Government 2306 - Exam 1, GOVT 2306 Exam 3, Government 2306 - Exam 1, Exam 2 Gov 2306 Hadley, Texas Government Exam 2, Government 2306 Exam #2 - Spring 2019, Dr. Travis Hadley, GOVT 2306 EXAM 2, govt 2306 test 2... chapters 6, 7, 8,9,10,11, TX. GOVT...

Supremacy Clause

"... Laws of the United States ... shall be the supreme Law of the Land"

Federalist 70: "...weightiest objections to plurality..." (p. 4)

"...weightiest objections to plurality..." (p. 4) Issue of Safety: responsibility = safety "multiplication of executive adds to difficulty of detection" hard to know who's responsible no responsibility in executive department is "...an idea inadmissible in a free government."

Equal Protection Clause

"..nor shall any State deprive any person of life, liberty, or property, without due process of law..."

Federalist Paper #10

"By a faction I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community." (p. 1) faction is the problem for any republic causes of faction cannot be removed, control effects Republic ≠ Pure (or Direct) Democracy cannot be too few representatives (or they can conspire) and cannot be too many (or people will not understand government) states act like their own boss, "each state is sovereign, free, and independent"

De facto

"By choice or fact of existence" - influenced by segregated communities and neighborhoods - a product of local school attendance, not law.

De jure

"By law" - Brown v. Board ended this type of "legal" segregation.

"Virginia's Gun Control Defeat" article

"Democrats took over both houses...thanks in large part to voter support for gun control after mass shootings." "bill passed state House...51 to 48. But in the state Senate 4 Democrats joined every Republican on the Judiciary Committee to kill...assault-weapons ban." "voter backlash has been loud and swift, with more than 20,000 Virginia gun-owners rallying...at the state Capitol...91 of Virginia's 95 counties have also declared themselves to be 'Second Amendment sanctuaries'" "Every one of the leading Democratic presidential candidates favors a ban on so-called assault rifles. But support for individual gun rights runs deep across the country."

Necessary and Proper Clause

"Elastic Clause" Article I Section 8 Clause 18: "The Congress shall have Power to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other... allows Congress to execute its enumerated powers

Tenth Amendment

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Reserved powers (not implied [necessary & proper clause] or enumerated powers)

republican party division in Texas

"establishment" republicans: pro-business faction, dominant in recent decades; "tea party" republicans: libertarians, now challenging for control of direction of party, view government experience as negative, less open to bipartisan cooperation

According to the Texas Judicial Campaign Fairness Act, what dollar amount is a law firm limited to when donating to any statewide judicial candidate?

$30,000

According to the Texas Judicial Campaign Fairness Act, what dollar amount is an individual limited to when donating to a statewide judicial candidate?

$5,000

Federal Funds

$68.7 billion in 2014-15. Grants, payments, reimbursements, etc. that the state receives from the federal government.

Wrongfully convicted individuals in the state of Texas can receive a lump sum of ________ for each year they wrongfully served prison time, plus some additional yearly payments of up to ________ per year.

$80,000; $80,000

Dual Federalism

("dual sovereignty" or "layer cake"): 1789-1937; fundamental governmental powers were strictly separated b/w federal & state govts

Brown vs Board of Education

(1954) Supreme Court decision overturned Plessy v. Ferguson. Supreme Court ruled that all public schools should be desegregated with all deliberate speed. Segregation is unconstitutional. "Separate can never be equal."

voting (Texas)

(< 10% of TX voters vote in TX constitutional conventions; < 3% of eligible voters for local elections TX purposely sets different dates for elections for federal agenda don't influence TX voters for TX elections If there was a central day to vote for everyone, voter turnout would be better States are responsible for administeringelectoral processes

Riker and Ordeshook

(P*B) - C + D; P (probability) adjusted to be perceived probability; D: felt civic duty

Anthony Downs Theory of Democracy

(P*B) - C; P: probability of your vote being deciding vote; B: benefit earned from having voted; C: costs (e.g. gas to get to polling place, time off work, time to research candidates, time to vote, etc); take away: no one would vote

Which of the following best describes the requirement(s) necessary to be a judge of the Supreme Court?

-35 years of age -citizen of the US -resident of TX -practicing attorney or judge for at least 10 years

The generally accepted standard by which poverty is measured in the US is the...

-U.S. Department of Health & Human Services poverty index

In the 1973 San Antonio v. Rodriguez case, the Supreme Court ruled 5-4 that states such as Texas...

-are not required to subsidize poorer school districts under the equal protection clause.

Robin Hood Plan

-calls for wealthy districts to transfer funds to poorer districts in order to equalize funds available to all public schools across the state.

The Robin Hood Plan was found unconstitutional because it required...

-local voter approval of property tax levies & it prohibited a state property tax.

What Happened during the 2013 legislative session that changed the high-minded expectations about the education reform movement?

-the idea of testing to promote academic excellence was not being abandoned completely, but it no longer held center stage for reformers.

In Edgewood ISD v. Kirby, the key constitutional issue was...

-whether the phrase "an efficient system of free public schools" included school financing.

Appeals at the level of the court of appeals are typically heard by panels of how many justices?

1

Each county has at least how many district courts?

1

The Texas Constitution specifies that state payments for assistance to needy children and their caretakers shall NOT exceed ________ percent of the state's budget in any biennium

1%

Stages of public policy

1. agenda setting (identify problem): influenced by public and/or interest group activity, people are going to define the problem in different ways; 2. deliberation (formulate a solution): which interest groups are involved? what levels of government deal with this issue? how are we going to implement this solution? 3. policy enactment and implementation: establish goal and outline, allocate resources, implementation requires more fine-level decision making; 4. evaluate solution's effects: did the new policy solve the problem? how well? did it create any new problems (known as externalities)?

How Bill Becomes Law: House vs Senate

1. introduction- introduced in the House 2. committee action- referred to standing committee, to subcommittee (for study, hearings, revisions, approval), back to full committee for more hearings and revisions, to rules committee to set conditions for debate and amendments 3. floor action: debated, then passed or defeated; if passed, goes to full House or full Senate 4. conference committee: resolves differences between House & Senate versions of bill 5. congressional approval: House & Senate vote on final passage, approved bill is sent to the president 6. presidential action: president signs, vetoes, or allows bill to become law without signing; vetoed bills return to congress and may be overridden by 2/3 vote of each house

The stages of public policy making are

1.) Policy Agenda-define problem 2.) Policy Formation-what should be done 3.) Policy Adoption-who has authority 4.) Policy implementation-enforcement & execution 5.) Policy Evaluation-does it work?

Redistricting usually happens every __________ years so that it alligns with the new __________ results.

10; census

In Texas, felony juries are composed of ________ people and misdemeanor juries are composed of ________.

12; 6

Reconstruction: abolition of slavery

13th amendment: abolishes slavery and authorizes Congress to enforce abolition (1865)

The Texas legislature meets in regular session for

140 days every odd-numbered year.

There are _____ courts of appeals in Texas, with _____ justices serving those courts.

14; 80

The equal protection clause is a provision to which amendment?

14th amendment

5th Amendment

14th amendment Due Process clause of 1868 added the word "state" to 5th amendment imposes restrictions on the government's prosecution of persons accused of crimes. It prohibits self-incrimination and double jeopardy and mandates due process of law (fair treatment through the normal judicial system, citizen's entitlement)

State Board of Education (SBOE)

15 board members represent districts across state districts tend to favor incumbent and a party split; can lead to curriculum battles - e.g. evolution in 2009; serve four-year terms; created by Texas Constitution to implement a constitutional mandate to maintain a free public education system; Issues: teacher and student testing, charter schools, distribution of funding and other resources, content of school curriculum

State Board of Education

15 member elected board of state-wide officials, quarterly meetings open to public; establishes policies for public education in Texas (managing budgets, accrediting schools, selecting textbooks)

The size of the chambers in the Texas Legislature is:

150 in the House and 31 in the Senate.

There are _____ members of the Texas House of Representatives and _____ members of the Texas Senate.

150; 31

Each House member represents approximately

168,00 people

Voting Qualifications

18+ years old U.S. Citizen Resident of Texas for 30 days Resident of County for 30 days Registered to vote 30 days prior to the election Not a convicted felon or mentally incompetent

qualifications to vote in Texas

18+ years old, US citizen, resident of Texas for 30 days, resident of county for 30 days, registered to vote 30 days prior to election, not a convicted felon or mentally incompetent

McCulloch v. Maryland

1819 states don't have the power to tax a federal bank; states do not grant power to fed govt, but the people of those states do Ruled by Justice Marshall: if the purpose is within U.S. Constitution, the means must be granted

The Permanent School Fund was created in what year?

1854

Municipal "home rule" was constitutionally established in Texas in

1912.

New Deal (Roosevelt)

1933-1936 economic programs to aid recovery from Great Depression required wider control by federal government a challenge to federalism - did laws of New Deal violate the Constitution? Roosevelt tries to "pack" Supreme Court (increase number of Justices to gain partisan control) *But...leads to "switch in time that saved nine." Justice Owen Roberts switches from opposing ND to supporting it.

In ________, the first woman to serve as a Texas state judge was appointed.

1935

Gilmer-Aikin Laws

1949, education reforms passed to address deficiencies in Texas public schools; created 2900 school districts to help administer funds and programs; supplemented local funding with state funding, especially in poor districts; established new standards for teacher qualifications and length of school year

Brown v. Board of Education

1954 - Landmark SCOTUS case declaring separate public schools unconstitutional, during the Warren court. Suit filed against the Board of Education of Topeka, Kansas. Kansas law permitted separate educational facilities for blacks and whites. The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

24th Amendment

1964 Amendment to the Texas constitution that made the poll tax illegal. Before it was passed, voters in Texas had to pay a small sum that low-income Texans often couldn't afford.

San Antonio v. Rodriguez

1973 Federal court case. Property poor school district sued state over inequitable funding. Federal court ruled in favor of property-poor district, but SCOTUS overturned decision. - Decision turned on Equal Protection Clause. - Controversial and criticized; problem of funding.

San Antonio ISD v. Rodriguez

1973 federal court case; property poor school district sued state over inequitable funding; originally ruled in favor of Rodriguez but SCOTUS overturned this decision; equal protection clause - education as "fundamental right," controversial and criticized

Edgewood ISD v. Kirby

1989 case that challenged the "equality" and "efficiency" of Texas education funding system. Texas Supreme Court found public funding system unconstitutional (9-0 decision). Modest reforms enacted through 1995 - four special sessions. "Robin Hood" plan - taxes from rich areas transferred to poorer districts. Education tied to taxation -> tax increases difficult in Texas & courts pass issue to Texas legislature.

Edgewood ISD v. Kirby

1989, case challenged "equality" and "efficiency" of Texas education funding system; Texas Supreme Court found public funding system unconstitutional (9-0 decision); modest reforms enacted through 1995, four special session; "Robin Hood" plan - taxes from rich areas transferred to poorer districts

United States v. Lopez

1995 case of 12th Grade student convicted of carrying concealed handgun violated federal government's Gun-Free School Zones Act (1990) Act made it a federal offense to possess firearm at a place that one knows (or has reasonable cause to believe) is school zone *1st case since New Deal to restrict latitude of Commerce Clause (and therefore Congress)

Texas ranks (blank) in the number of death penalties and executions:

1st

Early voting increases the polling period from 12 hours to

2 weeks.

Texas has ______ county governments.

254

The Texas governor must be:

30 years of age. An American Citizen. A citizen of Texas for five years. (All of the above)

What percentage of state funding is allocated to public education?

37%

how many states have some election for judges?

39 of the 50

county commissioners

4 in each county who help the county judge run the county government Each elected from a precinct including 1/4th of the county's population Maintain roads and bridges in their precinct, Over half the state's roads are county-level, Can become politically controversial and subject to corruption Maintain county jails

Governor

4 year term with no term limits. Approves or vetos bills, and convenes special sessions. Most voters identify leadership with the governor. Can be removed via impeachment initiated by the House -> trial in the Senate. If removed then the Lieutenant Governor replaces them until the next election. Gives the "State of the State" address: - establishes policy agenda and recommends legislation - legislators, voters, and interest groups know preferences - gives Governor message power - constitutional requirement of Governor - important informal power of Governor over Legislature Has judicial powers with the board of pardons and paroles: 7-member board (appointed) Executive Clemency: 1) 30-day stay of execution - no board involvement 2) Full pardon - requires recommendation of the board Extradition - carry out extradition requests when criminal from Texas flees to another state Military powers: commander in chief of military force. Can mobilize the Texas National Guard for instances of natural disasters, riots, etc.

Governor

4 year term; no term limits (Rick Perry: 14 years as Governor); approve or veto bills (also convenes special sessions); most voters identify leadership with Governor; Removal: impeachment - initiated by House and then trial in Senate; if removed (due to conviction or death) Lieutenant Governor replaces until next election; Statewide popular election (plurality decision); Elections held in "off years," or even-numbered years in which no president is being elected at the national level; Intended to prevent national elections from unduly influencing Texas elections; one practical effect: reduced turnout Judicial Powers Board of Pardons and Paroles: 7-member board (appointed); Executive clemency: 30-day stay of execution - no Board involvement; Full pardon - requires recommendation of board; extradition - carry out extradition requests when criminal from Texas flees to another state

Roughly what percent of the world's population lives in countries that are organized around a federal principle?

40 percent

Court Structure

5 levels to the Texas Courts, based on different jurisdiction: Original jurisdiction - cases being heard for the first time (criminal or civil) Appellate jurisdiction - court with authority to review decisions of lower courts - Highest appellate courts are bifurcated in Texas: the Texas Supreme Court for civil cases and the Texas Court of Criminal Appeals for criminal cases.

Texas's plural executive

7 offices; All but one elected in distinct statewide election; Governor - election (Greg Abbott, R)*; Lieutenant Governor - election (Dan Patrick, R)*; Attorney General - election (Ken Paxton, R)*; Comptroller of Public Accounts - election (Glenn Hegar, R); Commissioner of General Land Office - election (George P. Bush, R); Commissioner of Agriculture - election (Sid Miller, R); Secretary of State - appointed by Governor (Ruth Ruggero Hughs); most other states elect (37); *all separate

Each Senate member represents approximately

811,000 people

What amendment to the U.S. Constitution is used to argue against capital punishment?

8th.

interest groups

< 10% of voter population goes to constitutional elections interests groups effect outcome sway public w/ campaigns ⅔ vote requirement makes it easy to kill proposed amendments

Abbot v. Perez (2018)

A United States Supreme Court case dealing with the redistricting of the State of Texas following the 2010 census results. The Supreme Court declined to strike down several Texas legislative and congressional districts on grounds of discrimination against hispanic voters, in a blow to activists who want the courts to take a tough line against racial gerrymandering.

Popular Sovereignty

A belief that ultimate power resides in the people.

public policy

A choice that government makes in response to a political issue. A policy is a course of action taken with regard to some problem. some issues handled almost exclusively by states, majority handled by states (criminal justice, public education, water policy); some jointly by state and federal government (poverty and welfare, healthcare, some education); some almost exclusively by federal government (foreign policy, monetary policy)

Rational Choice

A choice that uses the available resources to best achieve the objective of the person making the choice. Requires that we make assumptions about human beings: 1) We have preferences. 2) We can (and do) rank-order those preferences. 3) We consider alternatives and act in order to optimize outcomes. Uses social science concept of "rationality" - rank-ordered preferences which an individual seeks to maximize. Things that work against maximization: incomplete information, lack of resources, actions of others.

How a Bill Becomes a Law

A complicated and tedious process, by design, with a low likelihood of success. There are 3 readings: First reading: introduction of bill and referral to committee by Speaker or Lieutenant Governor. Second reading: debate in House or Senate after committee approval. Third reading: must be passed without changes before going to the Governor. Governor can: Sign the bill: the bill become a law Veto the bill: the bill doesn't become a law unless the legislature can override the veto with 2/3 vote. A post-adjournment veto is when the governor vetoes a bill after legislation adjourns, and a line-item veto is when the governor vetoes part of a bill white signing the rest (usually used on budget items). Do nothing: the bill becomes a law without the governor's signature. There is no "pocket veto."

What was the case of Texas v. White?

A debate over whether that states can secede from the Union

What is preemption?

A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.

Medicaid

A federal and state assistance program that pays for health care services for people who cannot afford them. Federal pays around 60%; disabled and elderly accounted for nearly 60% of the costs in 2009

Direct Democracy

A form of government in which citizens participate directly and not through representatives; early American townships had this, modern examples: town hall meetings, PTA/schoolboard, unions, referendums, recalls, etc; advantage: more involvement, public-spirited, willing to compromise; disadvantage: impractical in large "mass" democracy

What is the main difference between a home-rule city and a general-law city?

A general-law city is chartered for localities with a population of less than 5,000 persons.

Martin v. Hunter's Lessee (1816)

A landmark United State Supreme Court case. It was the first case to assert ultimate Supreme Court authority over state courts in civil matters of federal law.

A ________ form of government is one in which public policies are developed by the city council and executive and administrative functions are assigned to a professional city manager.

A mayor council form of

What is an at-large election?

A method of choosing public officials in which every citizen of a political subdivision, such as a state or county, votes to select a public official.

candidate

A person running for office

What is a constituent?

A person who is represented by an elected official

Rational Choice Theory

A popular theory in political science to explain the actions of voters as well as politicians. It assumes that individuals act in their own best interest, carefully weighing the costs and benefits of possible alternatives. rank-ordered preferences which an individual seeks to maximize

Closed primary

A primary in which only registered party members are allowed to vote. Have lower turnout & more "partisan" voters. State parties determine which system the primary will use.

Open primary

A primary in which you may vote in either GOP or Dem primary, but not both.

Poll tax

A requirement that citizens pay a tax in order to register to vote. Existed in Texas until the ratification of the 24th Amendment in 1964.

poll tax

A requirement that citizens pay a tax in order to register to vote; not directly discriminating; literacy tests and resident requirements (excluded blacks from voting)

What is a concurrent resolution?

