POL exam
Penry v. Johnson (2001)
"Mitigating evidence" Regarding mental capacity.
Texas v Brown (1983)
"Plain View Doctrine". For Doctrine to apply, not only must the officer be legitimately in a position to view the object, but also it must be "immediately apparent" to the police that they have evidence before them.
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."
Evenwel v. Abbott (2016)
A United States Supreme Court case in which the Court held that the principle of one person, one vote, under the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution allows states to use totally l population, not just total voting-eligible population, to draw legislative districts.
Why do we elect governors in off year elections
A major reason why some states and local governments hold their elections in odd years is because it is less likely that they would be affected by the same level of federal authority and national influence during presidential and midterm elections.
formal requirements for seeking a seat in either the Texas House of Representatives & the Texas Senate
A senator must be at least 26 years of age, a resident of Texas for five years prior to election and a resident of the district from which elected one year prior to election.
What are terms of office for senators and house members?
A senator's term of office is six years and approximately one-third of the total membership of the Senate is elected every two years
Roe v. Wade (1973)
Abortion rights fall within the privacy implied in the 14th amendment
Fisher v University of Texas (2013-2016)
Fisher was not in the top ten percent of her class, so she competed for admission with other non-top ten percent in-state applicants. The University of Texas denied Fisher's application The strict scrutiny test may be used when groups with a history of discrimination are considered.
Why is it very difficult to hold a specific person in Texas government responsible for anything?
Government is fragmented and policy responsibility is divided.
Regarding the executive department, there are many offices independently elected. Understand who they are and what they do.
Governor, who shall be the Chief Executive Officer of the State, a Lieutenant Governor, Secretary of State, Comptroller of Public Accounts, Commissioner of the General Land Office, and Attorney General.
What are the formal qualifications to being governor? Are there informal qualifications?
Having held elected office white, wealthy, well-educated, Protestant males
Who Did Greg Abbott defeat in 2014 and 2018?
He defeated the Democratic nominee, attorney Barbara Ann Radnofsky
What is the demographic of our legislature? What does it overall say?
House of Representatives: 224 Democrats (including 4 Delegates), 213 Republicans (including 1 Delegate and the Resident Commissioner of Puerto Rico), and 3 vacant seats. Senate: 50 Republicans, 48 Democrats, and 2 Independents, who both caucus with the Democrats.
Hernandez v. Texas (1951)
Courts rule that Mr. Hernandez didn't enjoy equal rights as he was "white" and not a minority therefore his right were not violated. The courts also said that defense was not allowed to be part of jury selection. 6th., 14th. Amendment issues; Equality under the Law.
Ruiz v. Estelle (1972)
David Resendez Ruiz filed against Texas Department of Corrections for - overcrowding, lack of access to health care, abusive security practices - lasted over a decade
Rothgery v. Gillespie County (2008)
Defendants have a right to counsel whenever a defendant learns of the charges against him and has his liberty subject to restriction (even if the prosecutor is not aware of or involved in the appearance) Sixth Amendment right to counsel
Leal Garcia v. Texas (2011)
Due Process Clause
Who is the head of the Senate? House? What are their powers?
the vice president serves as the president of the Senate: the Speaker acts as leader of the House: appoints half of all committee seats and also designates the chair
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
The power of the Texas governor to remove government officials is
very weak.
What is the incumbency advantage? Why to sitting members of office almost "always win"?
•$ (they are money/ Campaign machines) •Experience Franking privileges •Known Make good •Pork Positive news •"In" government Media savvy •Gerrymandering?
What are the powers of a legislature?
⁃ Enacts law (in article 1 of constitution) ⁃ Grants expressed powers (enumerated powers) ⁃ Implied powers
Sweatt v. Painter (1950)
Segregated law school in Texas was held to be an illegal violation of civil rights, leading to open enrollment.
Understand agency and sociological forms of representation.
Sociological: shares demographic traits, experiences, and interests with constituents Agency: representative has electoral incentive to act on constituent interest. (Don't have to be "like" your constituents to govern their wishes)
When did governors term change from 2 to 4 years
The present constitution of 1876 shortened terms back to two years, but a 1972 amendment increased it again to four years
How many House and Senate members are in Texas?
There are 150 members of the house of representatives as opposed to 31 members of the senate
What are the budgetary powers of the governor?
Veto required to submit budget to TX Leg has power to transfer agency spending
What is your understanding of senatorial courtesy?
a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state, especially from the senior senator of the president's party from that state.
How do bills become laws?
If a bill has passed in both the U.S. House of Representatives and the U.S. Senate and has been approved by the President, or if a presidential veto has been overridden, the bill becomes a law and is enforced by the government.
Dobbs v. Jackson Women's Health Organization (2022)
In 2018, Mississippi passed a law called the "Gestational Age Act," which prohibits all abortions, with few exceptions, after 15 weeks' gestational age. In a 6-3 decision The Court held that The Constitution does not confer a right to abortion; Roe v. Wade
How did the Supreme Court treat gerrymandering issues in 2019?
It allowed partisan gerrymandering based on the principle that no level of gerrymandering can be "too partisan."
Why do such a small number of bills (22%) pass?
