Texas Pols Exam 2 Review

Penry v. Johnson (2001)

"Mitigating evidence" Regarding mental capacity.

Lawrence and Garner v. Texas (2003)

"The Texas statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual.

Secretary of State

-the only officeholder appointed by the governor who administers state election laws, grants charters to corporations, and processes the extradition of prisoners to other states. -Held By: Ruth Hughs

Fisher v University of Texas (2013-2016)

-top ten percent -The strict scrutiny test may be used when groups with a history of discrimination are considered.

Plyler v Doe ( 1981)

-withhold from local school districts state funds for educating children of illegal aliens. -The state failed to show a compelling interest.

How do bills become laws?

1) Bill Introduced 2) Committee Action 3) Floor Action 4) Conference Action 5)Gubernatorial Action 6) Law

What are the formal qualifications to being governor?

30 y/o, U.S. citizen, and a Texas resident for at least 5 years

Calendars Committes

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

When did the governor term change from 2 to 4 years?

After the passage of the Constitution of 1876 (after dislike of the abuses and "radical ideology" if E.J. Davis)

What is your understanding of senatorial courtesy?

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

5. Gubernatorial Action

Governor: The Governor signs the bill, lets it become law without signing it, or vetoes it.

Conference Committee

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.

What are the terms of office for senators and house members?

House: 2-year term Senate: 4-year staggered terms

2. Committee Action

House: Committee - After public hearing, committee approves bill, possibly with amendments, and sends it to the Calendars Committee to schedule for debate by full House. Senate: Committee - After public hearing, committee approves bill, possibly with amendments.

1. Bill Introduced

House: First Reading - Bill is introduced, numbered, and referred to committee by Speaker. Senate: First Reading - Bill is referred to committee by Lieutenant Governor

United States v. Texas (2016)

Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program (DAPA)

LEAL GARCIA v. TEXAS (2011)

Due Process Clause

San Antonio ISD v. Rodriguez (1974)

Education is a state issue and not a federal issue.

Carmell v Texas (1999)

Ex-Post FACTO

Agency

the type of representation in which a representative is held accountable to a constituency if he or she fails to represent that constituency properly.

The Senate

tries the case and finds guilt or innocence

Whole Women's Health v Hellerstedt (2016)

undue burden on women exercising their right under the U.S. Constitution to end a pregnancy,

Select 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 legislators.

How can a governor be removed from office? If he or she is removed, who assumes the office? What is the succession plan if a governor cannot fulfill the term?

Removed through Impeachment proceedings/ conviction (by recall in some other states); if the governor cannot fulfill the term: the lieutenant governor replaces them until the next general election

Formal requirements of the Texas House and Senate

Senate: 26 y/o, qualified voter, living in Texas for 5 years, and the district they want to be elected from for 1 year House: 21 y/o, qualified voter, residing in Texas for 2 years, and the district they want to be elected from for 1 year.

Rothgery v. Gillespie County (2008)

Sixth Amendment right to counsel

Who is the head of the House? What are their powers?

Speaker of the House; makes committee appointments

What is the most meaningful power the governor regarding legislation?

Special sessions, veto, line-item veto, and threat of veto (doesn't really give much weight to these powers in relation to one another but Texas has the strongest governor veto so...)

What are the informal qualification to being governor?

Strong name recognition, prior elected experience, successful at fund-raising for campaign and party, support from national party, gender, race, religion, profession, income level, incumbency, education, experience, party, and ideology

There are always conversations regarding decreasing bureaucracies. The fact is they are growing, why is that?

They are growing because of the continuous development of the country, government, technology, and the economy

Why has the bureaucracy grown in recent years?

They are growing because of the continuous development of the country, government, technology, and the economy

Sweatt v. Painter (1950)

This case is about equality of enrollment in our state universities.

6. Law

Withstanding a gubernatorial veto, a bill becomes a law.

3. Floor Action

House: Second Reading - Bill is debated by full House, amended by majority vote, and given preliminary approval. House: Third Reading - Bill can be amended by 2/3 vote and given final approval. Senate: Second Reading - Bill is debated by full Senate, amended by majority vote, and given preliminary approval. Senate: Third Reading - Bill can be amended by 2/3 vote and given final approval.

In bureaucracies employees must protect their agencies. What is the Whistle Blower Protection Act?

If an employee is subjected to retaliation after having come forward, the law permits the worker to file a lawsuit against the offending agency.

