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Concept of federalism essay
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Janise Miescke 5/6/2017 Assignment 3 When Money Speaks Louder than Obligation Texas has always been one to hold the belief ‘everything is bigger in Texas’.
It has always held dear the hearts of ‘the bigger the better’ slogan. This idea has been made crystal clear with recent legislation made to ban, the bans made by local governments on fracking. There is many controversies with this, and for good reason too. Even with such controversial legislature the governments still hold on the fact that our government is set up in the unitary system where “liberty always trumps local government” even if it does hurt the people. Some would even go as far to say ‘is it really a good idea to have a unitary system if the government seemingly abuses its power
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for monitory gain?’ On the other hand others may suggest that the flipside may be catastrophic if we were to switch to a confederal government. Our state could fall pieces.
The major issue at hand is what is the best solution to where the people win, politicians do not have the opportunity to be corrupt.
With the recent ordeal with Denton’s fracking induced water pollution many are shook to the core with the realizations that there nothing they can do to change the states ruling. Meanwhile, the state knows that they are dancing on the fine line of “pose[ing] a bigger risk of enacting laws that infringe on individual rights” (Renaldi). Especially with their ruling to ban the ban of fracking. Despite the direct harm to the people of Denton. Denton had over 14,000 signatures to end the harmful fracking. 1 “There seems to be an attitude that big state government knows better than the citizens of a city. 2 I just think — conservative or liberal — that is something you don’t do in Texas” ( Roden). In many ways, this was another way the state showed their ever-growing superiority over local governments. They said their reason was because the ban posed ‘infringement’ over private property even with the city ban. However there’s a law that states “ Junked vehicles. Municipal ordinances that provide for the abatement and removal
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from private or public property or a public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance must contain specified provisions. See Texas Transportation Code § 683.074.” as well as the law that states ”Graffiti removal ordinances. “Municipal graffiti removal ordinances are subject to certain mandatory requirements. See Texas Local Government Code § 250.006. “ (Marrium) Both of these state laws are made for the reason of nuisance. Junked cars and Graffiti doesn’t harm anybody especially if it’s on their own private property. In many ways that’s very hypercritical of the state especially with the states roots being in limited government. The fracking was hurting many people. People were unable to consume their water, cook with it because it was directly making people sick, bathe, and so much more. Denton’s people where rightfully upset because they were paying for something that was doing more harm than good. It would be foolish to not look for initiatives as to why the state government quickly passed the legislature. 3 “According to a recent report by Texans for Public Justice, the energy and natural resources industries were the number 1 financial contributors to non-judicial Texas politicians in 2014. 4 31 Texas senators received $1.7 million, an average of $56,000 each. 144 Texas representatives received $3.8 million, an average of $25,000 each.”(Vox). This is a major disappointing reality for many governments not only in Texas but all over the world. Money talks, no matter how a government is be set up to make that not true. Bills can be in office for a very long time and many die out. However, with money incentive the state bill will pass long before the local law ,that doesn’t coincide with the wishes of the state, can take action. As one can see no government is perfect ours widely included.
With a large number of people come natural flaws. There’s things that need to change and these would be one of them. If it hurts many people money shouldn’t even be in the question. Fracking creates lots of revenue for our state however, it shouldn’t go so far to where it hurts the health and our states agricultural wellbeing. In other words come up with something else to solve these issues.
Citations:
1. 5 2015, Matt Rinaldi March 12, Jim Henson, Texas Tribune Pollster and Director of the Texas Politics Project, and Wayne Thorburn, Author; Former Executive Director of the Texas Republican Party. 6 "Liberty trumps local control, by Matt Rinaldi." TribTalk. 5 N.p., n.d. Web. 06 May 2017.
2. "City of Denton Fracking Ban Initiative (November 2014)." Ballotpedia. Ballotpedia, n.d. Web. 06 May 2017.
3. 6 "Local Control Archives." TexasVox: 5 The Voice of Public Citizen in Texas. N.p., n.d. Web. 06 May
2017. 4. Marrium, Roger D. https://www.municode.com/webcontent/statelawpamphlets/TX.pdf 5. Phillips, Ari. 2 "Texas Governor Signs Bill That Makes Local Fracking Bans Illegal." ThinkProgress. 6 ThinkProgress, 19 May 2015. Web. 06 May 2017. 6. Price, Asher. "Texas lawmakers look to courts as they make new run at bag bans." Mystatesman. 5 N.p., n.d. Web. 06 May 2017.
The Constitution of the United States and the Texas Constitution share many similarities. They also have important differences due to different attitudes about what the role of government should be. It is important to know the limits of the state’s power as it can help us better understand our role as a Texas citizen.
Web. 09 Feb. 2011. O'Connor, Karen J. "Chapter 20: The Context for Texas Politics and Government. " American Government Continuity And Change, 2006 Election Update Texas Edition.
...neth M. Goldstein, and William G. Howell. "Chapter 20 The Social and Economic Milieu of Texas Poltics." Understanding American Politics and Government. Texas ed. New York: Longman, 2010. 690-93. Print.
In my analysis of the Texas Constitution I will assess the three branches of our State Government, the Legislative Branch, Executive Branch and finally the Judicial Branch. Our State Government resembles our National Government in various ways but also in very different ways which we will review in this essay. I will identify a handful of criticisms and problems associated with the provisions in each of these branches of our State Government and identify suggested reforms that many feel are needed.
