Govt Exam 2

describe geography

-All countries and nations share a political culture, with the United States political culture revolving around the central ideas of liberty, equality, and democracy. -Federalism allows for variation across the country as it regards what these central ideas means for proper citizenship and governance. -States can be classified as having Individualistic, Moralistic or Traditionalist political cultures depending upon; the dominant perception of the proper role of government in society, which segments of society are seen as rightful participants in their government, and the bounds of permissible government actions.

describe apathy and alienation

-Apathy towards the system will discourage a person from taking part in any form of participatory politics because they feel they do not have knowledge about the process and/or do not have the will to get involved. -Alienation affects decision making when a person believes their vote will not matter and thus, they refrain from getting involved. -With elections being won by razor-thin margins in our polarized political environment, political parties have increased efforts to contact nonvoters and encourage their participation.

what are the significance of political parties?

-Citizens connect with the government with the help of certain linkage institutions and process, these links are made through political parties, elections, the media and interest groups. -Parties organize around political ideologies that provide varying approaches as to the proper role and scope of government in the social and economic lives of its citizen. -The most dominant ideologies in American politics are Conservative (represented by the Republican Party and referred to as the 'right' ideology), and Liberal (represented by the Democratic Party and referred to as the 'left' ideology). -Through participation, people connect with the government by identifying themselves as Democrats, Republican and so on. This partisan connection is particularly strong during elections.

describe election type and voting laws

-Election type is an important determinant of voter turnout. -When speaking of 'election type', we could be referring to a few different issues, each of which have their own effect on turnout patterns. Such as the level of election, primary or general election, or if the election features national, state or local offices. -Election type can also be defined by whether the election is occurring in a presidential election year or a mid-term year. -Election laws differ from state to state and have a direct impact on turnout rates in states.

describe institutional constraints

-Institutional constraints refers to official systemic methods of decreasing access to polls, collectively know as 'voter suppression' efforts. -The use of poll taxes was one of the more frequent means of voter suppression after the Civil War. -Today the most commonly-used institutional constraint takes the form of voter identification law. -Other institutional constraints include reduce number of polling places, reduce voting hours, and long-term residency requirements.

Why don't people vote?

-Nonvoters are much more likely than voters to believe that electoral participation is not a meaningful way to make a difference, which helps to explain their lack of participation. -Participation comes with costs and benefits

how does a lawmaker know their constituency's political ideologies when deciding certain policy decisions?

-Public opinion polling measures how favorable the public is towards a topic, be it a political movement, a policy, or a certain politician. -Public opinion polling relies on statistical mathematics to attain representative samples of the group being polled. These samples can be drawn from the entire American public, or a smaller population.

describe race, ethnicity and gender

-The first legal restrictions on political participation in American were race and gender based, ensuring that only White males could cast a ballot in elections in early American history. -With the Civil War (1861-1865) and the passage of the 13th, 14th, and 15th amendments to the U.S. Constitution, Southern states soon rebuilt a system of racial apartheid know as Jim Crow that would persists for another century. -With the passing into law of the Voting Rights Act in 1965, the federal government finally proved willing to protect the rights and liberties of African Americans, which also served to extend protection to other marginalized communities. -The passage of the 19th Amendment in 1920, prohibited the United States and state governments from electoral discrimination based on a person's gender.

What is public opinion?

-aggregation of values and attitudes -values; individuals general orientation towards life and politics; beliefs -attitudes; specific views about particular events; opinions

what is participation?

-gives individuals opportunity to engage in self-governance; key idea in american liberty -participatory public is key in american politics and gives strength to the system

describe education and socioeconomic status

-income and educational attainment are two correlates of voting in America. -Some of the costs of voting are reduced with increased education, as citizens are better able to research candidates and policy positions as well as the laws one must follow to participate legally. -Wealthier citizens have more free time to devote to learning about and engaging in electoral politics. -Wealthier citizens tend to be more highly educated, thereby making it difficult to determine whether education or wealth exerts a stronger causal influence on participation.

what are ways to visualize political ideology?

-nolan chart;two-dimensional political ideology spectrum, commonly referred to as the Nolan chart. Its two dimensions are personal liberty and economic liberty, as seen on the bottom of the chart. As indicated by the arrows, as you move up the chart, the amount of individual liberty increases -other representation of ideology have shortcomings with proximity, commonalities, and differences

what is public interest and how is it defined?

