Chapter 2B: Political Science

The current Texas Constitution

1. Is compatible with the political climate of the state 2. Supports the idea of limited govt. 3. Is in line with voter's desires for decentralization

Which of the following is true of the 1861 constitution?

1. It contained a provision to secede from the Union 2. It was essentially the same as the 1845 constitution 3. It prohibited the emancipation of slaves

Which of the following describes Article 2 of the Texas constitution?

1. More explicitly refers to the separate checks on the branches of govt than does the US constitution 2. Discusses the separation of powers in Texas govt.

Voter turnout for constituitional amendments in Texas tends to be low because:

1. Most amendments face little opposition 2. The subject matter of most amendments are not of interest to most voters. 3. Amendments are placed on ballots in odd numbered years when there are no state-wide elections

The due process clause requires states to:

1. Provide protection for citizens in criminal proceedings 2. Treat all citizens equally 3. Follow certain rules and procedures

The constitution of 1876 (3)

1. Restricted the powers of the legislature 2. Reestablished many statewide and local elected officers 3. reflected the traditionalistic/individualistic political culture of the state.

Under supremacy principles, ________ passed by state legislatures are superior to ___________ passed by local govts.

1. Statues 2. Ordinances

Which of the following was part of the state constitution of Coahulla y Tejas in 1827?

1. a unicameral legislature 2. A state religion

As compared to the average state constitution, Texas's constitution

1. has more amendments 2. is longer

The Equal protection clause and due process clause of the ___________ amendments extend protections of the BOR to the actions of state and local govts.

14th

McCullough v. Maryland

1819 Maryland taxed national Bank Marshall Necesssary and proper clause

The state of Coahulia y Tejas

1827 Unicameral No bill of rights disregarded sections: Catholicism as a state religion and slavery

1869

4th constitution "reconstruction"

The republic of Texas constitution in 1836 was:

A composite of the US constitution and the constitutions of several southern states

What article and section grants congress the right to tax and spend to promote general welfare?

Article 1, section 8

Interstate Commerce Clause

Article in the US constitution that gives congress the exculsive power to regulate commerce between the states.

During most of the 19/20th centuries, a system called ________ _____________________ operated the US, under which the national govt. exercised powers delegated to it by the constitution and the state govts. provided basic services to citizens.

Dual Federalism

Article 7

Education

The constitution of 1876

End of Reconstruction None of delegates at this wrote 1869 constitution landowners, strongly objected to the centralist govt. "antigovt sentiments"

Article 1 BOR

Equal rights amendment in 1972 Habeas Corpus wont be suspended for crime victimes

Article 4

Executive dept Governor, lieut. gov, comptroller of public accounts, commissioner of general land office, attorney general. Governor: no term limit, 4 years

Plural Executive System

Executive power of governor is divided among several state wide elected officials

Which clause of Article 4 of the constitution requires one state to recognize a divorce concluded in another state?

Full faith and credit

Block grants

Grants that may be used for broad purposes; greater discretion.

Categorical Grants

Grants that may be used to fund specific purposes as defined by the fed govt

Which of the statements is most accurate regarding the Texas Constitution?

It is one of the longest state constitutions in the nation

Article 5

Judicial dept: multiple courts SC: 8 Justices and on CJ Court of Criminal appeals: 8 judges, one residing judge: Justice: resident, 35 years and licensed

Article 3

Legislative Branch Senate: 31, HOR: 150 ; meet every 2 years for 140 days

SOP in Tx Govt: The Governor

Limited appointment power of some executive officials and judges in cases of vacancies, submits budget proposal to the legislature, serves on boards, can call special sessions and dictates special sessions agenda, veto and line item veto power. Secretary of state is appointed by the governor

In McCulloh v. Maryland, the SC provided a broad interpretation of the ___________ ______ _________ ___________, giving congress the authority to pass laws that it deemed appropriate so long as they are consistent with the letter and spirit of the constitution

Necessary and Proper Clause

Under president Nixon, state govts. were given more discretion in program administration and revenue sharing. The federal-state relationship during this time is referred to as:

New federalism

Separation of powers in Tx Govt: The Legislature

Propose/pass laws + constitutional amendments power to tax and set the budget, oversight power of state agencies and department, impeachment power of judges and executive branch officials

What are the two steps involved in the constitutional amendment process of most state's constitutions?

Proposing amendments and citizen approval

National Powers

Punish offenses against the laws of the nation, taxes (common defense and general welfare), money, courts below the S.C., armies, administer capitol district and military bases, declare war, state militia, copyrights, interstate/foreign commerce, armed forces, navy, standard weights and measurements, naturalization laws, punish counterfeit and piracies/ felonies, roads and postal service,

Voter initiative

Requires the collection of a prescribed number of signatures on a petition only 17 states only, Tx doesnt

Article 2

Separation of Powers

Which statement is accurate regarding amending state constitutions?

State constitutions are amended much more often than the national constitution

10th amendment

State power reserved to it; not to national govt.

Equal protection and due process clause

State/local govts must treat people equally and in accordance with established rules and procedures

Article 6

Suffrage

What stands in the way of broad changes to the Texas Constitution

The conservative nature of Texas politics

How do most constitutions governing American states compare to the federal constitution>

They are longer with greater detail

What is the function of statements on civil liberties in state constitutions?

To recognize basic freedoms

The 1845 Statehood constitution reflected which political cultural characteristic?

Traditionalistic

Statehood constitution of 1845

Tx joined union Women granted property rights = men Homestead protected from forced sale to pay debt Limited executive authority

1861 constitution

Tx joins confederacy: constitution like 1845

Which of the following best describes the success of constitutional amendments in Texas?

Voters have approved most proposed amendments

Social contract theory

all individuals possess inalienable rights and willingly submit to govt to protect these rights

Article 17

amending constitution

State powers

conduct local, state and national elections, establish republican govt.; infrastructure; administer family laws; establish criminal laws; education; tax estates and inheritance; protect public health and safey; regulate occupation/ profe.; interstate commerce; protect propery rights; regulate banks and credit; establish insurance laws; reg. charities; conduct public works and regulate land use.

The Interstate commerce clause is an article in the US constitution that gives _________ the exclusive power to regulate commerce between the states.

congress

In the US, the ______ both grants and denies power to the national and state governments

constitution

Article 9/16

counties and states

Legislature proposes change:

high vote of both houses: majority, 2/3 or 3/5

SOP in Tx Govt: The judiciary

interpret the law, settle all disputes in matters of criminal and civil law, popularly elected

Statues

laws passed by state legislatures

Criticisms of Tx constitution

length, wording, unclear organization, excessive detail, inflexibility, constant change, archaic language

Earmarks

money dedicated to a expenditure ex: tax on gas for highway infrastructure

1866 costitution

third state constitution rejoining union after civil war overturned by union

The republic of Texas Constitution of 1836

unitary (distrust in govt) president: one 3 year term w/ prohibitions against consecutive reelection, couldn't raise army w/o consent of the congress slavery legalized, freedom of religion, property rights protection

State constitutions=

weak executives, strong legislature