A resolution that must pass both chambers and requires the governors signature.

What is a joint resolution?

A resolution, usually with amendments, that must pass both chambers and doesn't require the governors signature

Runoff primary

A second primary held when no candidate wins an "absolute majority". Held in April or May, between the top 2 candidates in the primary.

Temporary party organization

A series of conventions during election years that help select party leaders and to decide on direction & goals of party during that electoral cycle.

New Deal

A series of reforms enacted by the Franklin Roosevelt administration between 1933 and 1942 with the goal of ending the Great Depression. origin of many programs (e.g. Social Security)

Legislative Budget Board (LBB)

A small group of leading legislators key to shaping and managing state budget. Agencies draft plans to meet goals and submit requests for funds they need to meet them to the Legislative Budget Board.

Smith v. Allwright

A supreme court case in 1944 that ruled that it was unconstitutional to deny membership in political parties to African Americans as a way of excluding them from voting in primaries. Made the "white primary" illegal.

The term "court of record" means that:

A transcript of court proceedings is made by a stenographer.

Budget execution authority

Ability of the LBB and Governor to shift or cancel appropriations to agencies between legislative sessions; proposed by either, must be agreed to by both to enact

Budget-execution authority

Ability of the Legislative Budget Board and Governor to shift or cancel appropriations to agencies between legislative sessions. Proposed by either the LBB or the Governor, but must be approved by both to be enacted.

Franchise

Access to voting. Texas has history & present of lower voter participation. Historically, legal restrictions on franchise depressed voter turnout. Today, individuals usually choose not to exercise suffrage (their right to vote). Their are potentially some legal barriers, like voter registration and ID laws.

Debt

Accumulation of years' of deficits. The debt is the amount owed.

Independent School Districts (ISDs)

Administers public education in local areas. Over 1000 in Texas.

Reconstruction: Acts

African Americans had to be given the right to vote; centralized power & public institutions (schools, infrastructure, taxes); Governor given 4-yr term & power to appoint (as per 1836) Also retract secession, cancel all debts and obligations owed to Confederacy

AFDC

Aid to Families with Dependent Children - Joint Federal and State program to assist poverty. - State must meet minimum requirements for federal funding. - State efforts to get federal money while not spending much state money has led to efforts to keep rolls down.

Patient Protection and Affordable Care Act

Aka Obamacare. 3 Main points of law: 1) Insurance companies cannot deny coverage. 2) All individuals must have a plan or pay a fine. Subsequently altered; starting 2019, many will not be subject to penalty. 3) Subsidies available for middle- and low-income persons/families. State marketplaces - Texas did not set one up. Texas residents use federally run "exchange". State Medicaid coverage expansion - Texas did not do it. - SCOTUS made it an option for states. - Expansion of coverage (higher % of poverty line) came with more federal funds. Enough? - Federal intent was, seemingly, to close the gap between those who could purchase on exchange and those already qualifying for Medicaid.

19th Amendment

Amendment to the US constitution that gave women the right to vote in 1920. Texas was the first Southern state to ratify the amendment.

Which one of the following would be exempted from jury service in Texas?

An 18 year old high school dropout.

Plurality election

An election system where the winning candidate is the person who receives more votes than anyone else, even if it's less than half the total. Encourages a 2-party system.

Single member districts

An electoral district in which voters choose one representative or official, and the candidate with a plurality of votes is elected. Encourages a 2-party system.

In a Texas criminal case, what may not be appealed by the state?

An innocent verdict by the trial court.

incumbent

An officeholder who is seeking reelection.

Federalists vs. Anti-Federalists

Anti-Federalists are pro-Federal government; Federalists are pro-National government Anti-Federalists- virtue still required; institutions are too strong Federalists - institutions essential to preserving liberty

A party to a civil case who was dissatisfied with the outcome in the trial court could next proceed to a court with:

Appellate jurisdiction.

The most important executive power of the governor is probably that of:

Appointment.

Most of the water used in Texas comes from?

Aquifers

Texas Constitution & History - Legislative

Article 3 of the Texas Constitution. Article 1 is the Bill of Rights, and Article 2 is the division of government (separation of powers).

Party platform

Articulation of party direction and goals for an electoral cycle. Lists issues and positions on those issues that the party will take & campaign on in an election. Each issue is a plank of the party platform.

Evaluation

Ask: 1. Did the new policy solve the problem? how well? 2. Did it create any externalities?

Poverty rate

At 15-20%. ~25% for Latinos, African Americans, and children under 18; 12% elderly. All above national average. Poverty has been a consistent and persistent problem in Texas. Economic downturns drive rates up. Most families living in poverty have an employed head of household.

A Juvenile offender, released on parole or sentenced to probation, would most likely be required to:

Attend school.

If a membership of the Texas Transportation Committee has a question concerning the legal responsibilities of that office, whom would he consult for advice?

Attorney general.

The ________ is a dedicated fund established by the constitution for the support of public education in the state.

Available School Fund

It common for adults convicted for the first time of non-violent misdemeanors and lesser felonies to:

Be placed under community supervision.

Fiscal year

Begins on September 1. New budgets are enacted on the beginning of the fiscal year of odd years.

Libertarian

Believes in strictly limiting size and scope of government. Economically "conservative" (less government involvement), but socially "liberal" (less government involvement) - neither Democrat nor Republican. Most durable (though still extremely limited) influence and success in Texas politics. Often regionally based successes, never really statewide.

Sessions

Biennial legislature set by constitution. Scheduled for regular meetings only once every 2 years. Regular sessions: legislature required by constitution to meet for 140 days in odd years. Part-time legislatures is a limit on government power. Legislators must address 2-years of business in 4 months. Special sessions: called by the Governor only, often on controversial or pressing issues - the Texas constitution limits duration to 30 days. Lawmakers consider only those issues designated by the Governor.

Sessions

Biennial legislature: Constitutionally set; Legislature schedule for regular meetings only once every 2 years; Governor may call special sessions - Texas Constitution limits duration to 30 days

Regular sessions of the Texas Legislature occur:

Biennially in odd-numbered years for no more than 140 days.

In Texas, ________ create(s) special districts.

Boards elected by voters

Plural Executive

Branch where power is fragmented and distributed across several offices. Opposite of a unitary executive. Texas' plural executive has 7 offices, all but one are elected in distinct statewide election.

The U.S. Supreme Court overturned Plessy v. Ferguson in

Brown v. Board of Education.

The states's response to prison overcrowding has been to:

Build new prisons.

Texas will never have a personal income tax in the future because

Bullock proposed a constitutional amendment that effectively gave the electorate a veto over any proposal for an income tax.

special sessions

Called by Governor only (2017 proclamation); special sessions by governor: Greg Abbot, 1; Rick Perry, 12; George W. Bush, 0; Ann Richards, 4

Local government, importance of: Property taxes

Can fund a special district In a community college district, residents pay property taxes in exchange for tuition breaks at these colleges

Policy implementation

Carrying out a policy. Requires more fine-level decision making.

Attorney General

Chief lawyer for the state government. Elected to a four-year term. Primarily civil rather than criminal, but may assist in criminal cases at the request of local prosecutors. Can have a significant effect on public policy when opinions are issued on the legality or constitutionality of proposed or enacted laws.

CHIP

Children's Health Insurance Program. Similar to Medicaid, but designed to cover children whose families do not qualify for Medicaid.

Which of the following is not correct regarding the Speaker of the Texas House of Representatives?

Chosen by direct popular vote.

Local government, importance of: General law cities

Cities of fewer than 5,000 people Chartered by state's general statutes, which strictly govern how city is structured & managed

Which U.S. Supreme Court case in 2009 created the opportunity for organizations that opposed powerful incumbents to NOT disclose their donors?

Citizens United v. Federal Elections Commission

15th amendment

Citizens cannot be denied the right to vote because of "race, color, or previous condition of servitude"

Representative Democracy

Citizens elect other citizens to act on their behalf. All democracies today are officially representative.

Direct Democracy

Citizens participate directly in all decisions. For example: ancient Greece & early American townships. Today: town hall meetings, PTA/school board, unions, referendums, recalls, etc. Impractical in large "mass" democracy.

The chief financial officer for a city is called the

City Controller

Local government, importance of: Commissioner

City is run by a small commission of 5-7 members, usually elected at-large It has both legislative and executive powers

What type of cases does the Texas Supreme Court hear?

Civil & Juvenile cases only (Final Appellate)

Which one of the following does not fall under the probate jurisdiction of county courts?

Civil matters where the amount contested is between $500-5000.

A case involving a business contract falls under which branch of law?

Civil.

Petition of Review

Claims filed by the losing party that legal or procedural mistakes were made in lower court. 4 of 9 justices in Texas Supreme Court must grant to hear the case.

Which of the following is an appointed state official?

Commissioner of Health and Human Services.

The point in the legislative process at which citizens have an opportunity to provide testimony regarding a bill is:

Committee consideration.

Law, made by judges, and which is based on custom and usage going back several centuries, is:

Common law.

Bureaucracy

Complex structure of institutions that provide goods and services. Aims at efficiency, accuracy, and technical mastery. Texas has about 400 boards and agencies to manage state business. Governor can only appoint about 1/3 of these officials each term since they have staggered 4-6 year terms. Part of the executive branch, but more responsive to the legislature due to the power of the purse. Legislature has constitutional authority to determine the budget for state government that fundamentally affects the bureaucracy. Legislature can pass laws that create, alter, or eliminate programs. If committee with policy control over a particular area of the bureaucracy decides a program is ineffective or poorly administered, it can recommend budgets provisions that reduce funding. Example agencies: the Public Utilities Commission (PUC) and the Texas Department of Insurance.

Bureaucracy

Complex structure of institutions that provide goods and services; administrative discretion - power to interpret legislative mandate; laws almost always broad and general; executes laws by instituting rules and regulations for specific circumstances; expertise is the trait of bureaucracy (specialized expert); but...authority (of government broadly) vs. liberty (of citizens); bureaucracy is part of the executive branch, but more responsive to the legislature, due to power of the purse; legislature has constitutional authority to determine budget for state government that fundamentally affects bureaucracy; legislature can also pass laws that create, alter, or eliminate programs; if committee with policy control over particular area of the bureaucracy decides a program is ineffective or poorly administered, it can recommend budget provisions that reduce funding; Aim at efficiency, accuracy, technical mastery: Texas has about 400 boards and agencies to manage state business; Single-executive agencies appointed by Gov. & confirmed by Senate; Multi-member boards either appointed by Gov. with Senate confirmation; elected by people; or appointed by other Executive officials & confirmed by Senate; Most have 4-6 year terms; Designed to minimize Governor's influence since Governor can only appoint about 1/3 of these officials each term

Comptroller

Comptroller of Public accounts. Serves a four year term, and is in charge of tax collection, accounting, and estimating revenue, i.e. overseer of state funds. Certifies budget passed by legislature, and essentially impossible to override (requires 4/5th legislative majority).

A temporary committee appointed to resolve differences between house and senate versions of a bill is known as:

Conference committee.

What did the court rule in McCulloch v. Maryland?

Congress did have the implied power to incorporate the bank and the state did not have the power to tax the Second Bank of the United States.

What problem did Shelby County v. Holder challenge?

Congress's decision to reathorize the Voting Rights Act., claiming that the act went beyond Congress's constitutional powers by placing "substancial federalism costs" and therefore violating the 10th amendment

Midterm elections

Congressional elections that do not coincide with a presidential election; also called off-year elections. Significantly more Americans vote in Presidential elections than midterms.

Local government, importance of: Community college districts

Considered "non-school" districts since they do not provide K-12 education Otherwise above, they operate much like a school district Residents pay property taxes in exchange for tuition breaks at these colleges

Supreme Court

Constitution only establishes U.S. Supreme Court, nomination by the President (Article II Section 2) for lifetime appointment

Separation of Powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

What are the functions of county government in Texas?

Construction and maintenance of county roads and bridges

Who in Texas government collects state revenue?

Controller of public accounts.

Bipartisanship

Cooperation between two parties.

The mission of the Texas Commissioner of Health and Human services is to:

Coordinate the work of the eleven health and human services agencies.

Local government, importance of: Council-manager

Council hires a manager to be city executive System designed to minimize corruption and ensure professional management of the city Richardson, TX is a council-manager city.

Across the United States, which form of government for cities with over 10,000 residents has been the most popular?

Council-manager source of gov't

Dallas operates under which style of city government?

Council-manager style

San Antonio operates under which style of city government?

Council-manager style

Executive committee(s)

County Executive Committee: Group of local officials who run a county's primary elections & plan county convention. State Executive Committee: Group of party leaders who govern party's statewide activities. Accept filings of candidates for state offices, help raise funds for state candidates & set party agenda for statewide positions.

What public official who is the main record keeper of court documents

County clerk

Local government, importance of: County government offices

County commissioners court: Not actually a "court," this is the main governing body of each county; county judge; law enforcement; administration

Abbott v. Perez (2018)

Court began discussion by stating that in redistricting cases, legislatures are entitled to presumption of good faith, and that challengers had burden of proof when alleging a state law was enacted with discriminatory intent; With Texas House District 90 (near Fort Worth), SCOTUS argued that it was an "impermissible racial gerrymander"; *SCOTUS on partisan gerrymandering (2019)

Appellate Courts

Court of Appeals. Review all civil and criminal cases (except death penalty) from district courts (14 in total). - 3-13 judges on each court - 2008: overturned 7% of cases heard - 93% of trial court decisions affirmed All rulings can be appealed to either court of last resort.

Which court in Texas has automatic jurisdiction over all death penalty cases?

Court of Criminal Appeals

The highest criminal court (appellate of otherwise) in Texas is the:

Court of Criminal Appeals.

Mayflower Compact

Covenant = social contract equal laws = apply to all fleeing religious persecution - "advancements of the Christian faith" Pilgrims = religious dissenters; also reject divine right of kings

County Courts

Created by the Texas constitution. Confusing system due to state only adding more courts, not changing structure. Each county has constitutional county court. Statutory county courts and Probate courts have different jurisdiction based on the amount of money involved or specific local issues. The probate courts handle the administration of estates.

Which one of the following is not performed by the Texas Education Agency?

Creates attendance zones for all public elementary and secondary schools in Texas.

Jury System

Criminal Law - Entitled to a jury trial, but may opt for a bench trial. - Jury must be unanimous using "beyond a reasonable doubt" standard. Civil Law - "Preponderance of the evidence" standard - not "beyond a reasonable doubt." - If a jury is involved, the jury does not have to be unanimous. - The "burden of proof" is on the plaintiff - the person bringing the damages.

de jure segregation and de facto segregation

De jure segregation is separation enforced by law, while de facto segregation occurs when widespread individual preferences, sometimes backed up with private pressure, lead to separation.

The injured party in a civil trial is the:

Defendant.

In Texas, trail lawyers tend to support ________ judicial candidates.

Democratic

Social capital

Democratic and civic habits of discussion, compromise, and respect for differences. Related to civic engagement. E.g. norms of reciprocity and trust, social connectedness, information transfer.

Texas Political History

Democratic control from end of Reconstruction (1873) until 1970s, won every major election for 100+ years, had both conservative and liberal members; tensions emerged in 1900s as national party became more liberal, FDR's New Deal and the Civil Rights Movement caused deep rift in party; 1980s: begins period of Republican domination in Texas; 1st presidential elections, then statewide offices, lastly Texas legislature and local offices; Reagan Revolution: term used to describe impact of Reagan on politics in 1980s, motivated many conservative Democrats to join Republican party especially in Texas Shivercrat movement: Governor Allan Shivers tried to organize conservative Democrats to support Republican candidate for president, Dwight Eisenhower - Democratic state, Republican national position; Presidential Republicanism: period in Texas history where state was still Democratic, but voted Republican for president (1970s-90s); Blue Dog Democrat: term for conservative, Southern Democrat, once dominated state (and the South) but is now nearly extinct, largely sorted into Republican part

Democratic Party division(s)

Democrats have been minority for 20+ years, with no real sign of change ahead (within Texas). National party has become more liberal. Very low turnout among Hispanic voters.

The state agency that administers programs to aid rural hospitals is the Texas:

Department of Health.

The mission of the state auditor is to:

Determine if state funds have been spent by the agencies in accordance with law.

The Texas court usually designated as a juvenile court is:

District Court.

14th Amendment

Due Process clause; redefines certain rights & liberties (1868) "..nor shall any State deprive any person of life, liberty, or property, without due process of law..." "state" added to 5th Amendment restrictions on states, not just national gov't

By custom, unlimited introduction of bills is permitted in the Texas Legislature:

During the first thirty days only.

Against which Texas governor did the 1875 constitutional convention react when it created a weak governorship?

E.J. Davis.

Local government, importance of: School District

Each governed by an elected board of trustees, ranging from 5 to 9 members A superintendents employed oversee daily operations Set overall policy and the budget Set the tax rate Adopt textbooks Hire principles, faculty, and staff ... and set their salaries Set the school calendar

In which 1989 court case did the Texas Supreme Court unanimously declare that the huge disparities between rich and poor school districts were unacceptable and ordered changes in the financing of Texas's public schools?

Edgewood v. Kirby

Gilmer-Aikin laws

Education reforms passed in 1949 to address deficiencies in Texas public schools. - Created 2,900 school districts to help administer funds & programs. - Supplemented local funding with state funding, especially in poor districts. - Established new standards for teacher qualifications & length of school year.

Primary Elections

Election that determines the party candidate for the general election. Candidates need an "absolute majority": more votes than all others combined. If there's no majority, the top 2 advance to runoff primary.

free and fair elections

Elections are free and open to all citizens of voting age, each individuals vote counts the same, no pressure coming from political officials or military

Republican animal and color

Elephant, red

Proportional representation

Encourages multi-party systems. Parties earn seats in legislature proportional to their share of votes in election. Generally do not vote for candidates but, rather, for party. Party itself determines officials who will serve.

Policy enactment

Establish goal and outline, allocate resources.