-politicians argue their electoral win provides them a mandate from voters; gives right to act in favored policies and publics interests -public opinion polls; attitudes sampled

what is random selection?

-random selection process is an indispensable component of statistical sampling. By randomly choosing people, everybody has an equal chance of being polled. This should make the sample statistically similar the population, and the opinions of the polled sample reflect those of the population. -The larger the sample is, the more similar it will be to the population, and smaller its margin of error will be.

how do political parties effect policies?

-they pursue policies supported by core constituencies -The Republican Party has an older, wealthier, less diverse, more suburban and rural, and more politically conservative core constituency than the Democratic party. -When the Republican Party wins elections, they naturally will pursue and implement policies that promote the interests of their constituent groups, interests that may be at odds with those of the rest of country (the same principle applies when Democrats win elections).

what do modern democracies aim for?

-universal suffrage- all individuals are equally able to participate, not all individuals will participate equally. -Most democracies do not require participation.

how do people participate?

-voting, public hearing, signing petitions, engaging in protests -citizens can directly voice their concerns and take part in public decision making

The responsibility of redistricting lies with...

....the state legislatures. Redistricting commissions decide the boundaries of both congressional and state districts. The U.S. Congress has no direct power in how the lines are drawn. ↳This has become highly politicized as states are not willing to develop an independent bipartisan body to take the task. ↳National-level politicians can influence state co-partisans to their political benefit, getting a favorable district carved out for themselves. Occasionally there is tension between districts which are expedient for a particular legislator, and what is more useful for their political party. ↳ →Most states complete the redistricting process like any other piece of legislation - it is passed by both chambers and then signed into law by the governor. ↳There are 7 states that have taken the power of redistricting away from the legislature and empowered a commission to draw the districts.

A board of commissioners or supervisors act as...

...the central legislative body in a county government. Their duties are typically: ↳development of the county budget and its approval ↳enactment of county ordinances ↳setting of tax rates (in certain states)

what are different ways executive power is split?

1. In one form, the various executives may have overlapping powers, with multiple actors authorized to do the same actions or related actions. One entity may have the power to make a policy choice within a specific topic area, but not be able to implement the policy without help from another executive. This inherently requires compromise and teamwork, but also creates many opportunities for duplication, inefficiency, and conflict. 2. Alternatively, power can be fully independent, in silos of jurisdiction. For e.g., one official may have the power to control everything related to elections, with no other executive having the power to affect election policy - but those election powers may be the only powers that specific executive holds. Cooperation is not as necessary, and there is less risk of direct conflict in policy-making and enforcement. 3. Most states pick a middle way, creating domain-specific secondary executives, but also giving executives enough overlapping power that working together is often required to achieve significant policy changes. For e.g., while the governor is the one general executive, others often have ways to exercise independent power. While the governor lacks total control of specific areas like the state's legal powers or electoral control, the governor is typically not without influence in these areas as well.

what are likely sources of errors for representative samples?

1. The sample is not representative of the population being studied. There could be oversampling, where one particular group is a disproportionately large part of the sample. It could also be that some groups have more nonresponse members who cannot or will not participate in the poll after being randomly selected. 2. The wording of the poll questions are confusing, misleading, or biased. This leads people to provide an answer that does not accurately reflect their belief. 3. There is social desirability bias, and members give poll answer they believe is the most socially acceptable. This is most common for questions on controversial topics, or when one holds unpopular opinions. Even if it anonymous, people do not wished to be judged for their views.

what are the history of political parties?

1787-- there were no parties when the Constitution was drafted- politics was oriented around states and local issues, less attention was paid to national elections. 1828-- A truly national political system with two durable partisan institutions of different ideological standings was fully developed. During the presidential election year, Andrew Jackson was the presidential candidate for the Democratic-Republicans, which eventually became the Democratic Party. The opposition to Jackson's candidacy was formed by the Whig Party, which soon fizzled out of existence as there was an ideological division between the Northern and Southern wings of the party.

history of political parties 2

1854-- Kansas-Nebraska Act passed, some former Whigs, Democrats and others formed the Republican party on an anti-slavery platform gaining national attention with the election of Abraham Lincoln. 1860- With Abraham Lincoln as President, the current two-party system comprising the Democrats and Republican came into prominence.

how do AG's do all this work?

