POSC 10133 Exam 2

How many states have term limits for state legislators and/or governors?

- 15 states have term limits for state legislators - 36 states have term limits for governors

Terms of Office & Qualifications for TX State Representatives

- 2 year terms - Qualified voter - 21 years old - Texas resident for 2 years - Resident of the district they are representing 1 year

Terms of Office & Qualifications for TX State Senators

- 4 year, staggered terms - Qualified voter - 26 years old - Texas resident for 5 years - Resident of the district from which they were elected for 1 year

What are the judicial powers of the TX governor?

- Appoints the seven member Board of Pardons and Paroles - Grants executive clemency - Grants extradition requests

What are the military powers of the TX governor?

- Can mobilize the National Guard - Appoints the adjutant general to function as the commander in chief of the state military

Electors

- Each candidate has electors attached to him or her - The electors of the candidate who wins the statewide popular vote are chosen and cast their electoral votes for their candidate - In the event that these electors thought that their party was contributing to the election of a dictator the elector could cast their votes for someone else

How does the Supreme Court work?

- Founders envisioned as the "least dangerous branch" (Federalist 78) - "Judiciary has neither force nor will, but only judgement" (Federalist 78) - Authority is derived from reputation and legitimacy; Court has no purse or sword

Citizen State Legislatures

- Hardly professional at all - Lots of direct contact with voters - Part-time, small staff, low pay, high turnover - Closest to Antebellum American democracy - Mostly small-population states in New England and out West - NH House → each rep serves only 3,000 people

The Electoral College

- Implemented as a check against direct election of the President by the public - Each state selects their own 'electors' who would then select the President - The number of electors each state has is based on the number of House and Senate members - Respects the interest of states as political units - Prevents the election of a dictator

Hybrid State Legislatures

- Job takes a lot of time, but is not full-time - Legislators need some outside income - Moderate time, staff, pay, and turnover - TX plus most medium-population states

Professional State Legislatures

- More like Congress at a state level - Full-time, large staff, high pay, often lower turnover - Most very populated states - CA → legislators make $100k/year

Executive Agreement

- Only binding while the President is in office - Can be undone by the next administration

Which aspects of the presidency did the Founders debate?

- Plural vs single executive - Popular election vs congressional selection - Length of term

Delegated power bills are often...

... bipartisan and both ends against the middle legislation.

What are the formal powers of the Speaker of the Texas House?

1) Appointing House committees 2) Assigning legislation to the committees

How does a bill become a law?

1) Bill introduction 2) Committee referral 3) Senate rules → open or closed 4) The exact same bill must pass both houses 5) Sent to the President to be signed, vetoed, or pocket-vetoed *All bills for raising revenue must start in the House (in Congress and the TX Legislature)

What are the responsibilities of the governor's staff?

1) Collect, organize, and screen information 2) Help decide who sees the governor 3) Schedule the governor's time 4) Work to win support for the governor's proposals 5) Represent the governor in meetings and in lobbying lawmakers

What are the five functions of the Texas Legislature?

1) Enacting laws 2) Budgeting and taxes 3) Overseeing state agencies 4) Educating the public 5) Representing the public

What are the informal resources of the TX Governor?

1) Governor's electoral mandate 2) A large staff to help develop and sell policy proposals 3) The ability to communicate to the public through the news media and social media 4) The public's perception and opinions about the governor's job performance 5) The governor's political party and relationships with the legislative leaders 6) The support and mobilization of interest groups

What are the positives of the importance of relationships in the TX Legislature?

1) Have to treat people with respect 2) Talk across party lines is more likely

What does the Texas Freedom Caucus demonstrate?

1) How ideological allies in state legislatures can create leverage to influence policy-making 2) How the formation of organized caucuses in Congress can inspire similar groups in state legislatures

Why is it hard for Congress to pass legislation, even though it has a lot of power?

1) It is much easier to defeat a bill and maintain status quo than to change it 2) Legislators prioritize issues differently 3) Building coalitions is risky and they are difficult to maintain (harder in the House due to term length)

How does Congress solve coordination issues and collective action problems?

1) Leadership 2) Political parties 3) Rules and institutions

What types of powers does the governor have?

1) Legislative powers 2) Budgetary powers (weaker than most governors) 3) Appointive powers 4) Judicial powers 5) Military powers

About how many bills proposed in the Texas Legislature during a regular session win final legislative approval?

