The document discusses various roles and responsibilities of state governments. It notes that state constitutions have certain shared components like legislatures and governors, but also vary in areas like education, health, transportation and criminal justice. It also discusses state finances through balanced budgets and revenue sources. Federalism creates both national and state powers that sometimes overlap on issues like immigration and same-sex marriage.

1. States

2. What do they do?
 Constitution is non-specific
 Family laws, professional
standards
 Education, health,
transportation, economic
development, and criminal
justice

3. What do they do?
 Constitution is non-specific
Texas Expenditures, FY 2011
Other
 Family laws, professional
standards
 Education, health,
transportation, economic
development, and criminal
justice
Government
Transortation
Public Safety
HHS
Education
0
10
20
30
40
50

4. Finances
 40 states require balanced
budgets
 Project revenue and
expenses, fluctuations

5. Finances
 40 states require balanced
budgets
 Project revenue and
expenses, fluctuations
 Projected Revenue for
Texas, 2014-2015
Taxes
$96.9B
Federal
Fees, etc
$74.6B
$34.9B
Revenue
$208.2B

6. State constitutions
 Weak in the first wave
 Northwest Ordinance of 1787
 Post-Confederacy South constitutions
 Western states concerned about machine politics
 Trend since the 1960s

7. Shared components
Legislatures
Governors
Judiciaries

8. Local governments
 No sovereignty, but home rule
 Dillon’s Rule, 1868
 “Municipal corporations owe their origins and derive their power
and rights wholly from the state legislature. It breathes into them
the breath without which they cannot exist. As it creates, so it
may destroy. If it may destroy, it may abridge and control.”

9. Federalism is messy.
National
Power
State
Power

10. Where is marijuana legal?
 Medical use in 20 states plus DC
 Medical and recreational use in 4 states

11. November 2012
 WA and CO voters
 “Don’t break out the
Cheetos or the Goldfish too
quickly.”
 Controlled Substances Act
 Illegal, no prescriptions

12. Justice Department’s response
 State regulation from “seed
to sale”
 Children, inter-state
sales, gangs
 Banks, security
providers, and landlords?

13. Immigration
 Arizona’s 2010 laws
 Created state requirements
and penalties related to
immigration law
enforcement
 Existing federal law

14. Arizona v. United States
 Four provisions
 (1) created a state-law crime for being unlawfully present in the United States
 (2) created a state-law crime for working or seeking work while not authorized
to do so
 (3) required state and local officers to verify the citizenship or alien status of
anyone who was lawfully arrested or detained
 (4) authorized warrantless arrests of aliens believed to be removable from the
United States.
 Does federal immigration law 1) preclude Arizona's enforcement
efforts and 2) preempt AZ law?

15. Arizona v. United States
 Four provisions
 (1) created a state-law crime for being unlawfully present in the United States
 (2) created a state-law crime for working or seeking work while not authorized
to do so
 (3) required state and local officers to verify the citizenship or alien status of
anyone who was lawfully arrested or detained
 (4) authorized warrantless arrests of aliens believed to be removable from the
United States.
 Does federal immigration law 1) preclude Arizona's enforcement
efforts and 2) preempt AZ law? Yes and no.

16. Same sex marriage
 Thirteen states and DC permit same sex marriage
 Federal benefits related to marriage
 Defense of Marriage Act, 1996

17. United States v. Windsor, 2013
 Windsor and Spyer married
in Canada, 2007
 $383,000 tax, no marital
exemption

18.  Is DOMA, which defines the term marriage as a “legal
union between a man and a woman”, unconstitutional?

19.  Is DOMA, which defines the term marriage as a “legal
union between a man and a woman”, unconstitutional?
 Partly. Given state marriage, it imposes a
“disadvantage, a separate status, and so a stigma” on
same-sex couples in violation of the Fifth Amendment’s
guarantee of equal protection.