"SOSSAMON v. TEXAS." Sossamon v. Texas. N.p., 21 May 2014. Web. 29 May 2014. .
22 March 2014. Texas Political Culture - "Texas Political Culture" 2009.
Dye, Thomas R., L. Tucker Gibson, Jr., and Clay Robison. Politics in America. Ninth ed. Vol. 2. New York, NY: Longman, 2011. 337. Print.
In today's global economy, energy is one of the most crucial and sought after commodities. Who supplies it and how much they supply determines how much influence they have over other countries as well as the global economy. This is why hydraulic fracturing is currently such an important and controversial topic in the United States. Hydraulic fracturing, more commonly known as "fracking" or hydrofracturing, is the process of using pressurized liquids to fracture rocks and release hydrocarbons such as shale gas, which burns more efficiently than coal. This booming process of energy production provides a much needed economic boost, creating jobs and providing gas energy for Americans. The efficiently burning shale gas reduces carbon emission from electricity production plants, reducing carbon footprints on the environment. However, the process of hydraulic fracturing uses millions of gallons of pressurized liquid, which contains toxic chemicals, and some of this water is left over undealt with. The air near fracking sites is often also polluted and unsafe for nearby community residents. Injecting millions of gallons of water laced with toxic chemicals into the rock thousands of feet deep can cause earthquakes, causing a safety hazards for all nearby areas. Hydraulic Fracturing makes rare natural gases easily attainable, boosting the economy and reducing carbon emissions. However, the negative side effects such as contaminated water and air, make hydraulic fracturing a process that may not be worth the benefits.
Thesis: The nine years of Texas’s independence were long and seemed to be dragged out. Were those nine years unnecessary and could it have been done in a shorter period of time? 13 October 1834 was the first revolutionary meeting of the American citizens who’d settled in Mexico, in the area soon to be known as Texas. The people attempted a movement that soon was laid to rest by the Mexican Congress. Attempts at independence were silenced for the time being and the elections of 1835 proceeded forward.
The funding of public education has long been an issue for the state government of Texas. Starting before Texas was even a state, public education funding was at the forefront of politicians’ minds. In 1836, one of the reasons Anglo-Texans wanted to become independent from Mexico was Mexico’s lack of a public school system (An Overview of the History of Public Education in Texas, 2016). This drove the desire of President Mirabeau B. Lamar of the Republic of Texas to create legislation that would grant public schools land (A Brief History of Public Education, n.d.). This act set aside four leagues of land per county for the use of free education centers and thus began the funding of public education by the state government (An Overview of the History of Public Education in Texas, 2016). In the last 177 years, the Texas Legislature and the Texas Education Agency have created numerous acts and laws regarding the funding of education, but it has been in the last 50 years that this topic has become highly contested, resulting in several lawsuits and endless efforts (by the school districts) to equalize the distribution of funds to Texas school districts (Texas School Finance History, n.d.). In sum, the complex issues and policies that surround the funding of public education are derived from a combination of the legislature, bureaucratic agencies, and local governments in the form of school districts.
The writers of Texas’ constitution had good intentions but the current iteration of the Texas Constitution has not weathered the test of time as well as the U.S. Constitution. In the present day, Texas legislature is heavily influenced by interest groups due to a dominating political party, thus slowing the progress of the part-time legislature by pushing the agenda agreed upon by both the party and interest group. Part of Governor Rick Perry’s platform in 2012 was “adapting the Texas model to the U.S. Congress.” Opponents argued that The Texas legislature is working as intended and should not be
Imagine having a loved one with cancer, organ damage, nervous system disorders, or your child having birth defects. Imagine running out of clean water because the only water available is capable of catching fire. Imagine oil in rivers and animals losing their homes. See yourself caught in an earthquake where there should not be one. All of this is increased by fracking and can be prevented. The question is should fracking continue or should it be banned.
"Researchers Taking a Look at Health Effects of 'Fracking.'." Nation's Health 42.2 (2012): 14. Academic Search Premier. Web. 26 Nov. 2013.
Oshodi Professor Sherifian GOVT 2306-73011 05 April 2017 Lobbyists and Interest Groups in Texas Since “we the people” have little influence in decision making in terms of laws passed and rejected by the legislature, interest groups have always being our voice in the midst of the law-makers. These interest groups employ lobbyists to enter into the inner chambers of these law-makers to lobby them in order to bend laws towards the interest of what they stand for, which most of the time is what “we the people” also stand for. According to my research, lobbying involves spending money on entertaining the law-makers, their employees, and even their relatives. Recently, these lobbyists have failed to disclose who they lobbied with
Guidelines for the relationship between the federal government and the state governments are easily accessible through the Tenth Amendment in the United States Constitution. Adversely, the relationship between local governments and state governments are not written anywhere in the U.S. Constitution. In addition to states being granted the powers not explicitly given to the federal government, they are both considered to be equal in power. Local governments do not have this advantage so are more restricted in what they are able to do. The legal doctrine known as Dillon’s Rule was created in order to express the division of powers between the local governments and the state governments. Simply put, Dillon’s Rule states that, “local governments