25%

How many members are in the Texas Senate?

31 members (plus the lieutenant governor)

How many non-cabinet positions can the President appoint without Senate approval?

321

How many voters see the Court as political?

56%

What types of terms do justices/judges on the TX Supreme Court and the TX Court of Criminal Appeals have?

6-year staggered terms

How many Americans perceive the Court as affecting their daily lives?

91% of voters

State Board of Education

A 15 member body, composed of members who are elected from districts, which has responsibility over textbook selection, curriculum standards for public schools, and permanent school fund investments.

Penal Code

A body of law that defines most criminal offenses and sets a range of punishments that can be assessed.

Pay-as-you-go

A constitutional prohibition against state government borrowing money for its operating budget.

Statutory County Court

A court created by the legislature that exercises limited jurisdiction over criminal and civil cases. Also known as county courts-at-law, the jurisdiction of these courts varies from county to county. - Designed to deal with specific legal problems - Drunk driving cases are the primary criminal cases tried before these courts - Some hear appeals de novo from other courts

Municipal Court

A court of limited jurisdiction that hears cases involving city ordinances and primarily handles traffic tickets. Most are not courts of record, and appeals from them are heard de novo by a higher court.

District Court

A court with general jurisdiction over criminal felony cases and civil disputes. - Primary trial court in Texas - Has original jurisdiction over civil cases involving $200 or more in damages, divorce cases, contested elections, suits over land titles and liens, suits for slander or defamation, all criminal felony cases, and misdemeanors involving official misconduct.

Plural Executive

A fragmented system of authority under which most statewide, executive officeholders are elected independently of the governor. This arrangement places severe limitations on the governor's power.

Bicameral Legislature

A lawmaking body that includes two chambers.

Special Session

A legislative session called by the governor at any time other than the regular legislative session.

Justice of the Peace Court

A low-ranking court with jurisdiction over minor civil disputes and criminal cases. Have original jurisdiction in civil cases when the amount in the dispute is $10,000 or less, and over criminal offenses that are punishable by fines only.

Civil Lawsuit

A noncriminal legal dispute between two or more individuals, businesses, governments, or other entities.

Conference Committee

A panel of House members and senators appointed to work out a compromise on a bill if the House and the Senate passed different versions of the legislation.

Productivity Brand

A party's reputation for passing partisan legislation.

Plea Bargain

A procedure that allows a person charged with a crime to negotiate a guilty plea with prosecutors in exchange for a lighter sentence than he or she would expect to receive if convicted in trial. - The use of plea bargains was prompted by delays in criminal cases

Staggered Terms

A requirement that members of state boards and commissions appointed by the governor serve terms that begin on different dates. - Ensures a level of experience by guarding against situations in which all board members leave office at the same time.

Filibuster

A senator who uses the Senate allowance of unlimited debate (only exists because of Senate rules); to talk a bill to death by preventing it from being voted on. A senator may keep talking unless there is a cloture vote by 60 senators. It is very rare for a party to have a filibuster-proof majority in the Senate.

Select Committee

A special committee (usually appointed by the governor, the lieutenant governor, and the speaker) that studies a specific issue and makes recommendations to the legislature. This panel usually includes private citizens as well as legislatures.

Calendars Committee

A special procedural committee in the Texas House of Representatives that schedules bills that have already been approved by other committees for floor debate.

Texas Railroad Commission

A three-member, elected body that regulates oil and natural gas production and lignite mining in Texas. - Originally created to regulate intrastate operations of railroads and trucking companies

Commissioner of the General Land Office

An elected official who manages the state's public lands and administers the Veterans Land program, which provides low-interest loans to veterans for the purchase of land and houses.

Commissioner of Agriculture

An elected state official responsible for administering laws and programs that benefit agriculture. - Supports agricultural research and education

Court of Appeals

An intermediate level court that reviews civil and criminal cases from the district courts. Texas has 14.

Secretary of State

An officeholder appointed by the governor who administers state election laws, grants charters to corporations, and processes the extradition of prisoners to other states.

How many special sessions can the TX governor call?

An unlimited number

Senatorial Courtesy

An unwritten policy that permits a senator to block the confirmation of a gubernatorial appointee who lives in the senator's district.

