Texas and the Federal System, II GOVT 2306, Module 2

Powers of the states The powers of state government can be grouped in four broad categories:

Police Power States exercise police power, the authority to promote the health, welfare, and safety of the people. States enact criminal laws, establish minimal standards for practicing certain occupations, adopt clean air and water standards, regulate workplace safety, and enforce laws protecting individuals from discrimination. A state’s police power includes eminent domain, the authority to take private property for public use upon just compensation.

Provide Public Services States provide public services to their residents, including schools, colleges and universities, healthcare, law enforcement, welfare services, transportation, agricultural support, and conservation. The major budget items for state and local governments in Texas and around the nation are education, healthcare, public safety (police and fire protection), and transportation.

Levy Taxes States levy taxes and borrow money to finance their operations. The most important tax sources for state and local governments nationwide are sales, property, excise, and income taxes. All of these taxes, except the income tax, are important in Texas. Texas is one of only a handful of states that does not levy a personal income tax.

Create and Control Local Governments States create and control local governments, which are subunits of states. Local governments in Texas include cities, counties, school districts, and special districts.

Quiz Which of the following terms is defined as the authority of a state to exercise legitimate powers within its boundaries, free from external interference? A) Federalism B) Police power C) Eminent domain D) State sovereignty The answer is D.

Laboratories of Democracy

Laboratories of Democracy State governments are sometimes called “laboratories of democracy” because they have the ability to adopt innovative solutions to policy problems.   State with legalized cannabis   State with both medical and decriminalization laws   State with legal medical cannabis   State with decriminalized cannabis possession laws   State with total cannabis prohibition

But Marijuana Is Illegal Under the federal Controlled Substances Act, the manufacture, importation, possession, use, and distribution of marijuana is illegal.

Obama Administration Position The government is primarily concerned with the distribution of marijuana to minors, the involvement in marijuana trafficking of organized crime, the distribution of more serious drugs along with marijuana, and the transfer of marijuana from states where the drug is legal under state law to those where it is not.  So long as those states seeking to legalize marijuana have robust regulatory regimes in place to address these concerns, businesses acting in conformance with state law will generally not be an appropriate target of federal enforcement, whether criminal or civil.

Discretionary Enforcement The Obama administration has chosen not to prioritize the enforcement of the Controlled Substances Act against marijuana in states where it has been legalized. What happens in 2017 when there will be a new president?

Relationship of states to one another The Constitution defines the relationship of states with one another.

Full Faith and Credit Clause Article IV contains the Full Faith and Credit Clause, the constitutional provision requiring that states recognize the official acts of other states, such as marriages, divorces, adoptions, court orders, and other legal decisions.

Privileges and Immunities Clause The Privileges and Immunities Clause is a constitutional provision prohibiting state governments from discriminating against the citizens of other states. This provision ensures that visitors to a state are accorded the same legal protection, travel rights, and property rights as a state's own citizens. The courts have held, however, that states may deny out-of-state residents certain privileges such as voting and paying lower tuition at state colleges and universities.

Extradition Extradition is the return from one state to another of a person accused of a crime.

What You Have Learned What powers do the states exercise? What does the phrase “laboratories of democracy” mean when applied to states? What is the constitutional relationship of states to one another?