Budget

Estimate of future financial revenue and appropriations.

Which statement regarding imposition of the death sentence is incorrect?

Execution is cheaper than imprisonment.

The most direct legislative power of the governor is:

Exercising the veto of a bill.

New Deal

FDR's programs designed to help the economy and provide economic economic hardship relief. Created the AFDC, which was replaced by TANF.

Non-tax revenue

Federal Government - Approximately 36% of Texas' total revenue, mostly via matching funds. Other: - Interest & investment income. - Licenses and fees. - Sales of state goods and services. - Land income. - State lottery. - Tobacco companies (lawsuit settlement).

Aid to Families with Dependent Children (AFDC)

Federal funds for children in families that fall below state standards of need. In 1995, Congress abolished AFDC, the largest federal cash transfer program, and replaced it with the Temporary Assistance for Needy Families (TANF) block grant; joint state and federal program; state must meet minimum requirement for federal funding

Matching Funds

Federal money given to state based on how much the state spends on a program. Texas receives less since it spends less; most goes to Medicaid.

Partisan identification

Feeling of belonging to political party by individuals. Ranges from casual supporters to dues-paying members (degrees of partisan strength).

In the state of Texas, what is the policy for felons' rights to vote?

Felons are allowed to vote upon full discharge of their sentences.

Charter schools

Fewer restrictions than ISDs, but still required to meet state education standards. Operate independent of ISDs. May be non-profit or for-profit; largely publicly funded. 2015-16: 723 charter schools in Texas (grown quickly in last several years). Texas was 1st state to pass charter school law (1991). Political battleground in many states. Arose in 1970s in response to failing schools. Currently a battle between Teacher Unions and Charter Schools.

Other Powers - Legislative

Filibuster: indefinite amount of time for a senator to talk. Delays bills, which is a problem near the end of legislative sessions. Due to short sessions, threat of filibuster may kill a bill. Resolutions: expresses opinion, etc. by a legislature. Does not carry force of law but can be important. Concurrent resolution: must pass both the House and Senate, then be signed by Governor. Reflects Texas' view on an issue. Joint resolution: must pass both House and Senate, does not require Governor's signature. Mostly used to address TX and US constitutional amendments. Simple resolution: either house or senate (not both). Does not require governor's signature. used to run chamber's business. Oversight powers: Texas legislature can "direct and supervise" agencies of the executive branch. Is a "check" on executive power. Judicial powers: impeachment of TX executive and judicial branches. Is a "check" on judicial power. Investigative power: committees can be formed to investigate any matter affecting the state. Research, wrong-doing, oversight, etc.

Court of Criminal Appeals

Final appellate jurisdiction in criminal cases; 9 judges hear all cases en banc (hear each case as a group, all 9 sit and decide); majority vote of en banc panel decides case outcome

General election

Final election for office (President, House, Senate). In this election, party nominees compete against each other. Held the first Tuesday after the first Monday in November in even years. Major state offices are elected in non-presidential years. Most local elections are held on different days. Elections are split up to prevent one election from interfering in others, but the result is lower turnout and voter confusion.

Federalist Paper #39

First: "a government which derives all its powers directly or indirectly from the great body of the people." Second: "...is administered by persons holding offices...for a limited period or during good behavior." Ultimately, national government would decide controversies between levels of government

Deliberation

Formulating a solution. Ask where? who? how?

Policy cycle

Four stages of public policy: 1. Agenda Setting 2. Deliberation 3. Policy enactment and implementation 4. Evaluate solution's effects

The state constitutional term of office for the governor is

Four years with no term limits.

During which president's administration did the federal government's power, especially with regard to the economy, increase the most?

Franklin Roosevelt

The Grange

From Constitution of 1876; organization of militant farmers seeking changes to govt Led to restriction on taxes, gov't limits, educational reforms

The three main issues that have shaped education policy in Texas during the last 50 years are

Funding, desegregation, and educational excellence

The ________ is the oldest state agency in Texas

General Land Office

Local government, importance of: City government structures

General law cities, home rule cities

The ________ is one composed of funds for dedicated revenues that target money for specific purposes.

General revenue- Dedicated Funds Budget

Which case was the primary source of giving Congress the power to regulate interstate commerce?

Gibbons v. Ogden

Individuals that can not afford an attorney have a constitutional right to have one appointed to them. Which Supreme Court case was instumental in guaranteeing this right?

Gideon v. Wainwright

How did Texas respond to the Coronavirus?

Governor Abbot let the local cities decide what they wanted to do and when.

Agencies: patronage

Governor can use appointment power to reward political supporters, a practice known as...

Texas Executive Election and Selection

Governor is chosen in a statewide popular election (plurality decision). Elections held in "off-years," or even-numbered years in which no president is being elected at the national level. Intended to prevent national elections from unduly influencing Texas elections. The practical effect is reduced turnout. Most other major executive positions except the Secretary of State are elected, and the governor appoints most agency / commission leaders with senate approval.

The Texas "Iron Star" consists of the:

Governor, boards, commissions, and administrators. Legislative standing committees, Lt. Gov, and Speaker. (All of the above)

The size of juries in Texas is:

Grand juries 12, district court juries 12, local court juries 6.

The governor may independently:

Grant one thirty-day stay of execution of a death sentence.

Population trends in Texas

Growing faster than most other states

Demographic change

Growth of hispanic population in Texas could indicate partisan change in the future.

A vacancy on a district court bench is filled by:

Gubernatorial appointment with Senate confirmation.

Federalist 78

Hamilton on Constitution: Constitution is the declaration of people's will, not simply legislative branch itself; constitution is law of the land; Constitution is fundamental law and thus fundamental expression of the will of the people; Constitution safeguards against encroachments on rights of people, but also encroachment by the people on their own rights (e.g. majority faction); Hamilton calls this a Limited Constitution - limits on Legislative itself; protect us from legislative branch; Limits require what we now call judicial review; need guard on legislative authority because it is comprised of representatives; individuals doing more than their powers authorize (i.e. in Constitution) -- abuse; judiciary is therefore a check, according to Hamilton, on legislative and helps to guard rights of the people; Constitution must be regarded as the fundamental law (therefore, Supremacy Clause); Constitution does not explicitly grant SCOTUS power of judicial review: "A Constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two...the Constitution ought to be preferred to the statute."; least dangerous branch due to it possessing neither: power of sword (enforcement/execution of the law, including its decisions); power of purse (money: no taxes; no war funding; no treatises); *it could exercise neither "force nor will, but merely judgment"; Office (Selection, Tenure, Partition): Selection: Executive nominates; Legislative confirms; Tenure: standard of good behavior "one of the most valuable of the modern improvements in the practice of government"; guards against "oppressions" of legislature; character of judges necessary to the office of federal judge; Partition: of the powers; contrast Great Britain: judges answer to king; Independent judiciary was new idea - not adopted from England; Permanence of judges required for their independence; "The best expedient which can be devised in any government, to secure a steady, upright, and IMPARTIAL administration of the laws."

Federalist 70

Hamilton's thesis: "Energy" is essential to Executive; definition of good government; Executive tasks: security, administering the laws, protecting property, securing liberty; Problem: single executive and numerous legislature - why? takes less time to make a decision, numerous legislature designed to be slow, making laws should take more time; Unity destroyed by: giving power to two or more magistrates (p.2), going to dispute, giving power to one, but subject ultimately to control by another, e.g. Italian princes vs. the Church (Pope); Hamilton's target: some (e.g. Anti-Feds) supported idea of executive council; Other problem for unity: Plural executive = differences of opinion (p.3), result: faction and disregard for office, split in community is the worst = irreconcilable factions faction within government is bad, faction within country is even worse, faction sometimes beneficial to deliberation, i.e. legislation; General Rule: power safer with many rather than one, executive more easily contained if one, *watchfulness of people = protection of liberty, even small "common enterprise" liable to corruption and abuse

The term "weak executive" refers to the fact that the governor of Texas:

Has no direct control over most of the agencies in the state government.

Justice of the Peace Courts

Have limited jurisdiction over minor civil and criminal cases, established by each county.

Which of the following is not correct regarding the lieutenant governor of Texas?

He/she is paid a salary of $300,000.

Land Commissioner

Head of the general land office. Serves a four-year term, and administers use of state-owned lands: - Leasing for gas and oil production, mining, etc. - Monitoring environmental quality of public lands and waters. Texas railroad commission - regulates oil and gas industry, including production, drilling, etc.

Medicaid

Healthcare for the impoverished. Joint Federal and State program. Fed pays around 60%. Costs rising dramatically in recent decades (true for all healthcare). 2009 enrollment: 55% women, 65% children, 30% disabled or elderly. 30% of disabled or elderly accounted for nearly 60% of all costs.

Primary timing

Held in March of even-numbered years. First elections of new "electoral cycle."

Local government, importance of: Councils of Government (COGs)

Helps to promote coordination and cooperation across local governments

Which of the following statements about partisanship in the Texas legislature is correct?

Historically, partisanship has been rather low, but in recent years the legislature has moved into a more partisan era.

Hobbes vs Locke: state of nature

Hobbes: "Solitary, poor, nasty, brutish, and short.", human beings' greatest fear therefore is fear of violent death Locke: Locke generally agrees, but argues human beings are more peaceful.,free and equal: two sides of same coin - free because no one has authority over us and therefore everyone is equal., everyone has rights if they use their reason

Hobbes vs Locke: social contract

Hobbes: government must be concerned with safety and self-preservation but also maintain natural rights, consent of the people is only legitimate basis for government, Liberalism means limited government, protect life and rights - it does NOT tell us how to live. Its purpose is limited., We cannot question the government - must be able to do whatever is necessary to preserve life and liberty., Hobbes therefore argues for absolute government as long as they protect natural rights, any government is better than no government at all Locke: (Two additions to Hobbes) separation of powers which limits government power, Right of revolution : if rights violated, the people have the right to rebel.

As the number of urban areas grew in the state in the late nineteenth and early twentieth centuries, the management of local affairs became such a growing burden on the state legislature that it passed the

Home-rule charter

Which insurance rates are set by the Texas commissioner of insurance?

Homeowners insurance.

A majority vote from which legislative branch is required to bring impeachment charges?

House of Representatives

Where must revenue bills begin?

House of Representatives

Which chamber not only is larger but also is subjected to more frequent elections?

House of Representatives

Revenue bills must start in the

House of Representatives.

Which large Texas city currently has a city government with a strong mayor-council form of government?

Houston

current immigration

Immigration Act of 1965: abandoned national quotas (which favored northern Europeans), increased Asian immigration and naturalization Americans object to illegal immigration - violation of federal laws *underlying issue of our political culture - services despite not paying into system

Removal of judges

Impeachment

What stage of the policy-making process involves instituting incentives or sanctions?

Implementation

When was the Commissioner forms of government most popular?

In 1918

When are elections held for legislature?

In November of even-numbered years

Turnout rates

In TX: Presidential elections: 50-60% State general elections: <40% Most other elections: <10%

Party ID trend(s)

In Texas, Republicans have been gaining ground since the 1990s. More and more voters are identifying as Independent.

Executive Agencies: Patronage & Senatorial Courtesy

In a practice known as patronage, the Governor can use appointment power to reward political supporters. This power is limited by senatorial courtesy - allows the senator of the district in which a nominee lives to effectively veto the appointment. This is a custom or unwritten norm - it is not a written law. Another limitation: Texas law does not grant the governor ability to fire their predecessors' appointees. Thus it's several years into a governor's term before most boards and commissions are controlled by his appointees.

Federalist Paper #70

In this Federalist Paper, Alexander Hamilton argues for a strong executive leader, as provided for by the Constitution, as opposed to the weak executive under the Articles of Confederation. He argued for a single executive, because he thought disagreements between a plural executive (an executive council) would harm the executive branch, and the people could have a more watchful eye over a single person. Hamilton's thesis: "Energy" is essential to Executive; definition of good government. Executive tasks: - security - administering the laws - protecting property - securing liberty Problem: single executive and numerous legislature - why? Unity destroyed by: 1. Giving power to two or more magistrates 2. Giving power to one, but subject ultimately to control by another. E.g. Italian princes vs. the church (Pope) Hamilton's target: - some (e.g. Anti-Feds) supported idea of executive council. Other problem for unity: Plural executive = differences of opinion. Result: faction and disregard for office. Split in community is the worst = irreconcilable factions Faction sometimes beneficial to deliberation, i.e. legislation Issue of safety: - responsibility = safety - "multiplication of executive adds to difficulty of detection" - no responsibility in executive department is "... an idea inadmissible in a free government" General rule: power safer with many rather than one. Executive more easily contained if one * watchfulness of people = protection of liberty Even small "common enterprise" liable to corruption and abuse.

The instrument that formally accuses a person of having committed a felony and orders that person to trial is a (n):

Indictment.

Redistricting Controversy and C235

Individuals and advocacy groups challenged Texas Legislature's 2011 state legislative and congressional redistricting plan; *census had just happened, remember every 10 years, 2010; Claim: discriminated against black and Hispanic voters in violation of U.S Constitution's Equal Protection Clause and Congress' Voting Rights Act (1965); 14th amendment; three-judge district court issued remedial redistricting plan which U.S. Supreme Court vacated(this is a problem but fix it yourselves) in 2012 (problems with manner in which it was drawn, racial in nature); district court then drew another remedial redistricting plan called plan C235

Agenda setting

Influenced by public and/or interest group activity. How does everyone understand the problem?

Duverger's Law

Institutional factors encourage a 2-party system. U.S. uses single-member district elections, so the candidate with the plurality of votes is elected, and votes for 3rd parties are considered "wasted" votes, so voters tend to select between two major parties.

cooperative federalism: grants

Intergovernmental grants, Earmarks, categorical grants, block grants

Political socialization

Introduction of individuals to political life where underlying values and beliefs and learned & retained. Lifelong process, but early experiences are especially important. Key agents in the process: family, friends, school, religion, region, co-workers, etc. Life experiences/events are influential: - Change in socio-economic status. - Marriage, having kids, starting business, etc. - Charismatic leaders and cataclysmic events. See influence of FDR and Great Depression: 40+ years of Democratic domination at national level.

Most of the water in Texas is used for?

Irrigation

An appeal in a Texas Court:

Is based upon improper procedure at trial.

Committee membership in the Senate:

Is determined by the lieutenant governor.

The Texas plural executive:

Is largely independent of gubernatorial control.

Filibustering:

Is most effective when undertaken at the end of a session.

"Devolution":

Is the transferring of responsibility for government programs from the federal level to the state level.

State, local, federal division

Issues handled by the states: criminal justice, public education, water policy Issues handled jointly by the states and the federal government: poverty & welfare, healthcare, (some education) Issues handled exclusively by the federal government: foreign policy, monetary policy

Texas independence & statehood

Issues w/ Mexico —> TX Revolution in 1836 —> TX is independent constitutional republic for 9 years after revolution —> annexation into U.S. in 1845

Why does federalism exist?

It brings together smaller units to achieve large goals

What is the importance of the Supreme Court case Reynolds v. Sims?

It declared the constitutional principle of "one person, one vote."

What was the problem with the 10th Amendment?

It didn't precisely state national and state powers, causing conflict over the meaning of federalism.

In Texas, what is the primary effect of a plural executive?

It dilutes the power of the governor and fragments the executive branch.

As in the U.S. Congress, what is the purpose of a conference committee in the Texas legislature?

It is a committee designed to make differing House and Senate versions of the same bill identical.

What is the argument commonly used by supporters of a state income tax?

It is a fairer and more reliable source of revenue

Why must the Texas legislature maintain a balanced budget?

It is required by the Texas Constitution.

What is the purpose of the Sunset Advisory Commission in Texas?

It reviews state agencies every 12 years to see if they are still needed.

The Texas governor who was constitutionally removed from office was:

James E. Ferguson.

When do legislative members take office?

January of odd-numbered years

Which players are key in the budgetary process?

LBB, GOBPP, and the comptroller of public accounts

Which of the following statements about the commissioner form of government is FALSE? - Commissioners are generally elected on an at-large basis. - The commissioner form of government does not have separately elected mayors. - The commissioner form of government was designed to bring good business practices into local government. - The commissioner form of government is currently popular among the largest cities in Texas. - In the commissioner form of government, the commission acts in both legislative and executive capacities.

Last Statement

What functions are county governments responsible for

Law enforcement, bridge and road construction, record keeping, county tax rates

Black Codes / Jim Crow Laws

Laws denying most legal rights to newly freed slaves; passed by southern states following the Civil War; required racial segregation in public places

Home-rule charters provide for what?

Lay down the rules under which a city will operate.

Boards and Commissions

Legislative Budget Board (LBB), Texas Railroad Commission (TRRC), State Board of Education

character of each branch (Texas)

Legislature - 150 member House of Representatives (2 years) and 31 member Senate (4 years) Judiciary - elected at all levels Executive - elected governor

The Lt. Governor is the ex officio chair of the:

Legislature Budget Board. Legislative Council. Legislative Audit Board. (All of the above)

regular sessions

Legislature required by constitution to meet for 140 days in odd years; Limit on government power - part-time legislatures; Only 10 states have full-time legislatures (CA, MI, NY, PA, AK, HI, IL, MA, OH, WI); Legislators must address 2-years of business in 4 months

Which stage in the policy-making process is better understood as a separate stage that takes place throughout the entire policy?

Legitimation (evaluation)

Partisan polarization

Less cooperation - parties becoming more rigid and ideological.

Municipal Courts

Limited jurisdiction involving cases of city ordinances.

The constitution fails to mention one of the following as a qualification for service in the Texas legislature:

Literacy.

Ordinances

Local laws enacted by a city council.

Property tax

Main source of school funding. A % of value of all property in school district is taxed at common rate. Differences in property values lead to differences in revenue for school districts. Ongoing: 2016 funding scheme upheld by TX supreme court. "Our Byzantine school funding 'system' is undeniably imperfect, with immense room for improvement. But it satisfies minimum constitutional requirements." "General diffusion of knowledge". Texas Legislature created the Texas Commission on Public School Finance in 2017 to propose an alternative funding scheme.