Speaker Pro Tempore

Assistant presiding officer in the House.

How do filibusters help members of the majority party in the Senate?

Filibusters help members of the majority party when they are pressured to support proposals that they privately believe are bad policy or risky politics. Marginal senators can publicly support their party's position while privately applauding the obstruction of the minority party.

Why can't Supreme Court Justices' salary be reduced during their tenure?

Because Justices are not elected, they can make unpopular decisions without fear of losing their position.

Why has the presidency become more powerful?

Because of the media and because as a country we have become more accepting of the idea that the President can push his ability to interpret how laws are carried out.

Veto Gates

Easy ways to kill a bill without the public knowing.

Party Whips

Enforces party discipline by 'whipping' members into shape; makes sure members show up to vote, keeps track of the popularity of bills and intended votes among his/her party.

Speaker of the House

Represents the majority party in the House of Representatives; can be very powerful. Uses powers to advance partisan goals in part by deciding who gets to head committees, which bills go to what committees, and what gets voted on.

Felonies

Serious criminal offenses for which prison sentences can be imposed.

How is the filibuster different in the TX Senate from the US Senate?

TX senators can filibuster, but it is much harder than in the US Senate. - Only one senator can do it (no teams) - Must remain standing without food, water, or bathroom - Must talk about things germane to the bill - There are no cloture votes

How do term limits affect partisanship?

Term limits and forced turnover make legislative candidates rely on outside party actors for recruitment and election resources and political support instead of being able to create independent power bases over time.

How does the law of unintended consequences relate to term limits?

Term limits inadvertently empowered parties and interest groups by creating less experienced candidates who are more dependent on them.

The Amendment Process

The process by which members of Congress add/subtract things to bills under consideration by the chamber. Rules are determined by the chamber (the House is more restrictive).

Senate Majority Leader

The real leader of the Senate; represents the majority party; not as powerful as the Speaker of the House though has similar duties.

Lieutenant Governor

The second-highest-ranking official in Texas. - Becomes governor if the governor dies, resigns, becomes incapacitated, or is removed from office - Presiding officer of the Texas Senate - Chairs the Legislative Budget Board - Elected statewide to a four-year term - The office's legislative powers far exceed those of the VP on the federal level

Attorney General

The state's chief legal officer (elective position). - Represents the state in lawsuits - Is responsible for enforcing the state's antitrust, consumer protection, and other civil laws - Issues advisory opinions on legal questions to state and local officeholders - Has little responsibility for criminal law enforcement

Comptroller of Public Accounts

The state's primary tax administrator and revenue estimator (elective position).

Governor

The state's top executive officeholder.

How is contestation functioning differently at the federal and state levels?

US House → the share of uncontested seats is low and has been steadily falling for decades State legislatures (lower chambers) → the share of uncontested seats is high and moving in the opposite direction from Congress

How can the Texas Legislature override the Governor's veto?

Vetoes can be overridden by a 2/3 vote in both chambers.

What does it mean for a case to be heard en banc?

When all of the judges of an appellate court sit to hear a case.

When does Congress give up delegated powers?

When it wants decisive action

Polarization

When the parties' ideological views are clustered around two poles (far left or right) with few in the middle

Why are there few opportunities for party compromise in Congress?

Ideological distance → polarization

What has driven the decline in (state legislature) electoral competitiveness?

Increased partisanship → voters do not ticket-split as often anymore

What does the Constitution do to ensure Supreme Court independence?

Justices are appointed by the President (with consent of the Senate) for life, as long as it is "during good behavior."

Minority Leader of the House

Leader of the minority party in the House of Representatives.

Senate Minority Leader

Leads the minority party in the Senate.

Standing Committees

Legislative committees that specialize in bills by subject matter or play a procedural role in the lawmaking process. A bill has to win committee approval before the full House or Senate can consider it.

How long does the governor have to veto a bill?

Legislature is in session → 10 days (minus Sundays) After the legislature adjourns → 20 days - Most gubernatorial vetoes are issued after the legislature has adjourned and does not have the opportunity to attempt an override

How might majority parties find more support to reform the filibuster?

Majority parties can find ways to help marginal members navigate the tensions between their party base and the moderate preferences of their constituents.

What are the TX governor's appointive powers?

