Tuesday, September 10, 2013

Notes on 2306 Week Two

Like 2305 - we're a bit off kilter due to Labor Day, but you should to keep track on your own.

The big point behind last week's material was that Texas exists within a federal and cultural landscape that creates multiple opportunities for conflict between the state and nation.

The first set of powers points took us back to the US Constitution and highlighted those areas that pertain to the creation of new states, the obligations states have to each other and the relative relationship between the national and state governments. This of course was after a reminder that delegates of twelve of the original states (Rhode Island did not participate in the convention) created the constitution - as well as its predecessor. So the states wrestled with the proper design of the national government, and as we know the first option was to establish a very very weak one, and the second was to establish one on equal par - at least in terms of sovereignty - with the states.

This isn't to say that the design is not without its confusing aspects, especially once amendments are added - notably the 14th - which create tension between the two levels of government. I tried to highlight those areas where that tension arises. In retrospects I don't think I've given sufficient time to the Supremacy Clause (I'm a bit of a 14th Amendment freak), but no need to concerns yourself with that at the moment.

Try to come to grips with the legal and constitutional sources of the conflict between the national and state governments and much of what is in the news regarding that conflict ought to make a bit more sense.

The same with the section on political culture. Its one thing to say that Texas is unique and that this leads to conflict, but quite another - and better - thing to understand why those conflicts exist. As with most classes on state government, we use Daniel Elazar's three part typology of political culture in order to trace the roots of the individualistic and traditionalistic cultures, and explain why Texas lacks a strong moralistic culture.

Again, and understanding of these concepts should go a long way to helping us understand the roots of the conflict we see between Texas and the national government.

As you probably have already noticed - hopefully - this week is devoted to understanding the argument presented in the Texas Declaration of Independence, and the evolving nature of the constitutions of Texas, culminating in the 1876 Constitution. In order to properly understand the governing system in the state, its a good idea to understand its foundation.