4. Conference Action

In many cases in which House and Senate bills differ, one chamber will accept the other chamber's version. If not, a Conference Committee is appointed to work out the differences. The House and Senate must then approve the Conference Committee report.

Who is the head of the Senate? What are their powers?

Lieutenant Governor is president of the Senate; agenda-setting and committee appointments

Sociological

a type of representation in which representatives have the same racial, gender, ethnic, religious, or educational backgrounds as their constituents.

Why do sitting members of Congress almost always win?

almost always win because of this advantage which entails name recognition, and public knowledge of personal political agenda

Finance Committee

budget and tax bills

The House of Representatives

can bring a charge of impeachment

State Affairs Committee

handles a variety of major legislation

Eighty percent of state government employees work in five areas:

higher education, highways and public safety and corrections, and social services.

The governor

many times has a very difficult time due to the fact that he is "the face of our state" but has very limited power

Informal requirements of the Texas House and Senate (what the voter finds important)

party identification, name familiarity, gender, ethnic characteristics, and political experience

The Executive Department and the Office of the Governor of Texas

plural executive senatorial courtesy, governor's budgetary powers

The Texas Legislature

representation and oversight, impeachment (requirements etc) terms of office (requirements etc) how to bills become a law? Who gets to be on the floor during session

Standing Committees

specializes in bills by subject matter or plays a procedural role in the lawmaking process. A bill has to win committee approval before the full House or Senate can consider it.

How did Max Weber describe the characteristics of bureaucracies?

Max Weber argued that the bureaucratic organizational form is characterized by six features: 1) Specialization and Division of Labor; 2) Hierarchical Authority Structures; 3) Rules and Regulations; 4) Technical Competence Guidelines; 5) Impersonality and Personal Indifference; 6) A Standard of Formal, Written Communications.

Smith v Allwright (1944)

Meaning the case abolishes the White primary

What is the power of incumbency?

the person currently holding a position in government (such as the president) is more likely to be reelected;

Texas v Brown (1983)

-"Plain View Doctrine"

Salinas v Texas (2012)

-5th. Amendment's Self-Incrimination Clause -You must explicitly invoke or claim that right. It is not assumed.

Hernandez v. Texas (1951)

-6th., 14th. Amendment issues; Equality under the Law. -right to jury selection.

Ruiz v. Estelle (1972)

-8th. Amendment -Mandated separate prisons for violent and non-violent offenders, better health care, better ratio of guards to prisoners, established 95% capacity.

State Board of Education

-A fifteen-member body composed of members who are elected by districts that has responsibility over textbook selection, curriculum standards for public schools, and Permanent School Fund investments. -Held By: Chair Keven Ellis, Vice Chair Marty Rowley, and Secretary Georgina Pérez (these are the board officers)

Railroad Commission

-A three-member, elected body that regulates oil and natural gas production and lignite mining in Texas. -Held By: Christi Craddock, Wayne Christian, and Ryan Sitton

Land Commissioner

-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. -Held By: George P. Bush

Agriculture Commission

-An elected state official responsible for administering laws and programs that benefit agriculture. Weights and Measures, packaging and labeling, product quality, and marketing. -Held By: Sid Miller

Overseeing State Agencies

-Assigns: specific state agencies and local governments the responsibility for carrying out hundreds of new laws enacted each session. -Ensure: agencies are doing what they are charged with by law, and this review, or "oversight," process is achieved through legislative budget hearings, other committee investigations, and program audits. -Confirming or rejecting the governor's appointees: to hundreds of state boards and commissions that administer public programs.

Regarding the executive department, there are many offices independently elected.

-Attorney General -Land Commissioner -Railroad Commission -Agriculture Commission -Comptroller of the Public Accounts -Lieutenant Governor -Secretary of State -State Board of Education

Grovey v. Townsend (1935)

-Democrat primaries in Texas and most of south were white-only. -Primaries were essentially private affairs and therefore not subject to limitations imposed by state and national government. Dejure discrimination.

US v. Lopez (1995)

-Did US overstep authority? Yes. 4th. Amendment issue -Does not affect interstate commerce. Fed overstepped grounds by getting involved in state matter.

What are the powers of a legislature?

-Enacting laws -Representation -Appropriations -Overseeing State Agencies -Educating the Public

When the legislature is in session only certain people are allowed on the floor. Who are these people?