Law making process itself is very long & complicated. Second, it has so many steps. Third, lawmakers sometimes introduce bills they know have no chance of becomming a law.
What would the succession plan be if a governor is removed from office, resigns, or dies or becomes incapacitated while in office?
Lieutenant Governor, Senate President Pro tempore, Speaker of the House, Attorney General, Justices of the Courts of Appeals
Fort Bend County, Texas v. Davis (2019)
Lois Davis was an (IT) supervisor for Fort Bend County, Texas. She filed a complaint with the county human resources department alleging that the IT director In a unanimous decision, The Court held that they did not ultimately have jurisdiction as the claim had not been exhaustive of its administrative
Which is the highest appointive office in Texas?
Lt. Governor
Terry v. Adams (1953)
eliminated privately administered elections
Carmell v Texas (1999)
ex post facto
We looked at several governors of the past. What made them unique?
executive orders, executive budgets, and legislative proposals and vetoes.
ISD v. Rodriguez (1974)
fundamental right to education, since it did not systematically discriminate against poor people. Education is a state issue and not a federal issue.
In Texas, the lieutenant governor
is elected separately from the governor but succeeds the governor should the office be vacated.
informal requirements for seeking a seat in either the Texas House of Representatives & the Texas Senate
married, college-educated, members of civic organizations, have considerable personal money and access to campaign funds, and have the support of the local media.
After the 2010 and 2020 US Census, Texas gained __ representatives than any other state
more
Fundamentally, the Supreme Court decisions in Baker v. Carr and Reynolds v. Sims were based on the principle of
one person, one vote.
Why is the Texas governor's power exceptionally weak as compared to that of the governors of some other states?
plural executive system
What is arguably the most important informal power?
power to persuade and the message power
Whole Women's Health v Hellerstedt (2016)
religious discrimination under Title VII. What this essentially says is that you have to exhaust all remedies before you can appeal to USSC.
Senate Committees
standing committee: considers proposed bills and resolutions before possible floor debate and voting by senators. Select/Select/Interim committee: Speaker, Lt Gov. may consider legislation that crosses committee jurisdictional lines or may conduct special studies
Why are legislators poorly paid in Texas? When was the last time they received a raise?
Many legislators are attorneys or other successful business people with other significant sources of income, so that is why they are poorly paid. Members of the legislature are paid $7,200 a year, plus $221 per diem while in session •Last time salary increase was 1975 (by Constitutional Amendment)
Speaking of impeachment, understand the burdens of proof and who oversees the impeachment
the House of Representatives oversees impeachment A witnesses may be impeached with evidence that shows a defect in his or her perception, memory, or truthfulness, such as evidence of bias, mistake, character for untruthfulness, or prior inconsistent statements.
Which office created in 1876 functions as the chief fiscal and revenue forecasting office and is responsible for investing state funds?
the comptroller of public accounts
When the legislature is in session only certain people are allowed on the floor. Who are these people?
the legislature or the governor can call for special sessions.
What is the most meaningful power the governor regarding legislation?
the power to veto whole legislative measures
How can a governor be removed from office?
the state legislature can impeach the governor
House Committees
-Substantive: considers bills and resolutions related to the subject -Procedural: (such as the Calendars Committee and House Administration Committee) consider bills and resolutions relating primarily to procedural legislative matters.
How do bills become law? I know broad. Concentrate on what we spoke of
-Substantive: considers bills and resolutions related to the subject -Procedural: (such as the Calendars Committee and House Administration Committee) consider bills and resolutions relating primarily to procedural legislative matters.
How much time does the governor have to veto a bill?
10 days
Which of the following is NOT an accurate argument in favor of annual sessions? A. Annual sessions raise the legislature's status and check executive power. B. Annual sessions allow for more continuous oversight. C. Annual sessions afford legislators more time to study proposed legislation. D. Annual sessions allow for more rapid responses to legislation that requires state participation.
C. Annual sessions afford legislators more time to study proposed legislation.
Which of the following statements about reapportionment is NOT accurate? A. It is based on the federal census. B. It may cause a state to gain or lose congressional representatives. C. It redraws the congressional district boundaries within the state. D. It occurs every 10 years.
C. It redraws the congressional district boundaries within the state.
Jurek v. Texas (1977)
Challenged DP as Cruel and Unusual punishment (8th.)
Biden v. (Texas 2022)
Migrant Protection Protocols (MPPs),
Salinas v Texas (2012)
Pre-Miranda silence can be used against defendant because you must INVOKE your rights in order to receive the protections.
Walker v. Texas SCV Inc. (2015)
Texas SCV sued in federal district court claiming their First and Fourteenth Amendment rights were violated. The TDMV argued that the Free Speech Clause did not apply in this case because license plates are a form of government speech Texas maintains direct control over the messages on its specialty plates from design to final approval.
Plyler v Doe (1981)
The US Supreme Court reasoned that illegal aliens and their children, though not citizens of the United States or Texas, are people "in any ordinary sense of the term" and, therefore, are afforded Fourteenth Amendment protections. The state law severely disadvantaged the children of illegal aliens by denying them the right to an education. Texas could not prove that the regulation was needed to serve a "compelling state interest" so Supreme Court struck down the law as unconstitutional, allowing illegal immigrant children a free public education.