Commission (HHS)

Manages welfare programs. Oversees 200% programs. Budget of $75M for 2014-2015 - approximately 40% of state's budget.

The Commissioner of Agriculture duties do not include:

Managing state owned land.

In Texas, primary elections are usually held in

March.

The Texas Higher Education Coordinating Board:

May order the closing or merging of a State-funded college or university if it has an insufficient student population.

Local government, importance of: Mayor-council

Mayor: chief executive officer of city, Chosen via an at-large election (i.e. not by district, but entire geographical area) Council: legislative body of the city, Chosen via at-large elections, single-member district elections, or a hybrid Single Member District - voters elect one representative for each district

MALDEF

Mexican American Legal Defense and Education Fund. Interest group that fights to expand franchise for Mexican Americans.

The debate over public education in Texas goes back to the break with_________________.

Mexico

Civic Voluntarism

Model that predicts why we do/don't participate in elections. A resource model. Resources are time, money, and civic skills.

Revenue

Money generated (aka income). Comes to state accounts from taxes and other sources.

Appropriations

Money spent (aka outlays, expenditures). The budget determines both the amount and allocation of funds.

Debt service

Money spent by the state to pay off debt; includes interest and principal payments.

Sunshine laws require that:

Most governmental meetings and records should be open to the public.

Local government, importance of: Officials & selection/election

Most officials in local govt are elected County commissioners —> each elected from a precinct as well as 1/4th of the entire county's pop. Constables —> Elected at the precinct level Mayor in Mayor-council city form —> elected in at-large election Council in Mayor-council form —> elected in at-large elections and single-member district election "hybrid" Commissioners in Commissioner city form —> Elected in at-large election City council in Council-manager city form —> Elected in at-large election Mayor in Council-manager city form —> chosen by city council City executive in Council-manager city form —> chosen by city council

Urbanization

Movement of people from rural areas to cities

Which one of the following classes of courts are not mentioned in the Texas Constitution?

Municipal Courts.

qualifications to be a judge

Municipal courts: qualifications vary by municipality and charter, most are appointed by city's governing body for 2 year terms, some elected in partisan elections; Justice of the Peace Courts: 40 hour course on relevant duties within year prior to election, 20 hour course each year of service; County courts at law: resident of county 2+ years, at least 25, practiced law 4+ years prior to service; Constitutional county courts: individual is "well informed in the law of the state"; District court judges: US citizen, Texas resident, resident of district 2+ years, licensed and practicing lawyer 4+ years, aged 25-74*; all appellate judges: US citizen, resident of Texas, licensed to practice law in Texas (Texas Bar Association), practicing lawyer/judge for 10 years, 35-74* years old; *incumbent judges who become older than 74 in office allowed to finish term

Local government, importance of: Home-rule charters

Must have at least 5,00 residents Have more discretion and leeway in organizing city structure and operation Must still follow Constitution & state laws Texas has some of the most flexible "home-rule" laws in US

NAACP

National Association for the Advancement of Colored People. Fights to expand franchise for black Americans.

All states in the US besides _____________ have a bicameral legislature.

Nebraska

Externality

New problems created by a public policy.

Do all counties have the same number of people?

No

How long do special sessions last?

No longer than 30 days, but there's no limit to the amount of sessions that can be called

Third parties

Non-dominant parties. Typically irrelevant in Texas (and national) politics, but some have temporary and/or regional success.

country commissioners court

Not actually a "court," this is the main governing body of each county Sets county tax rate and budget

"Tea Party" Republicans

Now challenging for control of direction of party. - View government experience as a negative. - Less open to bipartisan cooperation - ideological purity.

Local government, importance of: Municipal utility districts

Offer electricity/water/sewer/sanitation services outside city limits Helps developers build new housing areas Concerns of corruptions

Usually, bills go into force:

On the following September 1st.

In the House and Senate, bills are most likely to be debated and perhaps amended:

On third reading.

Temporary Assistance for Needy Families (TANF)

Once called "Aid to Families with Dependent Children," the new name for public assistance to needy families. incentivized work - requirements to receive benefits; greater flexibility given to states to administer; limited benefits available - monthly cap, lifetime 36 months of assistance; around 100,000 receive TANF benefits in TX, almost 85% of them children

Writ of Mandamus

Orders directing a lower court of public official to take a particular action.

Civic Skills

Organizational skills, language skills, and social adeptness.

Party Activity

Parties are organizations seeking to control government outcomes by (1) winning elections and (2) organizing governmental action. They recruit and support candidates and mobilize and support voters.

Permanent party organization

Party leaders & officials who manage party year-round. A small group that is always working to manage and mobilize a temporary organization.

Texas Voter ID Law

Passed in 2011, the law requires photo identification for registration with limited exceptions. Accepted forms of ID include a DPS driver license, DPS photo identification card, a United States passport, a concealed handgun license, among others. April 2017: federal judge ruled, for second time, that law discriminated against minority voters; June 2017: Senate Bill 5 enacted non-strict, photo voter ID requirement in Texas; Reasonable Impediment Declaration: document that indicates that you have a reasonable impediment that restricts you from being able to fulfill the ID requirement

One significant component of the budget process that is relatively unique to Texas is

Pay-As-You-Go

Which policy regarding state employees is set by the legislature?

Pay.

single-issue voters

People who base their votes on candidates' or parties' positions on one particular issue of public policy, regardless of the candidates' or parties' positions on other issues.

Turnout

Percentage of eligible voters casting ballot.

Presidential republicanism

Period in Texas history where state was still Democratic, but voted Republican for President (1970s-90s).

important special funds

Permanent School Fund (PSF), Permanent University Trust Fund (PUF), Higher Education Fund (HEF), National Research University Fund (NRUF), State Highway Fund (SHF)

Petition for Review

Petition to the Texas Supreme Court stating that legal or procedural mistakes were made in the lower court, thus meriting a hearing before the court.

Desegregation

Policy mandated by the federal government to end racial segregation in public schools. Some did rapidly, but others took much longer because of local resistance.

Permanent Campaign

Politicians want to win elections, so they make all decisions based on popularity. This leads to delegate model of representative democracy, which sacrifices long-term benefits for short-term advantage. The problem is that for some policy, it takes time for voters to see rewards/results. E.g. infrastructure, environmental issues, and foreign policy.

Compulsory voting

Practice that requires citizens to vote in elections or face punitive measures such as community service, fines, or imprisonment.

Chair(s)

Precinct chair: local official who presides over precinct convention and serves on the county executive committee. County chair: head county party official who heads the county execute committee. State chair and vice chair: top two state level party leaders who preside over state executive committee.

Convention(s)

Precinct convention: local political meeting to (1) propose resolutions for state platform, and (2) select delegates to county conventions. County convention: county-wide meeting of party to do same as precinct conventions, but to select delegates to send to the state convention. State convention: meeting of party delegates from all counties to (1) certify nominees for office, (2) adopt official party platform, (3) elect a chair, vice chair, and state committee, and (4) perform various other duties in presidential election years.

The origins of modern welfare policy lie in...

President Franklin D. Roosevelt's New Deal

The origins of modern welfare policy lie in

President Franklin Roosevelt's New Deal.

Great Society

President Johnson called his version of the Democratic reform program the Great Society. In 1965, Congress passed many Great Society measures, including Medicare, civil rights legislation, and federal aid to education.

War on Poverty

President Lyndon B. Johnson's program in the 1960's to provide greater social services for the poor and elderly. Created new Federal programs that often ran in conjunction with states, including SSI, Food Stamps, and Medicaid.

President

President has limits, especially on relationship to Congress (thus on the people) even foreign policy is limited - Senate needs to ratify treaties (with 2/3 vote, called a "supermajority") appointing judges (Article II Section 2), but Senate must confirm appointments President can be impeached by Congress (Article II Section 3), removed by Senate from a trial

county judge

Presides over the commissioners court Elected countywide, serves 4 year terms Has administrative powers in all counties Also judicial powers in rural counties for minor criminal and probate cases

White primary

Primary election in which Southern states allowed only whites to vote. From 1923-44 the Democratic Party's primary election limited to whites. Since Democrats dominated Texas, this was the only election that really mattered.

Secretary of State

Primary responsibility is the administration of elections. Oversees the voter registration process, including voter registration drives with civic and service organizations. The highest-ranking official appointed by the governor (w/ senate approval) rather than elected by the voters. Not a powerful position in itself, but can become a platform for other offices.

District Courts

Primary trial court in Texas (468 in total). But some overlapping jurisdiction with County Courts - e.g. juveniles, civil cases Original jurisdiction - felony criminal matters. Districts are defined by legislature (as per Texas Constitution).

Among the American states, Texas has the highest:

Prison population.

"Establishment" Republicans

Pro-business faction of Republicans. Has been dominant in recent decades.

Voting Rights Act of 1965

Prohibits discrimination against minority voters by state governments.

Individualistic

Promote commerce, opportunity, and self-reliance. Government is limited. Midwest and Western USA Politics is for professionals

What are the main sources of revenue for special districts in Texas?

Property taxes

Committees are created in the Texas Legislature because committees"

Provide a division of labor. Encourage Competence. Help perform bureaucratic oversight. (All of the above)

Not among the responsibilities of the Texas Workforce Commission is:

Providing labor gangs for state highways construction and maintenance projects.

The term "merit selection of judges" means:

Provisional gubernatorial selection based upon recommendation of a nominating commission, followed by a nonpartisan referendum for permanent selection.

Accountability

Public education system in Texas was reformed in other ways in the 1990s. Things they tried ("Perot reforms"): - Reduce importance of sports ("No pass, no play") - Improve falling standardized test scores and address growing illiteracy rates. - Set higher standards for schools, teachers, and students. Reforms signed by G.W. Bush kept goals, but transferred responsibility to local school districts.

The stated purposes for which Texas imprisons felons are to:

Punish and rehabilitate offenders, isolate them from society, and deter other from committing crimes.

Cohens v. Virginia (1821)

Question: Did U.S. Supreme Court have power under the Constitution to review Virginia Supreme Court's ruling?; unanimous decision - Supreme Court had jurisdiction to review constitutionality of state criminal proceedings; SCOTUS needs to hear cases dealing with constitutional issues; Chief Justice Marshall: state constitutions and laws "absolutely void" when in conflict with federal laws and U.S. Constitution; here, even state criminal laws are subject to review by SCOTUS

Party & demographics

Race Whites: more R than D, but also divided along economic lines Hispanic: Trend D, except Cubans - variation in strength of identification African Americans: small population, but strongly Democratic Age Older voters tend to be Republicans and younger voters tend to be Democrats Gender Men tend to be more Republican than women, but the margin is not massive Geography Urban areas tend to be more Democratic & rural areas more Republican. Suburban areas tend to be more evenly split, but lean Republican

The congressional districting in Texas made in 1991 was reversed by the U.S. Supreme Court in 1996 on the grounds that it resulted in:

Racial gerrymandering.

Which two state boards are elective?

Railroad Commission of Texas and state Board of Education.

The Economic Stabilization Fund is also known as the

Rainy Day Fund.

Regressive Tax

Rate of taxation constant regardless of wealth (e.g. Sales tax). Texas has fifth most regressive tax system in the U.S.; heavy reliance on sales, property, and excise taxes. Texans in lowest 20% of incomes pay about 13% of income in taxes, while Texas in top 1% paid about 3% in state/local taxes. Levying state income tax is unpopular, even among those Texans who may benefit from it.

Progressive Tax

Rate of taxation increases with wealth (e.g. Federal income tax).

Which one of the following is not included among the present trends in the politics of public administration in Texas?

Re-regulation.

Texas Constitution & History

Reaction to Reconstruction Constitution (1876 - Texas approved); Weaken gubernatorial (governor) power; Severely limit Governor's power; Cannot fire government officials (even those appointed); Very limited appointment powers; Must share power with other elected officials; Shares constituency

On first reading in the House of Representatives, a bill is:

Read by caption.

The mission of the Sunset Advisory Commission is to:

Recommend the merger, abolition, or continuation of state agencies.

Reconstructionist Constitution of 1869

Reconstruction Acts passed by U.S. Congress & imposed on Texas Constitution revision Radical Republican Edmund J. Davis elected as governor in 1869 —> passed a bunch of unconstitutional laws according to TX Constitution —> his measures contribute to the extremely weak executive today

Reconstruction: Constitution

Reconstruction Amendments: - 13th: abolishes slavery and authorizes Congress to enforce abolition (1865) - 14th: redefines certain rights and liberties (1868) - 15th: right to vote; government cannot apply qualifications such as race, etc. (1870)

Constitution of 1876

Reconstruction led to the view that govt should be severely restricted; Grange(rs) Written during time of turmoil (economic ruin, state deeply in debt, heavy taxes) —> anti-government in character, limits taxes & limits all branches (especially Governor)

Constitution of 1866

Reconstruction of southern states after Civil War; Lincoln's plan: abolition of slavery, retract secession, cancel all debts and obligations owed to Confederacy uses Constitution of 1845, but eliminate slavery & allow property rights to Black Americans (but still can't vote) Radical Reconstructionists held U.S. Congress & imposed military gov't on former Confederate states for 2 years

The status of the Texas governorship created by the Constitution is a reaction to:

Reconstruction.

Probably the most important duty of the Texas Railroad Commission from the standpoint of the U.S. is:

Regulating the production of oil and natural gas.

State board of education

Regulatory body for the state's education system. 15 member elected board of state-wide officials; quarterly meetings open to the public. Establishes policies for public education in Texas: - Managing budgets. - Accrediting schools. - Selecting textbooks.

The district court in San Antonio v. Rodriguez delayed action because the court

Remained a problem in urban areas with populations of large minority.

Partisanship in Texas today

Republicans dominate elections, though they do not outnumber Democrats by much in public opinion polls; Republicans vote at much higher rates, translating into electoral victories; Republicans have won every statewide election since 1998; things to think about: partisan change in future due to Hispanic population growth? Californization? (many people leaving California and coming to Texas) urban growth?

The 2007 session of the state legislature passed the Religious Viewpoint Antidiscrimination Act, which

Required Texas schools to adopt a number of policies that would protect religious speech on campus

What is a simple resolution?

Required passes of only 1 house of legislature. It can pass with 1 house agreeing and 1 house disagreeing. Used to adopt rules, to request opinions form attorney general, to appoint employees to office in House and Senate or honor outstanding achievements. Doesn't need governors signature.

cooperative federalism: revenue sharing

Revenue sharing is a type of fiscal federalism whereby the federal government allocates revenue to state and local governments with little or no strings attached. Budgetary issues: most state constitutions require them to balance their books (in contrast to fed govt) Balanced Budget Amendment: The State of Texas CANNOT legally get into debt Result: state govts cut funding to universities and education in general

Grand Jury

Reviews evidence to determine whether to charge individual with a criminal offense. 12 citizens selected by a district judge. Check on government power (specifically, executive branch). *Anti-Federalists (e.g. Brutus) argued at length to have trial by jury established in the Constitution. 9 of 12 required to issue an indictment, which is a written statement charging individual with punishable offense.

Moralistic

Rooted in New England and puritan roots Promotes public good and advancing social welfare Active involvement by all citizens

Shelby County v. Holder

Ruled the preclearance portion of the Voting Rights Act of 1965 unconstitutional.

Redistricting

SCOTUS vacated first iteration of interim maps on grounds that district court had not been sufficiently deferential to legislature (2011); Texas District Court's interim maps used for 2012 elections (3rd map)

Barron v. Baltimore

SCOTUS: due process of law did NOT apply to state gov'ts Barron argued for 5th amendments clause about govt taking private property, but SCOTUS ruled that it ONLY applied to FEDERAL govt, not states The Bill of Rights in the U.S. Constitution applies only to the Federal government and does not limit State governments.

Which school district in Texas became the first in the nation to comply with the Supreme Court's order in Brown v. the Board of Education?

San Antonio

The governor of Texas can appoint the:

Secretary of State. Adjutant general. Commissioner of health and human services. (All of the above)

Who is the principal elections officer for Texas's state government?

Secretary of state.

Congress

Section 2 - Representatives (House) chosen every 2 years, Texas is 2 years Section 3 - Senators chosen every 6 years by state legislature, Texas is 4 years altered by 17th Amendment (popular vote, not by state legislature); ratified in 1913

What was ruled in Brown v. Board of Education?

Segregated public schools were inherently unequal

The terms of office for members of the Texas Legislature are:

Senate four years, House two years, no term limit.

The practice of the Senate in rejecting gubernatorial appointments that are objectionable to the senator from the appointee's home district is called:

Senatorial courtesy.

The legal doctrine at issue in the Plessy v. Ferguson case is the

Separate But Equeal

Segregation

Separation of people based on racial, ethnic, or other differences, especially in public schools.

You are most likely to be infected with (HIV) through:

Sexual activity.

In what case did the Supreme Court rule that a key section of the Voting Rights Act was unconstitutional, which affects a key provision requiring Texas to have its new districts approved by the U.S. Department of Justice?

Shelby County v. Holder

Which court case in 2013 struck down the formula for determining the states covered under the Section 5 preclearance requirement of the Voting Rights Act of 1965?

Shelby County v. Holder

Partisan realignment

Shift among electoral from supporting one party to supporting another. Periods generally last several decades. In Texas, Democrats "realigned" as Republicans between the late 1970s and the mid 1990s.

Partisan Realignment

Shift among electoral from supporting one party to supporting another; Periods generally last several decades; In TX, Democrats "realigned" as Republicans between the late 1970s and the mid 1990s

Partisan dealignment

Shift among voters from identifying with a party to becoming "independent". General trend in U.S. for the last few decades. Most independents, however, are partisan "leaners" - tend to consistently supports Democrats or Republicans regardless of decision to eschew party labels.