-People allowed on the floor: (basically, the person in charge of said chamber will choose who speaks, and it will always be an elected official, not a civilian) -"Other than the Vice President and Senators, no person shall be admitted to the floor of the Senate while in session" -"the Speaker of the House may recognize members for one-minute speeches. The rules of the House do not specifically provide for one-minute speeches, rather they have evolved as a unanimous consent practice of the chamber, where members must ask for unanimous consent to address the chamber"

Which of the policy making process does the bureaucracy closely relates to?

-Policy implementation; "it's up to bureaucratic agencies to implement and enforce policy" ← quote from khan academy -"It is involved in virtually every stage of the policymaking process.

Roe v. Wade (1973)

-Privacy issue, Right to choose. -Recognizing Griswold

Appropriations

-Sets the budget for the governor, the bureaucracy, and the state courts. Decides on tax increase or reduction, and how the burden is distributed

Types of committees

-Standing Committees -Calendars Committee -Finance Committee -State Affairs committee -Conference committee -Select Committee

Understand the Sunset Advisory Commission. What does this committee do? Why was it created? Has it been successful? (timeline)

-Sunset Advisory Commission/ Review: The process under which most state agencies have to be periodically reviewed and re-created by the legislature or be eliminated. -Created to: review how effectively state agencies are doing their jobs -Successful? (as stated in lecture) yes

Edgewood v. Kirby (1989)

-Texas system of educational funding is a violation of the 14th Amendment of Equal Justice -Creates "Robin Hood" plan.

Lieutenant Governor

-The presiding officer of the Senate. This officeholder becomes governor if the governor dies, resigns, becomes incapacitated, or is removed from office; primary legislative office in Texas; also chairs the Legislative Budget Board. -Held By: Dan Patrick

Attorney General

-The state's chief legal officer. He or she represents the state in lawsuits(primarily a civil lawyer); is responsible for enforcing the state's antitrust, consumer protection, and other civil laws; and issues advisory opinions on legal questions to state and local officeholders. This elected official has little responsibility for criminal law enforcement. -Held By: Ken Paxton

Comptroller of Public Accounts

-The state's primary tax administrator and revenue estimator. It is an elective position; manages the state's budget. -Held By: Glen Hegar

Governors also have the power of veto. What are the dynamics of this power?

-The veto itself: The power of the governor to reject, or kill, a bill passed by the legislature. -Can also use the threat of veto; legislatures feel pressured to change the bill to the liking of the governor

Enacting Laws

-chief policy-making branch of the state government; primary task: to decide how conflicts of competing groups and interests are to be resolved through the lawmaking process -Every two years enact laws governing: behavior, allocating resources, benefits, And define duties of those institutions and bureaucrats responsible for enforcing

Representation

-members are chosen in free elections; use many methods to learn what their constituents think, including public opinion polls, questionnaires, phone calls, town hall meetings, and personal visits.

Educating the Public

-speeches, letters to constituents, news releases, newsletters, websites, emails, social media, and other techniques to explain the legislative process and substantive policy issues.

Why is the lieutenant governor constitutionally more powerful than the governor?

1. The lieutenant governor is elected independently of the governor and does not have to belong to the same party as the governor. 2. He or she is the presiding officer of the Senate, and Senate rules have traditionally given the lieutenant governor enormous power over that body. 3.The lieutenant governor also chairs the Legislative Budget Board, which plays a key role in the state budgetary process. 4. The office's legislative powers far exceed those of the vice president on the federal level.

Texas v. Johnson (1989)

1st Amendment. Symbolic Speech.

The Texas Bureaucracy

Bureaucracies are involved in the implementation and execution of policies enacted by the legislature, but at all levels of government, bureaucracies are involved in virtually every stage of the policy-making process.

Jurek v. Texas (1977)

Challenged DP as Cruel and Unusual punishment (8th.)Is DP cruel and unusual punishment? SC said no

Where does Texas rank in spending per capita?

Texas has increased by some 75 percent since the 2002-2003 biennium, with the legislature appropriating $209 billion for the 2016-2017 budget period; In 2015, the state spent approximately $4,200 per person. Ranks in the lowest 5 states

There has been a concern that future bureaucracies will suffer in finding employees. Why is that?

The aging population is retiring; Millenials are turned off by the hierarchical structure of government agencies and prefer employment in organizations that emphasize individual development and creativity

What are the budgetary powers of the governor?

The governor has weaker budgetary authority than most other states; Legislative Budget Board is the lead in budget setting; Both governor and LBB make budgetary recommendations

Why are legislators normally business owners or attorneys?

The low legislative pay and increasing demands on legislators' time, even when they are not formally in session, preclude many salaried people from serving

Our governor has the power of line-item veto. How can he use this power?

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