- The TX governor's administrative authority is severely limited by the plural executive. - A governor cannot remove a predecessor's appointees. With the approval of 2/3 of the Senate, a governor can fire his or her own appointees. - The governor appoints individuals to fill vacancies on all courts at the district level and above, US senators who die or resign, and other statewide officers except for the lieutenant governor.

The Powers of Congress

1) Make laws 2) Control funds (power of the purse) 3) Tax and spend 4) Coin money 5) Declare war

Requirements for Supreme Court Legitimacy

1) Must be viewed as an impartial, unbiased arbiter 2) Must be independent of the other branches 3) Public must respect the Court as legitimate

What are the negatives of the importance of relationships in the TX Legislature?

1) People may vote on personal ties over issue preferences 2) Challenging for new legislators or for existing legislators that are not liked

What are the Constitutional powers of the President?

1) President has "the power of the sword" → commander in chief of the military 2) Power to make treaties (with consent of the Senate) 3) Can grant pardons for those violating federal law 4) Can nominate Supreme Court judges, Ambassadors, agency heads, attorney general, etc 5) Can veto bills passed by Congress 6) Has the power to execute laws passed by Congress 7) Can call special sessions of Congress

What are some trends relating to the presidential use of vetoes?

1) Presidential approval tends to drop during periods in which the President is issuing the most vetoes 2) Veto usage has been on the decline

What are the President's enumerated diplomatic powers?

1) Recognize/refuse to recognize other countries without the consent of Congress 2) Issue executive agreements 3) Make treaties (with consent of the Senate)

Core Functions of Intra-party Caucuses

1) Signals constituents and other stakeholders (touts the groups' successes) 2) Fosters group decision making to gain bargaining power 3) Provides selective benefits to its members (access to party leaders and prestigious committee seats)

What challenges do members of the TX Legislature face?

1) TX House and Senate are redistricted every 10 years after the census (like the US House) 2) Constant campaign and the fact that most of them are citizen legislators (with other jobs) → can create a knowledge disadvantage relative to lobbyists and interests groups

Why is the threat of special sessions in the TX Legislature effective?

1) The legislators want to be home with their families and among their constituents (= votes) 2) Legislators are not making money at their other job(s) if they're in Austin

What are avenues for reform relating to the uncontested rate of state legislatures?

1) The method of redistricting (uncontested seat rates drop after redistricting occurs) 2) Innovations that invite more (and more kinds of) candidates to run for office

What are the purposes of a TX senator's filibuster?

1) To draw media attention to the bill 2) To get the attention of other senators (and possibly change their minds) 3) To get the attention of their constituents

The Primary Purpose of the Supreme Court (today)

1) To interpret the Constitution in cases where it is unclear *NOT to make laws, that's Congress' job

What are three theories of where vetoes come from?

1) Vetoes are the result of poor information about the President's preferences and priorities 2) Presidential vetoes are instances of blame-game politics 3) The 'folk' idea that the veto is a symbol of political strength

How many members are in the Texas House?

150 members

How are American Congress and the Texas Legislature similar?

Both: 1) Have the power of the purse (to tax and spend) 2) Can give powers to the executive and judiciary not provided for or prohibited by the Constitution (US or TX) 3) Have exclusive authority to propose and approve bills in lawmaking 4) All bills not approved by the last day of the session are dead 5) The TX House can impeach state judges and executive branch officials (like the US House) who are then tried in the Senate (like US Senate)

Why can't Congress change the President's pay while he is in office?

Congress could use salary as a tool to weaken the independence of the executive branch.

Veto

The power of the governor to reject, or kill, a bill passed by the legislature. The governor of TX has one of the strongest veto powers of any governor.

Misdemeanors

Minor offenses punishable by fines or short sentences in county or city jails.

What was Walter F. Mondale's proposal for the role of the VP?

Mondale proposed that the VP serve as an across the board presidential advisor and troubleshooter to help presidents identify and achieve administrative goals. This shifted the view of a VP from a contingent presidential successor to a contributor to presidential success.

What is the level of contestation attributed to?

NOT the political competitiveness of the state, but whether the party balance in the legislature makes it appear 'flippable' (especially to the minority). Seats are less likely to be challenged when it seems that one party has a lock on the legislature.

What is unique about the Nebraska Legislature?

