rights for their citizens beyond those guaranteed by the US Bill of Rights, known as State Rights Protection.  Different states can experiment with different programs, allowing for observation of their benefits and drawbacks, known as State Policy Experimentation. National policy is often fairer because it is applied consistently to everyone, regardless of their state of residence, known as National Policy Fairness. It standardizes best state practices, grants equal access to national resources, and avoids coordination problems between states, known as National Policy Advantages. The balance of power between the US and states shifts to meet societal needs, with eras defined by policy characteristics, known as Federalism Eras. Dual Federalism (1789-1933) divided powers between the national and state governments, establishing distinct spheres of influence.

Understanding federalism is key to grasping how laws are made and enforced in the United States. It explains the ongoing debates about the balance of power between the national and state governments and how this affects policies from healthcare to individual freedoms.

Here are the main points:

1. Unlike unitary systems (like the UK) or confederations (like the early US), the US operates under federalism, where both national and state governments have distinct authority.
2. National powers are expressed, implied, or inherent in the Constitution, with national law being supreme due to the Supremacy Clause. State powers are reserved by the Tenth Amendment. Concurrent powers are shared.
3. State policies can be locally responsive and allow for experimentation (e.g., marijuana legalization in Colorado). They can also offer extra rights (e.g., Texas's early stance on bearing arms). National policies ensure fairness and equal access to resources (e.g., FEMA aid), and can standardize best practices.
4. Federalism's history includes Dual Federalism (clear separation), Cooperative Federalism (collaboration via grants like the New Deal), New Federalism (returning power to states via block grants), and Coercive Federalism (national mandates, sometimes unfunded, like the Drinking Age Act of 1984).
5. Current conflicts illustrate federal-state tensions. The Affordable Care Act (ACA) saw Supreme Court challenges on the individual mandate (upheld as a tax) and Medicaid expansion (ruled as coercive). The Hobby Lobby case allowed religious corporations to deny contraception coverage mandated by the ACA. The abortion debate, from Roe v. Wade to current state bans like Texas's HB 1280 (effective July 24, 2022), highlights the struggle over federal versus state control of individual rights. As of 2023, 41 states have expanded Medicaid, while 9 states have not, often influenced by political leaning.
6. The legalization of marijuana also demonstrates federalism in action. While the federal government still classifies marijuana as illegal, as of 2023, 38 states, three territories, and Washington D.C. have legalized medical marijuana, and 23 states, two territories, and Washington D.C. have legalized recreational use. Texas has a limited Compassionate Use Act allowing only low-THC CBD oil.

Think about how power is shared in the US. It's not like some countries where the main government has all the say (that's unitary), or where the states have all the power and just team up loosely (that's a confederation). We have federalism, where both the national and state governments have their own areas of control. The national government has powers listed in the Constitution, some directly (expressed) and some that are kind of implied. States also have their own powers, anything not given to the national government (reserved), and sometimes they even share powers with the national government (concurrent). There are good things about having states make policies – they can be more in touch with what people need locally, and different states can try out new things. But national policies can also be better because they can be fairer for everyone across the country and make sure all states have access to important resources. Over time, the way federalism works has changed. For a long time (Dual Federalism), the national and state governments mostly stayed in their own lanes. Then, during tough times like the Great Depression (Cooperative Federalism), they started working together more. Later, there was a push to give more power back to the states (New Federalism), but sometimes the national government still tells states what to do (Coercive Federalism). We see this tug-of-war in issues like healthcare (the Affordable Care Act) and abortion, where there's a lot of debate about who should have the final say.

National government focuses on international relations, infrastructure improvements, and currency regulation. State governments govern citizens and day-to-day affairs. Dual federalism gave states primary responsibility for citizens, while the federal government handled foreign affairs, interstate commerce, and state conflicts. Cooperative federalism shared responsibilities and worked together, especially during the Great Depression. The Great Depression led to a shift from dual to cooperative federalism due to the need for federal assistance to struggling states. Federal funding for states included programs like the New Deal, which provided grants-in-aid for specific purposes. Categorical grants were a common form of grant-in-aid during cooperative federalism, providing federal money for state programs with strict instructions on how to use the funds. Examples of categorical grants include the Social Security Act, Medicare, and Medicaid, with varying degrees of federal control and state implementation. 

