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Explore the effectiveness of American Federalism in response to crises like Hurricane Katrina. Debate whether a stronger federal government would have better managed the crisis or if the inadequate response was an isolated case of mismanagement.
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After watching “Moment of Crisis – System Failure”… In light of the response to Hurricane Katrina, what can be said about American Federalism both in theory and in practice? Would a stronger federal government been better equipped to deal with the crisis, or was the inadequate response an isolated case of mismanagement that does not reflect upon the basic structure of the U.S. government? Warm-Ups (02/01)
4.1 – Federalism The Division of Power
Federalism • Divides power on a territorial basis • Constitutional principle of division of powers • 10th Amendment • Local Action → Local concerns • National Action → Wider concerns
Warm-Ups (09/17/07) • These Warm-Ups go on the LEFT SIDE on the WARM-UPS Page in UNIT II • Create a Venn Diagram illustrating • Delegated Powers of the National Government • Reserved Powers of the States • Concurrent Powers (those that both share) • Check pg.93 and your notes for help
Powers of the National Government • Delegated Powers: those granted by the Constitution • Expressed or “Enumerated” Powers: word for word (Ex. Coin money, collect taxes, make treaties, etc.) • Implied Powers: Not stated but, suggested • Ex. “Necessary & Proper” Clause or “Elastic Clause” – Interstate Highways or Kidnapping across state lines • Inherent Powers: Not stated but, are powers historically possessed by national governments
Obligations to the States • Protect against foreign attack and domestic violence • Guarantee representative form of government • Recognize state government and its boundaries
Powers of the State & Shared Powers • Reserved Powers: Powers the Constitution does not grant to the National Government and doesn’t deny to the States • Exclusive Powers: National Government Only • Concurrent Powers: Both
Local Government • Local Government: It does things only because the State Government has given it the power to do so. • Resolving Conflicts • Supremacy clause: Binds the National and State Governments • Supreme Court & Federalism: Supreme Court plays as the “Umpire”
History of the Texas Constitution • 1836: Republic of Texas Constitution (Influenced by Spanish & Mexican law) • 1845: Texas State Constitution • 1861: Texas Constitution (Under the C.S.A.) • 1869: Texas Constitution (Under Reconstruction Period) • 1876: Current Texas Constitution
State Constitution • State Constitution: Fundamental laws of the state • Changing the State Constitution
Why do they need reform? • Most state constitutions are cluttered with unnecessary details • Texas has one of the longest constitutions (2.5 x longer than most) and has 390 amendments