Nebraska has a non-partisan, unicameral legislature. - Not organized on the basis of party in the chamber - Legislators don't run with a party on the ballot - Used to limit Democrat vs Republican conflict but partisanship affects legislative behavior more now because of the adoption of term limits

Majority Leader of the House

Number 2 behind the Speaker; schedules legislation and oversees committees.

Line-Item Veto Act of 1996

On budget bills, Congress gave the President a line-item veto: the ability to go through a law line-by-line and veto parts of it while accepting the whole. - Almost all state governors have the line-item veto (including TX), but the Constitution does not give the President this power.

Trade Promotion Authority (2015)

President now has the power to submit some international trade agreements to Congress under a special closed rule → requires an immediate yes-or-no vote and no filibusters. This is arguably unconstitutional.

State Ethics Commission (1991)

Recommends legislative pay raises to voters and can set per diem on its own.

What is a core requirement of democracy?

That voters be offered choices at the ballot box.

Regular Legislative Session

The 140-day period in odd-numbered years in which the TX Legislature meets and can consider laws on any issue or subject.

How did the Constitution design Congress?

The Constitution is designed so Congress is collectively powerful, but individual members are weak, and Congress is slow to act.

Who determines if a specific piece of legislation falls within the governor's call for a special session?

The Lieutenant Governor and the Speaker

Where does most of the Lieutenant Governor's power come from?

The Lieutenant Governor is a member of the executive branch, but most of his power comes from presiding over the Senate.

Presidential Appointment Efficiency and Streamlining Act of 2011

The President can appoint some lower-tier positions without Senate approval.

How is the President constitutionally designed?

The President is constitutionally designed to be able to act swiftly and decisively in the areas where he is powerful.

What does SCOTUS do?

The Supreme Court decides controversial cases about the Constitution and actions of other branches of government.

Clinton v City of New York (1998)

The Supreme Court ruled that the line-item veto was unconstitutional in part because it amounts to creating law, which has to be done by Congress.

Constitutional County Court

The TX Constitution provides for 254 courts with limited jurisdiction. The county judge, who is also the presiding officer of a county's commissioners court (a policymaking body), performs some limited judicial functions in some counties.

How are American Congress and the Texas Legislature different?

The TX Legislature only meets for 140 days in odd-numbered years. Short sessions: (1) create legislators who are focused on their other lives as private citizens and (2) promote efficiency (but also make it difficult for bills to pass). This means that relationships are more important in the TX Legislature than in Congress.

What are the roles of the TX Supreme Court?

The TX Supreme Court develops administrative procedures for state courts and rules of civil procedure. - Appoints the Board of Law Examiners - Has oversight of the State Bar

The Law of Unintended Consequences

The actions of people (and prominently government) always have effects that are unanticipated or unintended.

President Pro Tempore

The assistant presiding officer of the Senate; chosen by senators from among their membership on a seniority basis; third in line of succession to the governorship.

Appellate Jurisdiction

The authority of a court to review the decisions of lower courts to determine if the law was correctly interpreted and legal procedures were correctly followed.

Original Jurisdiction

The authority of a court to try to resolve a civil lawsuit or criminal prosecution being heard for the first time.

Institutionalization

The complex process of institutional change and adaptation in the organization and operations of the legislature.

Bifurcated Court System

The existence of two courts at the highest level of the state judiciary. Texas and Oklahoma are the only two states that use this system. 1) Texas Supreme Court → court of last resort for civil and juvenile cases 2) Texas Court of Criminal Appeals → court of last resort for criminal cases

What does the filibuster do?

The filibuster limits the Senate majority party's ability to pass legislation and makes the minority party more powerful.

What are the TX governor's legislative powers?

The governor has the authority to 1) Call and set the agenda for special sessions 2) Veto proposed legislation

What law does the effect of term limits on state legislatures demonstrate?

The law of unintended consequences

Procedural Congressional Majority

The majority needed to select a chamber's leaders, committee members, and rules.

Substantive Congressional Majority

The majority required to pass legislation.

What is a determining factor in the casting of tie-breaking votes in the Senate by the VP?

The party composition of the Senate

Uncontested Rate

The percentage of seats with only one candidate listed on the ballot.

Line-item Veto

The power of the governor to reject certain parts of an appropriation, or spending, bill without killing the entire measure.