AGs can do all of this because they do not act alone. Within their office, they have numerous assistant AGs and other staff attorneys who do most of the actual legal work - with the AGs serving as administrators and making key decisions of direction and case action. Outside of their office, AGs from different states often work together - they do this on briefs for the Supreme Court and on consumer protection actions - which are often brought by groups of states. State AGs have a national association - the National Association of Attorneys General - which allows AGs to coordinate and issue group statements and make requests of national leaders and public officials.

how do AG powers vary?

AGs specific powers vary from state to state. In some states, AGs have free reign to initiate investigations and take over local prosecutions. In other states they are prohibited from doing so or face significant limitations. In some states, AGs can only take certain actions after being asked to do so by the governor or state legislature. In practice, even with these many powers, AGs spend most of their time on civil, not criminal, cases - such as consumer protection.

The Structure and Design of the State Court System 1

America's federal system has produced separate courts at the federal, state and local levels. This power sharing is the essence of federalism and has allowed for a dual system of judicial power. The federal courts operate under the provisions of Article III of the United States Constitution. Within each state, separate court systems exist under their own state constitutions and charters. Both the state and federal judiciaries decide various civil and criminal cases and adjudicate on matters of public law.

how can political ideology change overtime?

An individual's political ideology is stable across a lifetime. The endogenous influences on a person typically do not change over a lifetime. Different exogenous influences can change a person's political ideology more often, with individual and social experiences altering their attitudes or values. At social level, large scale traumatic events (for example, 9/11 attacks and COVID-19) can affect the role people believe government should play in our lives.

what is another form of lobbying?

Another form of lobbying is the giving of money to politicians to help them in their election campaigns. Campaign contributions are regulated by the states, but there is a great deal of variation in those regulations. In Texas there is no limit on the amount an individual can give to a politician running for a statewide office, but donations from corporations and from unions are prohibited. Other states set different limits. For example Florida sets a limit of $3,000 for individual contributions, corporate contributions, and union contributions. Research shows that lower limits tend to reduce the political polarization of legislators and that stricter limits are associate with more redistribution of money to the poor.

Judicial Selection - 6

Appointment: In appointment systems, political elites - usually the state governor appoints a judge. The states of Virginia and South Carolina still leave this task to their state legislatures. Another common way appointments are made is when a judge leaves office before their term is over - In such a case, the sitting governor appoints a replacement. In many cases, governors pick from a pre-prepared list of qualified candidates. State constitutions may then require confirmation in one or more of the state legislative chambers, usually state senates. By contrast, the appointed judge may be more likely to be part of the political establishment and out of step with what voters want.

Judicial Selection - 5

At first glance, partisanship may seem like an obviously bad idea for judicial elections As impartiality, the hallmark of good judging, is directly contradicted by partisanship. However, judicial elections votes are cast with extremely little information and most voters know almost nothing about the judges they are voting for. Thus, partisanship delivers information to voters that is often correct and useful Political scientists have found that voters are better able to pick judges who match their preferences when given the cues found in a partisan label. Without that label, voters are often choosing seemingly at random. This can lead to odd outcomes, such as non-serious candidates winning because they have common or familiar names.

trial courts 1

At the base of each state court system is a set of trial courts with original jurisdiction that decide cases, usually with a single judge presiding. Original jurisdiction is the power to be the first court to hear a case. Trial courts are considered the primary workhorse of the state judicial structure - and thus the American justice system. Trial Courts hear the original disputes in cases; they make determinations of fact (what happened?) as well as law (what legal consequences are there based on what happened?) Other courts will rely on trial courts to determine what happened.

what are attorney generals?

Attorneys General Attorneys General "AGs", are the chief legal officer of the state. AGs exist in all fifty states, as well as in the District of Columbia and in many of America's non-state territories, such as Puerto Rico. In 43 states, the AG is independently elected. In 7 states, the AG is appointed - In five of those seven states (Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming), the governor appoints. In Tennessee, the state supreme court appoints, in Maine, the state legislature appoints. All elected AGs except the Vermont AG enjoy four-year terms. In Vermont and Maine, AGs serve two-year terms. In Tennessee, the AG serves an eight-year term.

what are business/trade associations?