Children's Health Insurance Program (CHIP)

Similar to Medicaid, but for children whose families do not qualify for Medicaid

Committees

Small groups of legislators who deal with specific policy areas. Bills need committee approval before being considered by the House or Senate. Members are appointed by Speaker of the House or the Lieutenant Governor. Most bills die in committee; committee chairs have the power here. They can send bills to unfavorable subcommittee or fail to schedule a hearing. But the committee chairs answer to the speaker and lieutenant governor. Standing committee: permanent committee established to deal with legislation in a particular policy area. Interim committee: temporary committee established to study an issue between legislative sessions. Select committee: temporary committee established to address a specific problem. Conference committee: temporary committee established to address differences between the House- and Senate-passed bills in order to reconcile them. Mark up - members revise, amend, rewrite bill with new information and policy positions.

SES

Socioeconomic status. Can be used to predict the likelihood of voting. Gives relatively good predictability, but does not explain much about why. Statistics require interpretation, correlation is not causation.

What happened during the Nullification Crisis in 1833?

South Carolina tried to assert the right to veto national legislation passed by Congress.

In the Texas legislature, the referral of a bill to a standing committee in the House and the Senate is the job of the

Speaker of the House and lieutenant governor.

The two most powerful political figures in the Texas legislature are the

Speaker of the House and the lieutenant governor.

A school district falls under what kind of district?

Special district

What is the most common form of local government in Texas?

Special districts

What is the main difference between a special district and a county?

Special districts only perform a single service within a geographic area

Which of the following statements about special sessions of the Texas legislature is true?

Special sessions are common, held an average of once a year since 1876.

Taxation

Spending Clause (Article 8, Clause 1): "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excise, to pay the Debts and provide for the common Defense and general Welfare of the United States." grants federal govt broad power & has been interpreted widely (post-1936: US v. Butler) E.g. National Minimum Drinking Age Act — 1984 federal law; tied federal funding for highway repairs to drinking age despite 21st amendment granting liquor laws to states states needed funding; essentially raised drinking age to 21

State Board of Education

State Board of Education - Fifteen member board represents districts across state. Serve four-year terms. - Created by Texas Constitution to maintain a free public education system. - Issues include testing, charter schools, distribution of resources, and school curriculum.

Legislative Budget Board

State agency comprised of the lieutenant governor, speaker, and 8 lawmakers. Makes legislative agenda difficult for governor, because they can't be certain what will receive budgetary approval.

what are Gilmer-Aikin Laws?

State legislature passed laws addressing school issues with teacher salaries, public monies, minimum school year days.

New Federalism

State-centered federalism (beginning in the 1970s) states have discretion & flexibility to solve own particular issues General party divide Democrats prefer national govt Republicans prefer state power

Preclearance

States with history of racial discrimination must "pre-clear" changes to election laws and districts with the Department of Justice.

Party ID strength & impact on participation

Strong parties garner votes and success because voters want to identify with them, leading to more political participation.

Party strength

Strong parties have: 1. Strong leadership (hierarchical) 2. Nomination control 3. Ability to punish rank and file or garner support by benefiting members (e.g. spoils system). Long duration in office. Members toe the party line.

Bureaucratic Oversight - Sunset Review

Sunset Advisory Commission (SAC); Commission that reviews effectiveness & efficiency of state agencies; 12 members - mostly state representatives & senators; Every agency audited once every 12 years; Process takes 2 years and each agency must: Document efficiency, Show it meets legislative mandates, Show process for dealing with complaints, Justify continued existence; Agencies may be changed, merged with others, abolished, or left stand according to outcome of audit

Sunset Review

Sunset review process in Texas (established by the sunset act of 1977) is considered one of the most extensive within the U.S. According to the Texas Sunset Advisory Commission: - Sunset is the regular assessment of the need for a state agency to exist. While standard legislative oversight is concerned with agency compliance with policies, sunset asks a more basic question: Do the agency's functions continue to be needed? Directed by a 12-member bod appointed by the lieutenant governor and the speaker of the House of Representatives. Considered effective due to strong legislative support and the fact that all state agencies are subject to this type of review.

SNAP

Supplemental Nutrition Assistance Program. Food stamps.

SSI

Supplemental security income. Provides assistance to blind, disabled, and elderly people.

Individualism

Support for individual responsibility and lack of government involvement

Liberal

Supports government regulation of economic activities to protect consumers & support equal outcomes, and opposes government regulation of social lives.

Conservative

Supports smaller government, regulation of social lives to preserve traditional values and norms, opposes government regulation in economic activity.

Judicial review

Supreme Court can nullify laws based on Constitution designed as check on power of Congress; laws ≠ Constitution when state law is deemed unconstitutional, federal government has greater influence

Commerce Clause

Supreme Court generally makes distinction - interstate (between states) and intrastate (within states) Roosevelt wants to regulate commerce to help institute New Deal programs Supreme Court does not allow it - regulation of economic activity within states is unconstitutional

Ideology

System of ideals / principles regarding how government and society should operate (rigid). As opposed to opinions, which are views about the role of governments and citizens (flexible).

Concurrent powers

Taxation, borrow money; establish courts; make & enforce laws; charter banks & corporations; spend money for general welfare; take private property for public purposes (w/ compensation) DENIED for both state & fed govts: Grant titles of nobility; permit slavery; deny citizens right to vote based on race, color, previous servitude or gender

The welfare program that provides direct cash payments to poor children and their families is:

Temporary Assistance for Needy Families.

TANF

Temporary Assistance for Needy Families. Replaced AFDC in 1995. - Incentivized work - requirements to receive benefits. - Greater flexibility given to states to administer. - Limited benefits available - monthly cap, lifetime 36 months of assistance. - Around 100,000 receive TANS benefits in Texas, almost 85% children.

How long does the governor have following the adjournment of the legislature in which to act on bills?

Ten working days.

Which constitutional amendment best describes the relationship between the federal government and states?

Tenth Amendment

Blue Dog Democrat

Term for conservative, Southern Democratic. Once dominated the state (and the South) but is now largely extinct; largely sorted into Republican party. They have a PAC: bluedogdems.com

Reagan Revolution

Term used to describe the impact of President Reagan on politics in 1980s. Motivated many conservative Democrats to join Republican party, especially in Texas.

Standardized tests

Tests given statewide to measure student performance. TAAS, TAKS, STAAR. Remains controversial. - Improvements in performance have not resulted from increased assessment and accountability. - E.g. 55% pass rate on STAAR English writing exam.

elections in Texas

Texans have the ability to vote for many things; some elections have less than 20% voter turnout, Texas has history of low voter turnout

What entity determines how much money is available to public education through the Permanent School Fund?

Texas Board of Education

Texas Constitution & History - Executive

Texas Constitution (1876) Reconstruction constitution (1869 - imposed by U.S.) specified a strong governor, and more centralized power. The 1876 constitution was a reaction to the reconstruction constitution. It weakened gubernatorial (governor) powers severely: - Cannot fire government officials. - Very limited appointment powers. - Must share power with other elected officials (shares constituency).

Adult correctional functions in Texas are the responsibility of the :

Texas Department of Criminal Justice.

Shivercrat

Texas Governor Allen Shivers tried to organize conservative Democrats to support Republican candidate for president, Dwight Eisenhower - Democratic state, Republican national position.

A representative seeking help in drafting a bill would probably turn to the:

Texas Legislative Council.

Texas Railroad Commission

Texas Railroad Commission (TRRC) - Has 3 members selected in staggered statewide elections. - One of the most powerful bodies in the government. Regulates state and interstate railroads, the oil and gas industry, trucking, and mining. - Not as powerful as mid-20th century.

If the City of Houston and its natural gas supplier disagree over retail gas rates set by the Houston City Council, who would resolve the dispute?

Texas Railroad Commission.

The state agency charged with insuring a supply of safe drinking water for colonias- predominately Hispanic settlements along the Rio-Grande is the:

Texas Water Development Board.

Balanced budget

Texas constitutional requirement that the state maintains a balanced budget. Appropriations cannot exceed revenues - state is not allowed to run a deficit.

What was the relationship between Texas and the Obama administration in addressing issues such as education, health care, immigration, and voting?

Texas did not agree with Obama's policies and, in fact, sued the administration 46 times.

Executive Boards and Commissions

Texas has around 200 boards and commissions that oversee agencies created by state law. Each has board members serving staggered 6-year terms. Members are appointed by the governor and confirmed by the senate.

Texas primary voting rules

Texas has open primaries. Once you have participated, you're restricted to that party's primaries for the remainder of the election cycle. You declare your party on the day of primary voting; you do not declare partisanship when registering.

Court of Last Resort

Texas has two courts of last resort based on the Texas constitution - "supreme courts" Supreme Court - appellate jurisdiction over civil cases. - Treats petitions of review. - 4 of 9 justices to grant to hear the case. - Issues writs of mandamus. Court of Criminal Appeals - appellate jurisdiction over criminal cases - 9 judges hear all cases "en banc" - means they hear each case as a group - all 9 sit and decide. Majority vote of en banc panel decide case outcome. - Court of last resort for all criminal cases. all death penalty cases must be reviewed here after district court. All other appeals are "discretionary" - may be heard here, but court may decide which cases to hear and which not. - Appeals to SCOTUS are possible if the case involved federal law or U.S. constitution. The SCOTUS also has a discretionary docket - may decide whether or not to hear a case.

Health Policy

Texas has very high rate of uninsured, nearly double national average; healthcare costs leading cause of bankruptcy; most health plans provided by employers; costs rising dramatically in recent decades; it's cheaper to have insurance and not need it than to need it and not have it

State vs. Federal Judiciary

Texas judicial system is large and complex. There are many different courts with overlapping jurisdiction. Some hear only specialized cases, while others hear a variety of different cases. State court has jurisdiction over disputes connected to a U.S. state. State courts handle vast majority of civil and criminal cases. Trial courts: where trials are held. Many cases do not make it to trial. District attorneys are responsible for determining if a case warrants and indictment. Grand jury (citizens) determines if evidence is sufficient. State courts are connected to politics of their area. 39 out of 50 states have some election for judges, and public opinion becomes important in these judgements. Includes issues of interest groups - mostly single-issue groups that are concerned with legal decisions on their issue. Campaign financing is the issue here - campaigning becomes both more expensive and more partisan.

Amendment(s), importance of

Texas lacks initiative or referendum for citizens to place issues on ballot citizens can't petition to have amendments on ballot for citizens to vote on ***State of Texas has only those powers explicitly granted by Constitution*** No Necessary and Proper clause in Texas

Biennial budget

Texas legislature must plan budget for 2 years; planning is difficult and budget reforms harder.

Constitution of 1827 "Constitution of Coahulla y Tejas"

Texas part of Mexico (2 of 12 deputies of Mexico legislature were Texan), issues (education, slavery, immigration); insufficient funding from Mexican govt; Texas wanted local control over education —> revolution in 1836 Catholicism

Education Expenses

Texas spent about $50 billion on public education in recent years; about 80% from local property taxes / state funding, about 20% from federal government; 2013: 5+ million students enrolled and increasing with state population

What arguement was made in Plessy v. Ferguson?

The "seperate but equal" schools were in fact unequal

In March 2010, Congress passed ______________ , substantially altering the nation's health care system.

The Affordable Care Act

Public intoxication is a class C misdemeanor. Such an offense occurs inside the city of Austin on 6th street. Where would it be tried?

The Austin Municipal Court.

Texas Constitution Article 4

The Lieutenant Governor shall by virtue of his office be President of the Senate, and shall have, when in Committee of the Whole, a right to debate and vote on all questions; and when the Senate is equally divided to give the casting vote.

The Economic Stabilization Fund is also known as the

The Rainy Day Fund

Oversight

The Sunset Advisory Commission (SAC): - Commission that reviews effectiveness and efficiency of state agencies. - 12 members: Mostly state representatives and senators. - Every agency audited once every 12 years. Process takes 2 years and agency must document efficiency and justify continued existence. Agencies may be changed, merged with others, abolished, or left stand according to the outcome of the audit.

Why must the Texas legislature maintain a balanced budget?

The Texas Constitution mandates that legislature maintains a balanced budget

Constitutional requirement(s)

The Texas constitution requires the state to keep a balanced budget.

poverty index

The U.S. government's specification of income levels below which people are considered to be living in poverty, can allow you to qualify for certain welfare programs

Poverty index

The U.S. government's specification of income levels below which people are considered to be living in poverty. Set by the federal government. Income level below the poverty level qualifies for certain welfare programs.

Political efficacy

The belief that one's political participation really matters - that one's vote can actually make a difference. The ability to influence government and politics.

What is the fate of a bill vetoes by the governor after the legislature has adjourned?

The bill is dead.

In the Texas legislature, when a committee chair "pigeonholes" a bill, what happens?

The bill is set aside before it is ever discussed in committee.

What was the effect of Dallas's shifting from an at-large to a single-member district system in 1991?

The change was responsible for the election of a significant number of African American and Hispanic council members

In Texas, who presides over the county commissioners' court?

The county Judge

What is required to convene a special session of the state legislature?

The governor must call for a special session outside a general session.

expansion of franchise

The increasing amount of different people that participate in elections; interest group involvement: National Association for the Advancement of Colored People (NAACP), Mexican American Legal Defense and Education Fund (MALDEF), League of Women Voters (LWV)

Lieutenant Governor

The leader of the senate. Elected in a statewide election. Not an actual member of the senate, but may cast a tie-breaking vote. A very powerful office in Texas politics. Elected separately from the governor. Has appointment powers in choosing committee membership, so they have a large impact on lawmaking in Texas. They preside over the senate, appoint chairs of committees, members, and assign bills to specific committees. Standing committees consider major areas of legislation such as education or natural resources. Some committees are procedural. Committees vary in importance based on jurisdiction. Calendar committees are special procedural committees that schedule bills for debate. They have quite a bit of power and can schedule legislation not favored by the speaker, thus keeping it from being considered. Important in part-time legislature such as Texas.

For a Texas governor, what is the benefit of a post-adjournment veto?

The legislature is prevented from overriding it.

The constitution fails to include which of the following in its language regarding special legislative sessions?

The legislature may summon itself into veto override session if four-fifths petition to do so.

Redistricting

The legislature redraws representative and senatorial districts every 10 years. The legislative redistricting board was created in 1948; it redraws boundaries if the legislature fails to do so. One person, one vote principle. Roughly equal population between districts (Reynolds v. Sims 1964). Few real restrictions or guidelines. "Gerrymandering" is the drawing of districts to benefit one party or group over others. Partisan "gerrymandering" is entirely legal. Racial or ethnic discrimination is prohibited. Single-member district: legislator elected from specific geographic area.

The principal agent in making public policy in Texas is:

The legislature.

Taxation

The levying of tax.

What are the differences between the mayor-council and the council-manager forms of local government?

The mayor-council consists of an elected mayor and city council. A council-manager the city council oversees local policy and budgets and appoints a professional city manager to handle administrative tasks on a day-to-day basis.

Function and Purpose of the Texas Legislature

The most powerful branch in Texas politics. Only branch able to propose and approve legislation. Power claimed under the 10th amendment to the U.S. constitution. The Texas legislation as plenary power - the total authority to act on any issue - limited only by the U.S. constitution, applicable federal law, and the Texas constitution. The Legislature is bicameral. It is composed of a Senate (31) and a House of Representatives (150). Senators serve 4-year terms, and are half-elected every two years. Each represents ~811,000 Texans. Representatives serve 2-year terms, and are elected every 2 years. Each represents ~168,000 Texans. There are no term limits, and the turnover rate is <20% (national average is ~24%, Congress is ~5%). Compensation is $7,200/yr + $150/day per dime while in session. Works out to a little more than $40k per year if maximum per dime is taken. Pension is generous - $125,000 x 0.23 x years of service. E.g. 10 years of service -> $28,750/yr. Cannot collect until age-qualified.

Nomination

The official endorsement of a candidate for office by a political party, usually following a primary.

Original jurisdiction and appellate jurisdiction

The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.

Line-item veto

The power of the Texas governor to veto individual items in the budget.

10th amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Recruitment

The process by which parties seek out and support candidates. Parties give members a vehicle to introduce and promote themselves and assist in fundraising and legal requirements for recruited candidates.

Mobilization

The process of assembling and supporting voters.

Registration

The process of signing up to be a voter.

Critiques & Reforms - Legislative

The professional and industry backgrounds of legislators have not varied much over the years. Legislators become subject to pressure to represent special interests, sometimes at the cost of the public interest. Commonly proposed reform is to increase the legislators' pay, because low pay leads to dependence of legislators on other sources of income. There is also proposed structural reform to increase the length of the legislative session, because the Texas economy is larger than many countries, and a full time legislature would adapt to modern and urban conditions of Texas today. Recall that Texas was rural and agricultural when many features of current legislation were adopted.

For how long does the Texas legislature meet?

The regular legislative session lasts 140 days every two years.

Suffrage

The right to vote.

franchise

The right to vote. Also called suffrage.

If an attorney behaves unethically while representing a client, that person should go to:

The state bar of Texas

Which of the following may explain the fact that Texas has higher crime than most states?

The state has a larger share of minorities. The state has more poor persons than most other states. The state is more urban, having more large cities than most other states. (All of the above)

The term "jurisdiction" refers to:

The types of cases which a court is competent to hear and decide.

Heuristic

The way that voters use party labels to identify themselves politically. Party label is a "heuristic" - most helpful for voters with low levels of political knowledge.

Delegate vs. Trustee

There are two types of representatives: delegate and trustee. Delegate politicians make (policy) promises; if they deviate, we vote them out of office. They are charged with carrying out the interests of their constituents / party. Prospective voting is looking ahead to consider public policies. This leads to a problem: issues arise that force politicians to change positions. This happens often because promises cannot foresee future issues. By comparison, a trustee acts on behalf of citizens' interests. They do what they think is best for the citizens, not what they are delegated to do. Retrospective voting is where we judge choices made by a representative after the fact. This leads to a problem: a challenger may promise policies opposed to incumbent only due to popularity. The trustee model is rare in America because we are generally suspicious of government.