Cooperative federalism is characterized by categorical grants from the national government to states, leading to increased national control over state programs.New Federalism devolved power from the national government to states, granting them more flexibility in spending through block grants. Block grants provide states with lump sums for specific purposes, offering more administrative freedom than categorical grants. An unfunded mandate is a policy created by the national government that states must implement without federal funding. The Drinking Age Act of 1984, which required states to raise the legal drinking age to 21 or lose highway funding, is an example of an unfunded mandate. Coercive Federalism involves an active and authoritarian national government that mandates state policy implementation, often through unfunded mandates. The national government mandates policies for states in areas like poverty, racial discrimination, and the environment, which were previously under state jurisdiction. The National Drinking Age Act, signed by President Reagan, exemplifies coercive federalism by setting a minimum drinking age for all states.

Scholarly debate on coercive federalism is inconclusive, with states like Texas advocating for greater control and more likely to support its existence. The Affordable Care Act (ACA), nicknamed Obamacare, was enacted in 2009 and signed by Barack Obama. The ACA required individuals to purchase health insurance or face a fine, known as the individual mandate. It also mandated states to expand Medicaid coverage, leading to controversy over federal funding and state responsibility. The Supreme Court upheld the individual mandate but ruled that the forced Medicaid expansion was unconstitutional. The court ruled that the individual mandate was constitutional because the penalty was classified as a tax, which the federal government has the right to impose. However, it ruled that the federal government overstepped its constitutional authority by forcing states to expand Medicaid, but did not rule out the possibility of Medicaid expansion altogether. The Hobby Lobby Ruling ruled that religious corporations have the right to deny contraception coverage based on religious beliefs. Texas opted not to expand Medicaid.Medicaid coverage gaps and a large number of uninsured people are the result of Medicaid.

Private religious corporations are no longer required to cover contraception, while non-religious businesses still are. As of 2023, 41 states have expanded Medicaid coverage, while 9 states have not. States’ decisions on Medicaid expansion are influenced by political leanings, with conservative states generally not expanding and liberal states expanding. Public referendums have led to Medicaid expansion in some states, demonstrating the impact of public opinion. Abortion jurisdiction is shifted from state to federal and then back to state control. Legalized abortion in all 50 states in 1973 prohibited states from banning it outright. Before Roe v. Wade, abortion legality was determined by individual states based on public health, safety, and religion. Different states had varying levels of access to abortion after Roe v. Wade. Planned Parenthood v. Casey established a judicial standard for states to regulate abortion without placing an undue burden on access. Texas enacted restrictive abortion laws, leading to legal challenges and interpretations of constitutionality. HB2 (2013) required abortion clinics to meet unrealistic and unnecessary requirements, leading to clinic closures and legal challenges. Whole Woman’s Health v. Hellerstedt (2016) ruled that HB2 unconstitutionally placed an undue burden on abortion access. SB4 and SB8 (2021) are Texas laws limiting abortion access, including restrictions on abortion-inducing drugs and a ban after six weeks of pregnancy, both facing legal challenges. The Supreme Court overturned Roe v. Wade, removing national abortion protections and allowing states to regulate access.

Basically, federalism is about sharing power, but it's not always easy! There's a constant back-and-forth between the national and state governments about who gets to decide what, and this affects all sorts of issues we care about, from healthcare to personal freedoms. In conclusion, federalism is a dynamic system with a constant negotiation of power between the national and state levels. Understanding the different types of governmental systems, the distribution of powers, the benefits of each level's policies, and the historical shifts in federalism helps us grasp the complexities of American governance and the ongoing debates in areas like healthcare and individual rights. Texas’s statewide abortion ban, enacted on July 24, 2022, under HB 1280, Chapter 178 (2021), reflects the state’s traditionalistic political culture and evangelical Christian influence. 

The debate continues regarding the authority to regulate abortion, which is currently transferred from the federal government to states. Thirty-eight states, three territories, and Washington DC have legalized medical marijuana, while twenty-three states, two territories, and Washington DC have legalized recreational use. The federal government allows states to experiment with marijuana laws to gather data and potentially inform future nationwide regulations. Medical marijuana can fight nausea, relieve anxiety, and reduce pain for patients with illnesses like cancer, HIV, glaucoma, and multiple sclerosis. Legalizing marijuana would increase state and national revenue from taxes. Congress could override state-level marijuana laws with new federal regulations, potentially forcing states to repeal their existing laws. Only CBD oil with low THC levels is legal in Texas under the Texas Compassionate Use Act. Delta-8 is currently legal due to a federal injunction but likely to be banned if classified as a controlled substance. Texas’s legislature has seen an increase in marijuana-related bills, indicating a shift in public opinion.

That wraps up today’s episode of The Study Guide. Remember, we teach to learn, and I hope this has helped you understand Week 4: Federalism better. Keep studying, keep learning, and keep pushing toward your academic goals. Don’t forget to follow me on all platforms @Kingmusa428 and check out more episodes at kingmusa428.com. See y’all next time!