Business/trade associations are groups of organizations within the same industry that come together due to sharing similar concerns. An examples would be the American Beverage Association, which encompasses Coca-Cola, Red Bull North America, ROCKSTAR, Kraft Foods, etc. Although the corporations in the association compete with each other on market, they share common interest regarding manufacturing and business. They benefit from pooling their resources, speaking with one voice, and can more effectively lobby for tax breaks or eased regulations.

what is the professionalization of a legislator?

By comparison, in many states, being a legislator is a part-time job, with minimal pay and staff. They are only in session for a few months of the year and have restricted powers and abilities. They may have just a handful of staff, with as few as one or even no specialized in legislation. Those with less powerful positions may have very little support in doing their work, relying on senior legislators in leadership roles for guidance and support in how to do the job. This lack of support means that legislators also often rely on the work of outside interest groups, who may offer free support for things that advance the group's goals. Given this imbalance, governors can exert control. They are the institution with the staff and expertise to make complex budget and legislation proposals. They are also the actor that will be around to deal with issues as they arise and the one in charge of responding to them. As a result, they are the state's most important and powerful policy-maker in most cases.

Judicial Selection - 3

Consider former Alabama Chief Justice Roy Moore. As a circuit judge in the 1990s, he demonstrated a disregard for the system of legal authority, as well as potentially unconstitutional practices mixing religion and government. He was elected to the state's supreme court as its Chief Justice in 2000 and his tenure on that court was highly controversial, with ethical violations, leading to his removal in 2003. Despite this, he was able to once again get on the ballot in 2012 and was again elected. He again came under controversy for ethical violations and was suspended from his office. Justice Moore's career illustrates that electoral systems do not always filter out those with weak qualifications and ethical and moral failings. At the same time, his electoral success indicate that he was the kind of judge that the voters in Alabama wanted.

Intermediate Appellate Courts

Deals with hearing appeals that come from trial courts A party who is unsatisfied with the trial court outcome may appeal to the intermediate appellate court asking them to change the ruling. The areas in which the Intermediate Appellate Courts judge cases Focusing on: Did the trial court apply the law correctly? Decisions of fact are rarely overturned. States vary considerably in how thoroughly developed intermediate appellate courts are In some states, there are multiple layers of courts than can hear appeals. Nine states do not have intermediate appeals court at all.

What is a direct democracy?

Direct democracy: empowers the public to vote directly on a law, policy change, budget item, and/or constitutional amendments. In the United States, direct democracy does not occur at the national level. states and localities use the mechanisms of ballot referendum and/or initiative to allow the public to exercise their democratic rights.

what is the basic structure and requiremetns of the office?

Each state has a single chief executive, known as the governor, who is elected in a statewide popular-vote election. 48 of the 50 states utilize four-year terms comparable to the president, while Vermont and New Hampshire use two-year terms. Some states have term limits, in a variety of different formats. For e.g., in Virginia, the governor cannot serve consecutive terms, but can run again after spending one term out of office. Other states have limitations of no more than two consecutive terms, no more than two terms in a sixteen-year period, or no more than two terms in one lifetime. In other states, there are no term limits; for e.g., in New York and Texas, a person can stay in the governor's office for many years. Typically, the governor must be at least 30 years old and have been a state resident for at least five years. In practice, governors are rarely young and usually are at least in their forties when they take office. Residency requirements are meant to guarantee that the person has at least some connection to the state. Residency requirements limit the possibility of people opportunistically moving into a state or district for the sole purpose of winning office

how are AG's elected?

Elected AGs are selected in partisan statewide elections, just like the governor - most happen in Novembers "mid-term elections". Attorney general elections are major operations, with candidates having to win votes across the state. They feature substantial campaign finance and fundraising, media ads of various types, and candidates spend a year or more running in primary and general elections. This potentially raises issues for AGs, who take many actions that directly affect corporations and other organized interests who may have donated to their campaigns. In recent years, several AGs have faced corruption investigations. It is a position that can be easily drawn into conflicts of interest between the large amounts of money necessary to run statewide elections and the very direct role AGs can have in taking actions against business interests.

describe elections

Elections form the backbone of modern democratic governments. For federal office, elections are held in even-numbered years. U.S. House members are elected every two years, the President and the Vice President every four years, and U.S. Senators are elected every six years. States run their election systems independently, some states hold their elections for state representatives/officials in national off- years while other choose to hold their election during presidential election years. Local elections vary but are often held separate from both state and national elections.