Party organization

There is a national party, but each State Party is really an independent organization loosely organized at the national level. Parties built on local, state, and national organizations. Parties have quirks and unique traits, especially at the state level.

Why did the Texas Constitution establish a plural executive?

There was suspicion of a strong chief executive.

In the case of Edwards Aquifer Authority v. Burrell Day and Joel McDaniel (2012), farmers argued that

They had the rights to the water based upon their ownership of the land above it

Why are Texas counties important?

They provide the main form of government in rural areas and have constructed powers

What do interest groups want from policy makers?

They want policy that is beneficial for their groups.

Libertarian Party

Third party that believes in limited government and can be described as economically conservative and socially liberal - neither democrat nor republican; most durable (though still limited) influence and success in Texas politics, often regionally based successes (never really statewide)

One of the most powerful instruments of the governor is the:

Threat of Veto.

The duty of a coroner is:

To determine the cause of death when a person dies the presence of competent witnesses, or when circumstances suggest that unlawful means might have been used to induce death.

The Lone Star Card is used by a recipient of public assistance:

To obtain food items in a grocery store.

The greatest proportion of cases heard in municipal court involve:

Traffic violations.

Texas has historically participated in matching funds at a relatively low rate. True /False

True

Texas spends less on state-federal programs than most states do? True/false

True

The general election is held the first

Tuesday following the first Monday in November of even-numbered years.

What is bicameral?

Two house legislature

To override a governor's veto requires a vote of the legislature of:

Two-thirds in both houses.

"Low tax, low service"

Typically considered a "business friendly" model, Texas ranks 46th in terms of per capital spending and 46th in state ranking of revenue per capital. Poor services for citizens in exchange for low taxes.

Because Texas is covered under the federal Voter Rights Act, all election law changes must be submitted to the

U.S. Justice Department.

multi-culturalism

U.S. is ethnically and religiously diverse; it is multicultural, groups allowed to maintain identity within society without discrimination

Motor Voter Law

U.S. law requires states to allow people to register to vote when applying for driver's license. Designed to encourage more to register by making the process easier. About 70% of Texans are registered - about 55% of Latino/a Texans.

Local government, importance of: Special District

Unit of local government that performs a single service in a limited geographic area authority beyond municipal or county lines They have dramatically increased in recent years, now outnumbering all other forms of government in Texas

Which countries are federalists?

United States, Argentina, Australia, Austria, Belgium, Brazil, Canada, Ethiopia, Germany, India, Mexico, Nigeria, Spain, and Switzerland.

What is the main difference between a bill and a resolution?

Unlike a bill, a resolution, if passed, lacks the force of a public law.

Special elections

Used in Texas to fill vacancies, give approval for government to borrow money, and ratify or reject constitutional amendments. Dates of elections are determined by the legislature as the need arises.

What occurred in Plessy v. Ferguson (1896)

Validated the Texas state-imposed racial segregation in public schools

What is the term applied to a group of persons from which juries are selected?

Venire.

The governor's only constitutional budget power is:

Vetoing all or part of the biennial legislative appropriations act.

Martin v. Hunter's Lessee (1816)

Virginia court argues that decisions of state courts were final and could not be review at a higher level; Supreme Court disagrees citing Article III, Section 2, Clause 2: "...in all other cases before mentioned the Supreme Court shall have appellate jurisdiction"; allows Supreme Court to review appeals of state court decisions interpreting federal law or U.S. Constitution; 1st case where SCOTUS asserts its authority to review state cases; civil issue in this instance - property

Which of the following is not included within the list of powers accorded to the lieutenant governor by the Texas Constitution or Senate rules?

Votes on all bills before the Senate.

federal laws on elections

Voting Rights Act (VRA) of 1965: prohibits discrimination against minority voters by state governments; pre-clearance: states with history of racial discrimination must "pre-clear" changes to election laws and districts with DOJ; Shelby County vs Holder (2013): strikes pre-clearance against provision of VRA (section 5)

As a citizen, you are most likely to participate in the judicial process through:

Voting for a judicial candidate.

Threshold activity

Voting is a "threshold activity."

By the late 1960s, de facto (by-fact) segregation.

Was still a problem in urban public schools with a large minority population.

Election and Selection - Legislative

We have single-member districts: legislator is elected from a specific geographic area. This makes apportionment and redistricting more relevant.

Tax incidence

Where (on whom) actual cost of tax falls (e.g. property tax paid by owners, but cost passed to renters via rental rate adjustments).

In determining punishment for a capital felony defendant, jurors consider:

Whether the defendant would constitute a continuing threat to society.

Federalist #78

Written to explicate and justify the structure of the judiciary under the proposed Constitution of the United States. It is the first of six essays by Hamilton on this issue. Hamilton said the judiciary would be the weakest branch because it had "no influence over either the sword or the purse, ...but merely judgement." The judiciary would depend not he political branches to uphold its judgements. Hamilton also explains how federal judges should retain life terms as long as those judges exhibit good behavior. Hamilton argues that the federal courts have the duty to determine whether acts of Congress are constitutional and to follow the constitution when there is inconsistency. Hamilton viewed this as a protection against abuse of power by Congress.

Deficit

Yearly imbalance where expenditures outpace revenue.

What would Abbott like to require in order to strengthen the states and weaken the power of the national government?

a balanced federal budget and prevent Congress from regulating activities occuring within a state, the latter which would likely prevent federal regulation of gun use and marriage.

What is a local bill?

a bill affecting only units of local government, such as a city, county, or special district

What is a general bill?

a bill that applies to all people and/or property in the state

What is a special bill?

a bill that gives an individual or corporation a special exemption from state law

What is a revenue bill?

a bill that imposes the federal taxes

Underlying water policy in Texas is...

a complicated system of private property rights

Jurisdiction

a court's authority to hear certain cases; jurisdiction of courts based on geography of case OR type of case

What happened in Veasey v. Abbott?

a federal district court found that the state's voter identification requirement was intended to discriminate against minority voters.

general election

a final or definitive election in which candidates representing their respective parties contend for election to office; for Texas: held first Tuesday after first Monday in November in even years

Representative Democracy

a form of democracy in which citizens elect officials to govern on their behalf; advantage: most citizens free from governing; disadvantage: how to control representatives? role of citizens? apathy?

The 8F Crowd was

a loose but influential group of Texas businessmen.

Texas has a reputation of being a ________ state.

a low-service, low-tax state

state marketplace

a place where you can go online and shop for insurance from many different providers, Texas did not set one up

Party candidates are nominated for a general election in Texas by:

a primary.

Ordinance

a regulation enacted by a city government in each of Texas's incorporated cities and towns

If the legislature grants a particular corporation an exception from a state law, it is called

a special bill.

Texas source of revenue

about 45% from taxes; over half from general sales tax, 8.25% total sales tax; federal government: approximately 36% of Texas's total revenue mostly through matching funds items exempted from sales tax: food purchased at grocery store, agricultural items, drugs and medicine, some professional services (legal, accounting, real estate); levying state income tax is unpopular, even among those Texans who may benefit from it; other taxes: franchise tax, severance tax, excise tax, taxes on insurance, utilities, inheritances, hotel/motel occupancy, etc.

debt

accumulation of years' deficits, this is the amount owed in total

independent school district

administers public education in local areas, over 1000 in Texas

Budget Process

agencies draft plans to meet goals and request funds they need to achieve them; submitted to Legislative Budget Board (LBB), small group of leading legislators key to shaping and managing state budget; Comptroller of Public Accounts prepares biennial review estimate of state's future revenue; legislature drafts appropriations bills to authorize spending for various agencies, go through regular legislative process; after legislature, appropriations sent to Comptroller to "certify" that budget is balanced; after Comptroller certification, bill sent to Governor for signature, line-item veto option at this point; new budgets are enacted on September 1 (beginning of fiscal year) of odd years

Dixiecrat

aka States' Rights Democratic Party. Conservative Democrats who left their party between 1950s and 70s over issue of segregation.

Economic Stabilization Fund (ESF)

aka rainy day fund; created in 1988 as reserve fund to provide relief in hard times; funded by excess oil and gas taxes

What are independent state grounds?

allows states to expand rights beyond those provided in the U.S. Constitution

What is the Sunset Act?

an act that provides for the review, and when deemed appropriate, termination of state agencies.

special election

an election that is not held on a regularly scheduled basis; in Texas, a special election is called to fill a vacancy in office, to give approval for the state government to borrow money, or to ratify amendments to the Texas Constitution

proportional representation

an electoral system in which parties gain seats in proportion to the number of votes cast for them; encourage multi-party systems; generally do not vote for candidates but rather for party, party itself determines officials who will serve

The lieutenant governor is

an official who is elected in a statewide election for a four-year term.

Constitution of 1845

annexation of TX into U.S. through Congress (condition of 1836);l problem of slavery b/w North & South Legislative (House & Senate): meet every 2 years; Executive (Governor & Lt. Governor): governor appoints other offices 1850 amendment: most offices now elected by people, not appointments from governor

In Texas, who can write a bill?

anyone at all

Rationality

applied to public policy making means setting specific goals and seeking to achieve them efficiently, public often sees government as inefficient which is often a failure to appreciate complexity of public policy problems and solutions, are the goals the public think of realizable? involves many political actors, numerous levels and parts of government, and need for compromise; bounded rationality: seeking solutions that are only satisfactory not optimal, do we pursue "ideal" policy solutions or "satisfactory" solutions

Federal Judges are...

appointed by the president and confirmed by the Senate

In the 1973 San Antonio v. Rodriguez case, the Supreme Court ruled 5-4 that states such as Texas

are not required to subsidize poorer school districts under the equal protection clause.

party platform

articulation of party direction and goals for an electoral cycle; lists issues, and positions on those issues, that party will take and campaign on in an election; each issue is a plank of the party platform

Ross Perot was appointed by Governor Mark White to chair a committee on education. As committee chair, he was particularly scornful of...

athletic programs

What is New Federalism?

attempts by Presidents Nixon and Reagan to return power to the states through block grants

The chief lawyer for Texas is the

attorney general.

One-third of the members of the legislature are

attorneys

The Permanent School Fund distributes money to school districts across the state based on what two factors?

based on attendance rates

What is a major problem with counties sizes in Texas?

being in a smaller county, can place a huge strain on county resources

What kind of legislature does Texas have?

bicameral

What regulations do state laws provide?

birth, death, marriage, divorce, and most crime and punishment.

Plural Executive - various powers

branch where power is fragmented and distributed across several offices; Compare to unitary executive; plus elected and appointed officials, boards, and commissions largely independent of Governor; "cabinet" has own authority; bureaucracy sometimes considered 4th branch of government

Under the Senate Rules, the lieutenant governor has the power to

break a tie on any vote.

14th Amendment

bundled with 13th and 15th amendment, reconstruction amendments; 5th amendment rewritten with one clause that uses the word "states"; privileges and immunities clause: no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; due process clause: nor shall any state deprive any person of life, liberty, or property, without due process of law; equal protection clause: nor deny to any person within its jurisdiction the equal protection of the laws

The practice of combining several individual campaign contributions into one larger contribution from a group in order to increase the group's impact is known as

bundling.

Under the Gilmer-Aikin Laws, the _____State of Board Education ___________ was established and became the policy-making body for public education in Texas.

bureaucratic institutions

Business Dominance

business groups are major players in Texas politics, in terms of campaign contributions, organized interest groups, and lobbyists

Most political action committee spending in Texas represents

business.

What are the top two reasons Texans give for NOT voting?

busy/conflict with work and not interested/vote does not matter

All of the following are modern-day tactics for preventing certain groups from voting EXCEPT

canceling an election at the last minute.

when are appeals to SCOTUS possible?

case involves federal law or US constitution; SCOTUS also has discretionary docket -- may decide whether or not to hear a case

Attorney General

chief lawyer for the state government; elected to a four-year term; Attorney General's legal role is primarily civil rather than criminal (e.g. Texas Ethics Commission); difference from U.S. Attorney General; may assist in criminal case at request of local prosecutors if the case involves a state interest/conflict significant impact on public policy when opinions are issued on the legality or constitutionality of proposed or enacted laws; consulted by state or local government on an issue; resulting opinion has effect of law unless it is altered or overturned by legislature or a court collect child support; half of 4000 employees work on child support collection; sue federal government when they impinge on state sovereignty; Issues include: health care, environment, immigration, etc.

In Texas, all judges EXCEPT municipal judges are...

chosen in partisan elections

What types of cases does the Texas Supreme Court hear?

civil appeals

Political culture

collection of beliefs and values justifying a particular government

Governor Military Powers

commander-in-chief of military force; cannot declare war on another country; power of President (as per U.S. Constitution); mobilize Texas National Guard - used for instances of natural disaster, riots, etc.; National Guards of various states can also be mobilized by U.S President

Which of the following are NOT part of the Texas judicial system?

commissioners' courts

Legislative Budget Board (LBB) (vs. Governor)

comprised of Lieutenant Governor, speaker of the house, and 8 lawmakers makes legislative agenda difficult for Governor cannot be certain what will receive budgetary approval *California: Governor >> Legislature >> Governor (revisions) >> Legislature (approve or reject) >> (both branches) veto powers

Federal funds appropriated in Texas generally are

concentrated in a few state agencies.

What are the 3 types of resolution in the Texas legislature?

concurrent resolutions, joint resolutions, and simple resolutions

Cities wishing to annex a territory must do all of the following EXCEPT

conduct an election to approve the annexation.

earmarks

congressional provision directing approved funds to be spent on specific projects criticized as "pork barrel" projects

Who serves legal papers at the precinct level of a county goes to the...

constable

What are electoral powers?

counting returns in the elections for governor and lieutenant governor.

In large Texas counties, the ________ prepares the county budget.

county auditor

county administration

county clerks, County tax assessor-collector, county auditor

The law enforcement budget at the county level is approved by the

county commissioners' court

Which court hears appeals form justices of the peace and from municipal courts?

county court at law

County Law Enforcement

county sheriff, constables, county attorneys, district attorneys

County Courts

created by Texas Constitution; confusing system due to state only adding more courts, not changing structure; each county has Constitutional County Court

A system that allows voters to cast more than one vote for a candidate is called a(n)

cumulative voting system.

Federal Law

deal with myriad of issues, pursuing goals and aims of US Constitution; Article I, Section 8: taxes, money, bankruptcy, infrastructure, immigration, military, sciences and arts, etc.; commerce & spending: many issues that cross state lines (e.g. drugs, crime, trafficking) current: think of immigration issues with Texas, California, and National Government

Ways and Means Committee

deals with tax revenue (to balance budget)

federal circuit and circuit courts

decisions of federal circuits are binding precedent, only Supreme Court can reverse them; different from other circuit courts -- decisions are only binding on their region

The supremacy clause of the U.S. Constitution

declares that the Constitution and laws passed by the national government are superior to all laws adopted by state governments.

What is marble cake federalism?

describes the cooperative federal system where national, state, and local policies overlap

What is layer cake federalism?

describes the dual federal system by dividing responsibilities between the state and national governments

In Brown v. Board of Education, segregated school districts were ordered to

desegregate their schools with deliberate speed

Appropriations Committee

determines state budget, thus most important committee

history of immigration

different groups settled different areas - Dutch, British, French, Spanish religious differences: Puritans, Catholics, Quakers population of America pre-revolution was majority European Christian voluntary immigrant labor and (later) slavery: 20% of population from Africa/Antilles strong immigration through 1860s bilingual schools (e.g. Germans in Texas!!!) Chinese laborers in California Gold Rush and building transcontinental railroads (120,000 immigrants)

circuit split

different interpretations of same federal law by two or more Circuit Courts

Federalist Paper #1

different people want to achieve different things, people are driven by emotion and passion >>> liability

Delegate vs. Trustee

different theories of representation: a delegate rules in the interest and according to the ideas of those who elect him or her while a trustee is entrusted with the power to make the best decisions for the masses on their own

democratic animal and color

donkey, blue

Mexico vs. Texas

during Constitution of 1827; issues: education, slavery, immigration Texas wanted local control over education w/ only some funding from central govt

A person can vote early in Texas

during the early voting period.

Full Faith and Credit

each state must recognize official documents and judgments of all other states (Article IV, sec 1)

What do states manage?

education, prisons, highways, welfare, environmental issues, corporations, and professions.

Local government, importance of: At-large election

elected to represent entire geographical area (not just by district)

third parties

electoral contenders other than the two major parties. American third parties are not unusual, but they rarely win elections, they are weak; voting for third parties may draw attention to particular issues that main parties will take positions on in order to attract voters who identify with those issues; these are sometimes "protest" votes

Enumerated & Implied powers

enumerated: explicitly stated in the Constitution implied: Necessary & Proper clause; a lot of Congressional powers

State of the State Address

establishes policy agenda; recommends legislation; legislators, voters, and interest groups know preferences; Governor's message power; Constitutional requirement of Governor; important informal powerof Governor over Legislature

budget

estimate of future financial revenue and appropriations; Texas constitutional requirement that state maintain balanced budget, appropriations cannot exceed revenues - state is not allowed to run deficit; balancing budget is a difficult task; errors in predictions, shortfalls, unforeseen expenditures, etc

In Texas, what is the most important power of the state comptroller?

estimating tax revenues for the legislature

State Commission on Judicial Conduct

ethics oversight commission, reviews complaints and makes determinations about what to do with judges

Redistricting in Texas occurs

every 10 years.

Current event (2018): West Virginia Supreme Court

every justice faces impeachment or has resigned due to a scandal around their spending habits

Texas Education Agency (TEA)

executive agency created to supervise public education in Texas; sets standards for public schools, manages funding provided by federal government

Criticisms of Structure

executive: inefficient policy-making; lack of voter participation legislature: citizen-lawmakers was intention result: slow lawmaking does not respond to needs of state judiciary: concerned with constituency because they answer to voters Education - decentralized (local power); creates inequitable system based on taxes Structure - Constitution is too specific and thus restricts adaptation to circumstances

Grandfather Clause

exempt from test/taxes if father voted before Civil War, applied to whites only

Cooperative Federalism

existing since New Deal where grants-in-aid have been used to encourage states & localities (w/o requiring them) to pursue nationally defined goals —> intergovernmental cooperation initial form of marble cake federalism: both state & national govt cooperate on some policies; boundaries b/w natl & state govts have become blurred

The 1819 McCulloh v. Maryland case ____________ the powers of the federal government.

expanded

Public policy refers to the

expressed goals of a governmental body backed by incentives or sanctions.