Judicial Selection - 4

Elections, as a selection mechanism, come in two varieties: partisan and non-partisan. The simplest way to distinguish between the two is whether a party label is next to the candidate's name on the ballot. Partisan candidates are typically selected in partisan primaries and receive support for their party in the form of campaigning help, campaign finance, and other support services. Non-partisan elections do not feature these labels, and usually do not feature any formal ties with a party, though candidates may still be connected to a partisan network informally.

what are endogenous and exogenous influences?

Endogenous influences are internal to the individual. These influences consist of our personal traits, such as gender, race, economic class. Exogenous influences are external to the individual. These involve socialization, such as parental influence, peer pressure, lived experiences, as well as structural factors, such as broad political, social, economic and environmental conditions.

Judicial Selection - 2

Ethical rules and legal traditions, and in some cases laws, require judges to avoid making the kind of direct promises that are common from other elected officials. Judges instead talk about more abstracted concepts, such as leadership, integrity, family, and patriotism. Some states attempt to lessen these concerns by putting special restrictions on judicial elections, like a prohibition on directly soliciting campaign donations. Elections also raise issues of judge quality. In an electoral system, anyone who meets the minimal qualifications for a judgeship - usually just having bar admission, a small amount of experience, and state residency - can run. This means that good candidates as well as bad ones can make their way to the bench. People with extreme views and ethical red flags can get on the ballot and become judges with exceptional powers if voters choose them.

Courts of Last Resort - 1

Every state has at least one court of last resort which is commonly referred to as a "supreme court." Regarded as the ultimate level of the state judicial hierarchy. In states that lack an intermediate appellate court, the court of last resort is responsible for all appellate law in the state. In states with an intermediate appellate court, the court of last resort typically has a smaller, more discretionary docket of only the most serious and difficult cases. The number of judges on a court of last resort is always odd, as this works best for avoiding ties. 48 states have a single court of last resort, with five to nine judges, often called "justices.".

describe times of crisis

Executives being single individuals empowered to make choices quickly and then enforce them immediately have great advantages during times of crisis and emergency. For examples significant recurring weather-related natural disasters; On the east coast, this is most often hurricanes - The governors of Florida must regularly lead their state's response to hurricanes. On the west coast, wildfires and earthquakes are more likely to cause difficulties. In the center of the country, tornadoes pose sudden, acute devastation. A legislature would likely take much longer to perform these functions, and possibly with less effectiveness. Governors have taken on the role of being the central, visible actor responding to these crises.

what are general elections?

General elections are held between the winners chosen from primary election and caucuses. With the winner of the general becoming the office-holder for the relevant seat. Under the authority of Constitution, in 1845 the U.S. Congress set a uniform national Election Day throughout the country- the Tuesday after the first Monday in November. Each state is authorized to set general election dates for state and local elections, these vary from state to state.

how do governors play a role in staffing state bureacracies and courts?

Governors also serve a significant role in staffing state bureaucracies and courts, including the heads of state departments and state commissions and boards. This gives the governor significant influence to pick the people who will make numerous decisions on policy during the governor's tenure.

what is the professionalization of a governor?

Governors and legislatures have diverged in many states in their levels of institutional development and professionalization. Governors have become powerful professional executives with large staff support and many resources. A governor's office often includes dozens or even hundreds of staff with specialist training in law, budget, policy, and other domains. Being the governor is an around-the-clock job, every day of the year, thus supporting the ability to respond to any possible issue at any moment requires developing support, experience, and expertise around the governor.

how can governors make their own policies?

Governors can make policy on their own through executive orders and other unilateral actions. Executive orders are not equivalent to legislation - they can influence policy, but they cannot create new spending or appropriations, nor override existing statutory laws.

governors cannot....

Governors do not however exercise unconstrained power; A governor's budget power is limited by fiscal considerations that presidents do not face. While the federal government can run massive deficits due to its immense size, states have far more limited borrowing power and often have an explicit legal requirement of "balancing the budget". Essentially, governors are heavily restricted by the need to balance their state budgets. Governors often can call the legislature into session, on an emergency basis, and ask them to pass certain legislation or resolve budget issues. Especially when the governor's party controls the state legislature, they tend to get at least versions of what they want accomplished through the institutional tools at their disposal.

what are the powers of the governor?

Governors have substantial powers in policy-making, legislation, and the state budget. They control and staff the state bureaucracy and appoint many members of the judiciary, and they hold extensive executive powers for responding to disasters and emergencies. Governors have multiple powers and methods of influence, though their specific sets of tools vary from state to state. Compared to the President of the United States, governors have more formal legislative and policy-making powers and are the primary actors in state budget making. This is a radical departure from the federal system, in which the president proposes a budget, which is routinely discarded and does not become a law in anything like its initial form. Governors tend to get more of what they want in budgeting than presidents do at the federal level.

what are conclusions for chapter 6?

Healthy democratic participation is required to bring about a broader representation of interests in community decision-making process. Our governments can do many things to encourage greater democratic participation, particularly as it regards lowering the costs associated with participation. It is worth remembering how often in this country's history the only thing stopping government from limiting the scope of democracy is the voice of people, demanding the protection of their rights.

what is the cost-benefit transaction?

If the benefits of voting outweigh the costs, you are more likely to cast a ballot. If the costs outweigh the benefits, however, you may choose to abstain from voting. This view of voting as a cost-benefit calculation is known as the rational choice theory.

Courts of Last Resort - 2

In Oklahoma and Texas, the highest level of the judiciary is split between criminal and other cases Thereby creating two courts that are each the court of last resort over the cases in their purview. A decision by a state court of last resort is not absolutely final, as cases may still be appealed to the Supreme Court of the United States. However, the Supreme Court takes so few cases each year that a state court of last resort's opinion has the final word on a case in all but the rarest of situations. This makes the justices of courts of last resort very influential as they determine Whether government policies stand. Significant disputes between corporations that impact the economy. Life and death in the criminal law context.

how is the texas executive branch professionalized, budgeting, and veto system?

In Texas, the legislature is minimally professionalized. With limited times in session and minimal resources, while the governor is a powerful actor with a large staff and many resources. Texas affords the legislature more of a role in budgeting than some other states; However, the Texas legislature goes out of session for a long period, leaving the governor in charge of the state response as issues arise in the rest of the year. The Texas veto system is like the federal system. The Governor may veto, but the legislature may override that veto with 2/3 supermajorities in each legislative chamber.

what is a membership group?

In a Membership groups, individual person or entities join voluntarily through the payment of fees, on the basis of shared common interests. The shared interest may be ideological or other. Examples include: Labor unions champion the causes affecting individual workers, and workers' right. National Rifle Association promotes the causes of individual gun owners, the interests of firearm industry, and gun's rights. Sierra Club: promotes the passage and/or strengthening of environmental policies/regulations.

what is the summary of chapter 7?

In an ideal democracy, a well-informed public directs and shapes the policies implemented by a government elected by and for the people but translating these preferences into policy is a complex process. Interest groups are businesses, corporations, governments, associations and individuals which lobby the government to pass beneficial policies. Lobbying is the process by which individuals and groups attempt to influence policymakers directly. Theses exogenous factors combine with our endogenous characteristics to shape public opinion and affect the choices of our governments.

what are non-partisan elections?

In non-partisan elections, the candidates do not hold any partisan label. This type of elections is usually held for municipal and county offices. The only state legislature to entirely conform to non-partisan elections is Nebraska, the State Senate which is unicameral in nature. The lack of partisanship is pointed to by some scholars as a reason why voter turnout is typically low in local elections.

what are some actions of vetos?

In some states, overriding a veto takes only a simple majority vote. This means that a governor's veto amounts to a mark of protest - as the legislature can rerun the initial votes they cast, to pass the bill and override the veto. Some states create totally different veto rules for budget bills compared to all other bills. One power most governors have that has eluded the U.S. president is the line-item veto. This allows the governor to strip individual appropriation items out of bills, rejecting some of the law and keeping others. This power does not exist at the federal level, but 44 American governors have this power. Thereby giving governor's significant influence over state policy.

what are individual institutions?