James Madison

father of the constitution, advocated for a Republic, "tyranny of the majority" - people make passionate decisions, not rational ones, a government which derives all its powers directly or indirectly from the great body of the people, national government would decide controversies between levels of government

intergovernmental grants

federal governments provide funds, but states use it

What is coercive federalism?

federal policies that force states to change their policies to achieve national goals

cooperative federalism: unfunded mandates

federal regulations imposed on state and local governments without funds to cover costs of abiding by these regulations mandates direct state or local governments to comply with federal rules under threat of penalties or as condition of receiving federal funds

What are unfunded mandates?

federal requirements that the state (or local) governments pay the costs of federal policies

A serious criminal offense that subjects a person to state prison punishment is a(n)

felony.

elections in america...

few participate in voting, thus lobbying and interest groups hold great influence

charter schools

fewer restrictions than ISD's but still required to meet state education standards, operate independently of ISD's; maybe non-profit or for-profit, largely publicly funded; grown quickly in Texas over last several years; Texas was 1st state to pass charter school law in 1991; political battleground in many states; arose in 1970's in response to failing schools; Republicans lean towards charter schools; can experiment with different curriculums

Gibbons v. Ogden (1824)

first SCOTUS case dealing with Commerce Clause *Article I Section 8: (Congress shall have the power) "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;" affirms federal government's right to regulate interstate trade broad definition of commerce

After a bill is referred by a committee, the next step in the process is

floor action.

Court of Last Resort

for all criminal cases; All death penalty cases must be reviewed here after district court; All other appeals are discretionary; may be heard here, but court may decide which cases to hear and which not

In spite of judicial campaigns, voters often know little about judicial candidates. As a result, they vote

for the party label.

Confederation

forms a Federal government from the sovereign States

Federalism

forms a National government that has its own jurisdiction and sovereignty separate from the States

The stages of public policy making are

formulation, identification, implementation, and evaluation.

Comptroller of Public Accounts

four-year term (elected); tax collection, accounting, and estimating revenue, i.e. overseer of state funds; estimates anticipated state revenues; certifies budget passed by legislature; Taxes include: sales, business, fuel, inheritance, etc.; overriding Comptroller requires four-fifths majority in both houses of legislature; essentially impossible

Texas senators serve ________-year terms and House members serve ________-year terms.

four; two

The main purpose of the Permanent School Fund is to?

fund primary and secondary schools in the state.

Which is the most important bill that applies to all people and property throughout the state?

general bill

Texas budget

general revenues fund: non-dedicated revenue account; general revenues: dedicated funds; federal funds: grants, payments, reimbursements, etc; other funds: all other funds in state treasury; Texas is "low tax, low service" state, typically considered "business friendly" model; Texas Constitution and other statutes limit legislators' ability to control state budget; biennial budget: must plan budget for 2 years, planning difficult and budget reforms harder; dedicated funds restrict lawmakers: stabilizes budgets and protects programs but also makes it difficult to be flexible and adaptive with budgetary measures; Texas Legislature can override comptroller's balanced budget only by 4/5 majority; Great Recession of 2008 significantly impacted Texas budget: LBB underestimated severity, federal "stimulus" program helped Texas in 09-10 but has not extended beyond, real estate slowed and brought decline in property values and thus revenue generated, sales tax revenue also dropped with job losses, money cut from education and welfare

Special bills are used to

give an individual or corporation an exemption from state law.

Socio-Economic Status (SES) predict likelihood of voting

gives relatively good predictability, but does not explain much about why; statistics require interpretation; correlation is not causation

What is dual federalism?

governmental powers were strictly seperated between the state and federal governments

Dual Budget System

governor and legislature play roles though legislature leads in practice

block grants

grants broad in nature and have little federal restrictions e.g. infrastructure projects

What are categorical grants?

grants the federal government gives to states that can be used only for a specific purpose, like building roads or fighting crime.

Article IV

guarantees right of self-government for each state

Texas Railroad Commission (TRRC)

has 3 members who are selected in statewide elections and serve staggered terms (six-years); formerly, one of the most powerful bodies in state government; regulated state and interstate railroads (eliminated in 2005 >> Texas Department of Transportation); also charged with regulating oil and gas industry, trucking, and mining; deregulation of many of its areas of jurisdiction and declining importance of oil and gas in Texas economy means TRRC is not as powerful as in mid-20th century; *But...rise of fracking and natural gas technology has made TRRC important again

During which constitution was the Texas governor very powerful, and many regarded state government as oppressive and corrupt?

he Reconstruction Constitution of 1869

How is the Speaker of the Texas House of Representatives chosen?

he Speaker is appointed directly by the majority party in the House. The Speaker is elected by members of the House.

Edmund J Davis

he passes number of laws unconstitutional according to Texas Constitution Davis's extreme laws led him to be voted out in 1872-73 his measures contribute to the extremely weak executive today

Land Commissioner

head of General Land Office; four-year term (elected); administers use of state-owned lands: leasing for gas and oil production, mining, etc.; and monitoring environmental quality of public lands and waters

Reconstruction: Radical Republicans

held U.S. Congress & imposed military gov't on former Confederate states for 2 years

primary elections in Texas

held in March of even-numbered years; conducted by political parties to determine party's nominee in general election; candidates need "absolute majority" (more votes than all others combined); if no majority, top 2 advance to runoff primary

political party organization

helps to make sure message of party gets out at all levels; supposed to help voters make a decision; permanent party organization: party leaders and officials who manage party year-round, small group that is always working to manage and mobilize a temporary organization; temporary party organization: series of conventions during election years that help select party leaders and to decide on direction and goals of party during that electoral cycle

local issues tend to have more weight than national issues

historically has meant more bipartisanship - cooperation between two parties; recently seen growth in partisan polarization; less cooperation, parties becoming more rigid and ideological

A city with the state-granted right to frame, adopt, and amend its own charter is called a

home-rule city.

The commissioner form of city government was developed as a response to the

hurricane at Galveston in 1900.

positives of interest groups

if we are organized, involved, and interested: groups have money and are mobilized, receive media attention, receive attention from candidates; it's in our interests as citizens to get involved in interest groups; interest groups mean Americans are skeptical of government

Constitution of the Republic of Texas (1836)

immigration from main U.S. to TX causes further tensions w/ Mexico; U.S. immigrants don't like Mexican laws; Mexico within Mexico is changing radically (federalism in 1835, unitary/central govt system); TX constitution written & heavily influenced by U.S. Constitution Beginning of shift from Texas as a Mexican colony; TX Declaration of Independence; TX becomes a constitutional republic (independent for 9 years after TX Revolution)

In Texas, the only constitutional method of removing a governor from office is by ________ and conviction.

impeachment

standing committee

important; permanent committee established to deal with legislation in a particular policy area; consider major areas of legislation such as education or natural resources; some committees are procedural; committees vary in importance based in jurisdiction - what legislation they are considering

Liberty

in Republics, we are allowed to voice our own opinions (LIBERTY!!) liberty contributes to faction, but to abolish liberty is worse liberty allows us to get together with other people

Sunset Review

in Texas (established by Sunset Act of 1977) is considered one of the most extensive within U.S. According to the Texas Sunset Advisory Commission: Sunset is the regular assessment of the need for a state agency to exist. While standard legislative oversight is concerned with agency compliance with legislative policies, Sunset asks a more basic question: Do the agency's functions continue to be needed?; directed by a 12-member body appointed by the Lieutenant Governor and the Speaker of the House of Representatives; considered effective due to strong legislative support and the fact that all state agencies are subject to this type of review

According to the supremacy clause, found in Article VI of the U.S. Constitution,

in a conflict between federal and state laws, federal laws take precedence and will override state laws.

categorical grants

include regulations on how funds are to be spent e.g. Medicaid, food stamps, etc.

revenue

income, comes to state accounts from taxes and other sources

One effective way for improving public education in Texas that Democrats, Republicans, and Tea Partyers support in...

increasing pay for teachers

According to Section 33 of the Texas Bill of Rights (Article 1 of the Texas Constitution), Texans are guaranteed the right to use and access public beaches. This is not a right that is protected under the U.S. Constitution. Which concept allows Texas to grant its citizens more rights than those listed in the U.S Constitution?

independent state grounds

proposition

initiative or referendum providing basis for political action

Initiative vs. Referendum

initiative: started by citizens, referendum: started by legislature

Patient Protection and Affordable Care Act

insurance companies cannot deny coverage; all individuals must have a plan or pay a fine, subsequently altered as of 2019 many will not be subject to penalty; subsidies available for middle and low income persons/families

For a bill that starts in the House the steps are

introduction, referral, consideration by standing committee, floor action, action by a conference committee and approval by both houses, and action by the governor.

How Bill Becomes Law in Texas

introduction: the first step in the legislative process, during which a member of the legislature drafts a bill and files a copy of it with the clerk of the House or secretary of the Senate; referral: the second step in the legislative process, during which a bill is assigned to the appropriate standing committee by the Speaker (for House bills) or the lieutenant governor (for Senate bills); consideration by standing committee: the third step in the legislative process, during which a bill is killed, amended, or heard by a standing committee; floor action: the fourth step in the legislative process, during which a bill referred by a standing committee is scheduled for floor debate

The Speaker of the Texas House

is considered the most important elected official in state policy making.

If a bill passes the House and the Senate, but in different forms, the bill

is sent to a conference committee.

The Tenth Amendment to the U.S. Constitution

is the "States' Rights Amendment"; it reserves all powers not delegated to the national government in the Constitution to state governments.

Texas Supreme Court

is the highest court in the state for civil matters; treats petitions of review; 4 of 9 justices to grant to hear the case; issues writs of mandamus; chief administrator of Texas' judiciary: set trial rules for courts and procedural rules for all cases in Texas; also establishes rules of administration for: Office of Court Administration, Commission on Judicial Conduct, State Bar Association of Texas

When individuals or interest groups take out ads concerning a campaign issue but do not tie them directly to any particular candidate it is called

issue advocacy.

What is the importance of the Supreme Court case Reynolds v. Sims and Baker v. Carr to the question of redistricting?

it declared the constitutional principle of "one person, one vote."

Which of the following is an accurate statement about the Tenth Amendment?

it does not clearly distinguish which powers belong to the states and which powers belong to the federal government.

As in the U.S. Congress, the purpose of a conference committee in the Texas legislature is to do what?

it is a committee designed to make differing House and Senate versions of the same bill identical.

Major state officials are elected in nonpresidential years because

it prevents popular presidential candidates from influencing the outcomes of Texas races.

A county commissioner's court consists of four commissioners and the county

judge.

Nullification

judicial review —> Supreme Court can nullify laws based on Constitution legal theory: state has right to nullify any federal law which state deems unconstitutional

U.S. Court of Appeals for the Federal Circuit

jurisdiction based on subject matter, NOT geographic location; dealing with trades and patents

organization of state courts

justice and municipal courts >> county level courts >> district courts >> court of appeals >> supreme court and court of criminal appeals

Referendum

law (or state constitutional amendment) proposed by legislature

cooperative federalism: pork barrels projects

legislation benefits specific constituency of one member of Congress

separation of powers (Texas)

legislative: sessions: odd-numbered years for 140 days -- PART TIME judicial: key difference with U.S. Constitution - not appointed two "courts of last resort" - Texas Supreme Court (civil cases) and Texas Court of Criminal Appeals (criminal cases) division of labor AND separation of power executive: veto bills; call special sessions of legislature executive officers are elected independent of Governor (therefore, "plural executive")

In theory, Texas has a dual-budget system, meaning the budget authority is shared by the governor and the legislature; however, in practice, the primary player(s) in the budget is/are

legislature

The 7 Constitutions

lengthy document (93K words) placing extreme restrictions on govt; length —> amendments; diffusion of power; distrust of govt; 5 constitutions since joining U.S. in 1845; 7 in 1876; Rigid/not flexible (no necessary & proper clause); Heavily amended (>500 of 700 proposed); very difficult to make amendments

The president of the Texas Senate is also the

lieutenant governor of Texas.

Municipal Courts

limited jurisdiction involving cases of city ordinances; ordinances - local laws enacted by a city council; includes how judges are selected

Justice of the Peace Courts

limited jurisdiction over minor civil and criminal cases; established by each county

Throughout much of the late nineteenth and early twentieth centuries, public education remained largely a ________ affair.

local

The level of government which most visibly affects the daily lives of citizens is

local government.

political party organization in Texas

local level (permanent organization): precinct - smallest and most basic political unit, precinct chair - local official who presides over precinct convention and serves on the county executive; county executive committee - group of local officials who run a county's primary elections and plan county convention, county chair - head county party official who heads the county executive committee; statewide offices (permanent organization): state executive committee - group of party leaders who govern party's statewide activities, accept filings of candidates for state offices, help raise funds for state candidates and set party agenda for statewide positions, state chair and vice chair - top two state level party leaders who preside over state executive committee; precinct conventions (temporary): local political meeting to (1) propose resolutions for state platform and (2) select delegates to county conventions; county conventions (temporary): county wide meeting of party to do same as precinct conventions but to select delegates to send to state convention; state convention (temporary): meeting of party delegates from all counties to: certify nominees for office; adopt official party platform; elect a chair, vice chair, and state committee; perform various other duties in presidential election years

Decentralization

local power, favored by TX

The Robin Hood plan was found unconstitutional because it required

local voter approval of property tax levies and it prohibited a state property tax.

Education Policy Challenges in Texas

low spending per student, 44th in country; increasing number of students from minority and disadvantaged backgrounds; 30,000+ students drop out each year, rate higher among Latinos and African Americans; state governments continually struggle with education policy; more money doesn't necessarily result in better rates/scores, plus money has to come from somewhere (i.e. taxes), education tied to taxation

If Texas instituted a progressive income tax

low-income Texans would pay a lower tax rate than wealthy Texans

Under the separate but equal doctrine in the 1920s and 1930s, the amount of money Texas spent on black students was ________ the amount spent on white students in public schools.

lower than

The primary purpose of Temporary Assistance for Needy Families was to...

make families self-sufficient by ending the cycle of dependency on government benefits

The primary purpose of Temporary Assistance for Needy Families was to

make families self-sufficient by ending the cycle of dependency on government benefits.

The most prison-prone group in society is ________ between the ages of ________.

males; 20 and 29.

Which of the following actions would the Tenth Amendment of the U.S. Constitution allow a state like Texas to do?

manage and regulate its own elections

Texas Health and Human Services Commission (HHS)

manages welfare programs, oversees 200+ programs, approximately 40% of state's budget for 2014-2015; this is just for Texas, each state manages its own welfare programs

Gerrymandering

manipulate the boundaries of (an electoral constituency) so as to favor one party or class

Current event: Wisconsin Voters Go to Polls Despite Coronavirus Pandemic

many others have postponed until June, Gov Tony Evers issued an executive order to postpone the election but state Supreme Court blocked it; results delayed; Milwaukee: only 5 of usual 180 polling places operational due to limited staffing availability and strict safety protocols

According to our text, what determines the amount of tax revenue generated from oil and natural gas produced in Texas?

market price and the amount produced

open primary

may vote in either GOP or Democratic primary, but not both; Texas has open primaries; once you have participated, then restricted to that party's primaries for remainder of election cycle; declare party on the day of primary voting; do not declare partisanship when registering

In a strong mayor-council system the chief executive is the

mayor.

proposed reforms for judges in Texas

merit selection: committee selects 3-5 nominees, governor appoints, senate confirms; retention election: judge runs for election after one year; voters decide whether incumbent judge should remain in office for another term; judge does not face an opponent, just for removal; reformers hold certain assumption: voters are not informed, judges elected based on party affiliation only

Lieutenant Governor

might be the most powerful office in Texas

A minor criminal offense, usually punishable by a small fine or a short jail sentence, is a(n)

misdemeanor.

History of Governments

monarchy and tyranny, aristocracy, oligarchy, democracy

appropriations

money spent, budget determines both the amount and allocation of funds

Equality

most Americans support idea of responsibility - you get what you work for strong support for equality of opportunity, but much less for outcome

selection of judges in Texas

most are elected in partisan elections (except most municipal judges); appellate judges: 6 year terms; district, county, and Justice of Peace: 4 year terms; vacancy for district and appellate: appointed by Governor with Senate confirmation until next general election - not necessarily end of appointed term; 5 of current 9 members of Texas Supreme Court were originally appointed

A non-school special district includes what?

municipal utility districts, economic development corporations, hospital districts, and fire-prevention

What is required to become a member of the House?

must be a U.S. citizen, a qualified voter, a resident of the state for 2 years, a resident of the district for 1 year, and at least 21 years old

What is required to become a senator of the Texas legislature?

must be a U.S. citizen, a qualified voter, a resident of the state for 5 years, a resident of the district for 1 year, and at least 26 years old

Provincialism

narrow, self-interested worldview associated with rural values and small government

Centralization

national power

Federalist Paper #51

need for constitutional safeguards means one office being able to encroach on another "Ambition must be made to counteract ambition." "If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary." ALL tied to people guard people against oppression by rulers; but also guard one part of people from injustice by another part

Selection of Federal Judges

nominated by the president and confirmed by the senate for lifetime tenure; most nominated based on constitutional interpretation

How many states also have in place a campaign fairness act similar to that of Texas's Campaign Fairness Act?

none; Texas is the only one

Federal money is an important part of the Texas budget, but monies that Texas receives from the federal government come with _____________.

often come with strings attached

States' rights

one of the issues that set off the Civil War "We the States" vs. "We the People"; decision to secede was up to individual state —> the root of States' Rights —> problem still today b/c some view states' rights as allowing immoral practices even though nat'l govt grants a lot of power to states (10th amendment & allows local govt)

closed primary

only registered members of a particular political party can vote; lower turnout and more "partisan" voters; state parties determine which system it will use

Writ of Mandamus

orders directing a lower court or public official to take a particular action

Legislation adopted by municipalities are call

ordinances.

Political Parties

organizations seeking to control government by (1) winning elections and (2) organizing governmental action; they don't work in a top/down, hierarchal sense; the national parties don't govern what the local parties do; some states don't even have democrat and republican parties, they use different names; each State Party is really an independent organization loosely organized at the national level

Why was the Constitution created?

out of fear of disunity

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin; all those born in US were citizens and "citizens of every race and color...[have] full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens; precedes 14th amendment

franchise tax

paid by business organized and operating in Texas

Unitary governments

parliamentary supremacy is ultimate decision-making (no Constitution as Americans understand it) law = constitutional principles

Primaries

party conventions to nominate candidate of each party, few vote, often must be a party member...leads to candidates appealing to party rather than average voter

Fiscal Federalism

pattern of spending, taxing, and providing grants in the federal system cornerstone of national govt's relations with state and local govt grants given to states are part of fiscal federalism

Local government, importance of: Local economic incentives

people & businesses can move to most economical location to start or expand business

A person who files a civil lawsuit against another party is called a...

plaintiff

A person who files a civil lawsuit against another party is called a

plaintiff.

A private group that raises and distributes funds for use in election campaigns is called a(n)

political action committee.

interest groups and permanent campaign

politicians want to remain in office, therefore pay attention to groups most likely to vote and participate

A ________ was a tax charged to voters as a prerequisite for registration.

poll tax

U.S. Constitution

popular sovereignty social contract theory limited government separation of powers

The most persistent social problem facing Texas is...

poverty

The most persistent social problem facing Texas is

poverty.

Under federalism,

power is divided, but a constitution distributes power between a central government and regional governments.

Traditionalistic

pre-industrial values, social hierarchy, and traditional culture Government aims at supporting the status quo Politics is run by an established elite.

Secretary of State

primary responsibility is administration of elections; oversees voter registration process, including voter registration drives with civic and service organizations; attempts to increase voter registration; aids counties in carrying out elections; Secretary of State is highest-ranking official appointed by Governor (with Senate approval) rather than elected by voters (rare in U.S.); not a powerful position itself, but can become platform for other offices

District Courts

primary trial court in Texas (468 in total); but some overlapping jurisdiction with County Courts - e.g. juveniles, civil cases; original jurisdiction - felony criminal matters; districts are defined by legislature (as per Texas Constitution)

Amendment process

proposed by legislature >> approval by 2/3 places amendment on ballot >> approval by majority vote of citizens

Initiative

proposed law (or state constitutional amendment) placed on ballot due to citizen petition

In 1965, Congress created the Medicaid program, a state-federal program, to do what?

provide health care for the poor

Voting Rights Act of 1965

provision 4b: contains coverage formula determining which jurisdictions are subject to pre-clearance based on histories of discrimination in voting; provision 5: pre-clearance; must prove to Attorney General or 3 judge panel of Washington district court that change "neither has the purpose nor will have the effect" of negatively impacting any individual's right to vote based on race or minority status

Liberalism

purpose of government is protection of individual liberty

regressive tax

rate of taxation constant regardless of wealth (sales tax); Texas has 5th most regressive tax system in U.S.; heavy reliance on sales, property, and excise taxes

progressive tax

rate of taxation increases with wealth (federal income tax)

A defining characteristic of federalism is that

rather than being held exclussively or primarily by one body, governing authority is divided at different levels between several bodies.

________ refers to the idea that policy makers have formulated and implemented policy that address the problems in an optimal or efficient manner.

rationality

tea party - libertarian third party

reaction to Obama's policies; conservative party emphasizing need for smaller, less regulatory government; Trump praises Tea Party in 2016; "Drain the swamp" - used in American politics referring to reducing big government, Trump ran on this phrase

In order to limit the power of the federal government, Governor Abbot has

recommended nine amendments to the U.S. Constitution.

Local government, importance of: County functions

record-keeping; social services; Construction and maintenance of roads & bridges; Law enforcement and the county jail; Dispute resolution

Benefits of political parties

recruit and support candidates, assist in fundraising and legal requirements, mobilize and support voters, party label as heuristic (memory device)

En banc

refers to an appellate hearing with all judges participating.

Texas House members differ from Texas Senate members because House members

represent small districts and are subject to more frequent elections.

campaign finance rules for Texas judges

restricts contributions by value and donor; no corporate or labor union donations allowed; donation limit depends on office and district; restricted in amount they can take from law firms and lawyers affiliated with law firms

Civil War Constitution of 1861

results from TX leaving the Union (U.S.); TX pledges to support Confederate Constitution

Appellate Courts

review all civil and criminal cases (except death penalty) from district courts (14 in total); 3-13 judges on each court (80 in total used for 3 judge panels); 2008: overturned 7% of cases heard - 93% of trial court decisions affirmed; All rulings can be appealed to either court of last resort: Texas Court of Criminal Appeals, Texas Supreme Court; Type of case determines which of the two

The Texas Supreme Court and court of criminal appeals have appellate jurisdiction, which means they have the authority to do what?

review the decisions of lower courts to determine whether legal principles and court procedures were followed correctly

Grand jury

reviews evidence to determine whether to charge individual with criminal offense (before trial); 12 citizens selected by a district judge; question jury is being asked: is there enough evidence to go to trial?; check on power of government (specifically, executive branch); *Anti-Federalists (e.g. Brutus) argued at length to have trial by jury established in U.S. Constitution (Art. III Sec. 2); 9 of 12 required to issue an indictment (written statement charging individual with punishable offense)

What is the biggest expenditure of most county commissioners' courts?

roads and bridges

Which is the single largest source of tax revenue for the state of Texas?

sales

In bounded rationality, ________ refers to reaching a decision that is satisfactory rather than optimal to the individual.

satisfice

Shelby County v. Holder (2013)

section 4 of VRA imposes "impermissible burdens" no longer responsive to current conditions in voting districts in question; section 5 becomes irrelevant if there is no formula requiring pre-clearance; Justice Clarence Thomas (concurrence): section 5 is also unconstitutional, the blatant discrimination against certain voters that section 5 was intended to prohibit is no longer evident

War on Poverty

set of programs introduced by President Johnson to fight poverty; Supplemental Security Income (SSI): provides assistance to blind, disabled, elderly; food stamp program (now called Supplemental Nutrition Assistance Program SNAP); Medicaid: healthcare for the impoverished; many others

The chief law-enforcement officer in county governments is the

sheriff

partisan Dealignment

shift among voters from identifying with a party to becoming "independent"; general trend in US for past few decades; most independents however are partisan "leaners" - tend to consistently support Democrats or Republicans regardless of decision to eschew party label

Duverger's Law

single member, plurality electoral system produce two-party systems (third party votes often considered wasted)

Justice of the peace courts handle which kind of disputes?

small claims

Committees

small group of legislators who deal with specific policy areas; where legislation forms and gets its start; committee approval before being considered by House or Senate; most bills die in committee; send bill to unfavorable subcommittee: send to a committee you know is not going to like it, but committee chairs answer to Speaker and Lieutenant Governor; standing, interim, select, conference, calendar, appropriations, ways and means

Types of democracies: direct vs indirect

small number of citizens elected to government (Direct Democracy) vs. greater number of citizens represented over larger sphere of country (Republic/Representative Democracy)

Calendar Committee

special procedural committee that schedules bills for debate; can schedule legislation not favored by Speaker, thus keeping it from being considered; important in part-time legislature such as Texas

Which committee acts as a screening mechanism to filter out bad bills or bills that have little or no political support?

standing

Dual sovereignty

state and federal governments possess sovereignty

Prior to 2003, tuition for public colleges and universities in Texas was set by the

state legislature

Courts that can review matters relating to the disposition of property of deceased persons are referred to as what?

statutory probate courts

Current event: Coronavirus in Texas, State parks reopen Monday in first phase of broader loosening of restrictions

still have to wear a mask and be socially distant, some businesses are allowed to open and sell things to customers to-go, some elective surgeries will be starting

Party Strength

strong leadership (hierarchal), nomination control, ability to punish rank and file or garner support by benefitting members, long duration in office, members toe the party line (do as they're told)

The Permanent School Fund distributes money to school districts across the state based on what two factors?

student attendance and guaranteed bonds issued by local school boards

Following a legislative decision in 2003 to reduce state funding to higher education, which source of university revenue began to increase most rapidly?

student tuition & Fees

Following a legislative decision in 2003 to reduce state funding to higher education, which source of university revenue began to increase most rapidly?

student tuition and fees

In his landmark cases, Chief Justice John Marshall generally

supported the authority of the federal government over that of state governments.

Ideology

system of ideals/principles regarding how government and society should operate (rigid); normally parties as organizations have been relatively non-ideological - political compromise to achieve desired goals of each party

The registrar of voters is normally the county

tax assessor-collector.

Low tax, low service

tax cuts have costs—the reduced revenue often means spending for schools, roads, and other services must be cut

excise tax

tax levied on particular item or set of items; sin tax: tax on items deemed morally questionable (tobacco, alcohol, gambling)

severance tax

tax on natural resources at time extracted

select committee

temporary committee established to address a specific problem

conference committee

temporary committee established to address differences between House- and Senate-passed bills in order to reconcile them, works out partisan disagreements in legislation; (House and Senate each work on different goals: long term vs short term); supposed to change only minor differences between House and Senate versions of a bill

Interim Committee

temporary committee established to study an issue between legislative sessions; important because of part-time legislature

Where do Texas counties have their origins?

the "municipality or ayu," which was the local government unit under Spanish and Mexican rule

What did the court learn in McCulloch v. Maryland?

the "necessary and proper" clause of Article 1 Section 8 provided a source of implied powers for the national government.

Welfare reforms are measured along which two dimensions?

the # of people on welfare & the success of getting people into the workforce

The law of capture, as it pertains to water policy in Texas, essentially means that...

the 1st person to "capture" the water by pumping it out of the ground owns it.

In March 2010, Congress passed ________, substantially altering the nation's health care system.

the Affordable Care Act

According to the Supremacy Clause,

the Constitution and laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state.

In impeachment, where does the trial take place?

the Senate

Which of the following makes the decision to grant parole?

the Texas Board of Pardons and Paroles

Who has responsibility for redistricting the Texas delegation to the U.S. Congress?

the Texas legislature

The Permanent University Fund was established in 1876 with a land grant of 1 million acres. It contributes to the support of

the University of Texas and Texas A & M university systems

The Permanent University Fund was established in 1876 with a land grant of 1 million acres. It contributes to the support of

the University of Texas and Texas A&M university systems.

What is the major difference between campaigns of civil court judges v. criminal court judges?

the amount of money involved is much greater for civil court judicial campaigns.

Speaker of the House

the chief presiding officer of the House of Representatives; the Speaker is the most important party and House leader, and can influence the legislative agenda, the fate of individual pieces of legislation, and members' positions within the House

The single most important issue confronting Texas policy makers with regard to Medicaid is...

the cost

Which court in Texas has automatic jurisdiction over all death penalty cases?

the court of criminal appeals

Scandals about the "steak men," Bo Pilgrim, and Gib Lewis resulted in

the creation of a state ethics commission.

Next to revenue generated by state taxes, the second-largest source of state revenue comes from

the federal government

In the case of Gibbons v. Ogden (1824) the Supreme Court decided that

the federal government's authority to regulate international and interstate commerce bestowed on it some power to regulate intrastate commerce.

Which of the following is a source of often unanticipated costs faced by county governments?

the financial burden of capital murder trials.

Two of the strategies that have been developed by the Texas Water Development Board to meet the long-term needs of Texas include...

the focus on conservation & expanding & developing available surface water.

Which two "larger goals" are primarily focused on?

the fostering of commerce and improving military security

What is the most important role the governor of Texas plays in the judicial process?

the governor has the power to appoint judges to fill any vacancies on the bench for the time period before elections are held.

What is the process for granting clemency in Texas?

the governor must follow the recommendations of the texas board of pardons and paroles

Public policy refers to the

the institution and political process through which public policy choices are made.

The mayor-council form of government is most common in

the largest cities in the U.S. such as Houston, New York, and Minneapolis

What are directory and supervisory powers?

the legislative's power of the executive branch

In Texas, ________ is/are responsible for redistricting.

the legislature

In theory, Texas has a dual-budget system, meaning the budget authority is shared by the governor and the legislature; however, in practice, the primary player(s) in the budget is/are

the legislature.

Under dual federalism,

the national government's role is limited to providing for national defense, foreign policy, and supporting commerce.

The U.S Constitution created a system of government where both the federal and state governments are sovereign. This means that both the federal and state governments derive their power from

the people, through their state constitutions.

voter turnout

the percentage of eligible voters who cast a ballot in an election

What is the Texas governor's greatest judicial power?

the power to appoint judges to vacancies in the courts

What are investigative powers?

the powers exercised by either chambers, or joint chambers, to investigate problems facing the state

What is Judicial powers?

the powers of the 2 chambers to impeach the members of the executive and judicial members of state government

Polarization

the presence of increasingly conflicting and divided viewpoints between the Democratic and Republican Parties

In the case Avery v. Midland County, the U.S. Supreme Court held /Hint its import to counties....

the principle of "one person, one vote" applied to county commissioners' courts.

What was argued in Edgewood v. Kirby?

the property tax based system for funding public education did not provide an efficient system of public free schools throughout the state

The most important social service provided by counties is

the provision of emergency welfare assistance

During the New Deal period, in the Supreme Court a 1942 case (Wickard v. Filburn), it was argued that

the regulatory power of the national government under the interstate commerce clause was so broad that there seemed no boundaries on national power.

Which level of government provides regulations for birth, death, marriage, and divorce?

the state governments

What conflicts have been fought over the proper roles of states versus the national governments?

the states' right to leave the Union, the power of government to regulate business, the implementation of political reforms, and responses to problems of race, poverty, and abortion.

Texas is generally considered to be regressive tax state, which means?

the tax burden consumes a greater percentage of income received by lower-income individuals

In legal challenge to the Affordable Care Act, the Supreme Court ruled that

the tax penalizing people who failed to purchase medical insurance was constitutional.

In legal challenges to the Affordable Care Act, the Supreme Court ruled that...

the tax penalizing people who failed to purchase medical insurance was constitutional.

Texas will never have a personal income tax in the future because

the voters would not approve the measure

Why does it typically cost more money to win a seat on the Texas Supreme Court than a seat on the Texas court of criminal appeals?

there are few interest groups that contribute money to the criminal appeals court candidates' campaign, which keeps down the cost of the election.

Dixiecrats

third party: conservative southern Democrats who opposed integration and the other goals of the African American civil rights movement

La Raza Unida

third party: party representing Latino interests that had brief prevalence in early 1970's, dissatisfied with Democratic party

agencies: senatorial courtesy

this power is limited by senatorial courtesy - allows Senator of the district in which a nominee lives to effectively (not officially) veto appointment; this is a custom or "unwritten norm" - it is not a written law

Motor Voter Law

this was a law to encourage more people to participate in voting. This allowed people to register to vote while they renewed their license. The thought was that most people renew their license and thus it would give them a chance to register at the same time. about 70% of Texans are registered, about 55% of Latinos

What is the purpose of a primary election?

to select a party's candidate for the general election

Why do people not vote?

too many elections; more people vote in national than state and more people vote in state than local

The majority of the cases that justice of the peace judges hear are those regarding...

traffic misdemeanors

1935 Social Security Act

transformed the way which the US handled poverty & implemented welfare policy.

An indictment is also known as a...

true bill

How many votes from who is required to convict an individual of impeachment charges?

two-thirds votes from the Senate

The National Research University Fund was established through a constitutional amendment to provide a source of funding for?

universities seeking to achieve national prominence as research institutions.

If the governor does not like specific provisions of an appropriations bill passed by the legislature, he or she can

use the line-item veto to remove those portions from the rest of the bill.

Confederate Constitution

very similar to U.S. Constitution except it allowed slavery formed "permanent federal govt" in Montgomery, AL (1861) w/ SC, MS, FL, AL, GA, LA, TX southern states view nat'l govt as a confederacy, not federal "We the States" vs. "We the People"; decision to secede was up to individual state

Opinions

view of the role of government and citizens (flexible)

Municipal courts have jurisdiction over...

violations of city ordinances

Municipal courts have jurisdiction over

violations of city ordinances.

Local government, importance of: Single-member districts

voters elect one representative for each district (called a "hybrid")

By granting each state equal representation in the Senate, the U.S. Constitution

was trying to protect states' rights.

judicial elections are low information elections

we don't know much about candidates therefore republican vs democrat

Parties in Texas

weaker than national parties and most state parties

Amendments (13, 14, and 15) to the U.S. Constitution that addressed the freedom and rights of former slaves

were an outcome of the Civil War.

Subsidies

when the government helps to pay for something for people

tax incidence

where (on whom) actual cost of tax falls (e.g. property tax paid by owners but cost passed to renters via rental rate adjustments)

The 1869 Supreme Court case Texas v. White resolved which constitutional issue?

whether states can secede from the United States

In Edgewood ISD v. Kirby, the key constitutional issue was

whether the phrase "an efficient system of free public schools" included school financing.

Jurors determine a guilty verdict in criminal cases

with a unanimous vote.

historical restrictions on franchise in Texas

women: not allowed to vote in Texas until 1920, ratification of 19th amendment; Texas 1st state to ratify; poor: poll tax discouraged participation; small sum but low-income Texans couldn't afford; made illegal by 24th amendment to US constitution; race: Democratic white primaries from 20s-40s in Texas - Democrats dominated the state; Smith vs Allright 1944 ruled unconstitutional - states ruled primaries no longer by private organization (Democrats)

deficit

yearly imbalance where expenditures outpace revenue