Individual institutions, which are already organized for other purposes, can be interest groups and advocate for policy goals which aid their other enterprises. They do not have members but rather are subsidiary of governmental entity or corporation whose interests they represents. Example include: Google, Amazon, and the University of Texas at Dallas. These institutions may have in-house lobbyists who are employees of the organization, or they may hire lobbying firms who represent client interests. These individual are required by law to register in order to lobby the government.

what is a initiative?

Initiative: is a ballot measure that originates with public. Essentially, citizens literally author the proposal to be voted upon without involvement of the lawmaking body of the state/city.

what are interest groups?

Interest group are organizations established with the purpose to influence the government, and promote their favored programs or policies. There are interest groups devoted to every possible policy issue imaginable, all competing to shape the policies of local, state, and the federal government

what role do interest groups play in constructing public opinion?

Interest groups play a role in constructing public debates and shaping public opinion. Interest groups provide campaign funding to candidates they believe will be friendliest to their interests, Interest groups, via their organization, pooling of resources, and strength in numbers, can boost the effectiveness of individual interested in a particular legislative cause. People may feel more connected to their social and political communities by being part of interest groups, leading to greater feelings of political efficacy. Interest groups that wield significant power in one state may be ineffectual or nonexistent in another. Aerospace industry interests are powerful in California, while soybean farmer interests are powerful in Iowa.

becoming and remaining judge

Judges are selected differently in state and federal courts. Federal: Presidential-appointed, Senate-confirmed life terms, unless impeached. States: Varies from state to state, usually elected, six-year terms. How a person manages to be a sitting state judge is the result of key questions of institutional design judicial selection (how is someone selected to be a judge?) judicial terms and compensation (Is the judge's term of office limited?) In some states, this is by time, and in others also by age. judicial retention (how does a judge stay on the bench after their first term is done?)

What is the lieutenant governor?

Like the Vice President of the United States, the Lieutenant Governor is often a position of high visibility but with few formal day-to-day powers. The lieutenant governor is essentially to be a ready-made replacement for the governor, should the governor leave office early - this resolves potential problems of succession in cases of crisis. The eligibility requirements to be lieutenant governor are like those to be governor. Some lieutenant governors preside over their state's higher legislative chamber and may sometimes break tie votes. They also perform numerous ceremonial functions and appear at events on behalf of the state, without having any formal means to influence policy.

what is lobbying?

Lobbying is ultimately about 'providing information' to a lawmaker to convince them to push favored legislation. However, a lobbyist could provide untrue information, making trust important to the lobbying relationship. There are ways lobbyists gain the trust of legislators. First, the prior relationships between lobbyists and legislators. Second, repeated interactions between a lobbyist and a legislator. These factors will tend to make a lobbyist more effective.

what are lobbyists?

Lobbyist are individuals who work on behalf of interest groups to pass laws that those groups favor. Lobbyists often have personal connections to lawmakers. They may be a former member or staffer in the legislature. These revolving-door lobbyists move between lobbying activities and service in government.

where are lobbyists most successful?

Lobbyists tend to be more successful in non-professional legislatures because members of hybrid and part time legislatures have fewer resources for creating their own laws, so become more reliant on outside help in crafting policy. Organizations like American Legislative Exchange Council (ALEC) will provide ready-made laws to sympathetic legislators to pass. This mirrors the amicus briefs in the Judicial branch.

what is the structure/organization of the 2 party system?

Majority voting can result in the need for a run-off election to be held when more than two candidates are on ballot. Majority voting discourages multi-party systems due to the simple mathematical fact that with only two candidates, one will always gain a majority. There are other factors, such as the use of single-member districts (SMDs) for the election of representatives, which also favors a two-party system.

specialized courts

Many states build unique courts designed to deal with specific legal issues. These are extreme versions of the trial courts of limited jurisdiction. (e.g.) Cases related to homelessness or interventions by child protective social services, or any other number of situations with unique legal or policy attributes. It is difficult to generalize these courts, as they are created to reflect very specific laws that emerge in each state.

Challenges Facing the State and Local Courts

POLITICIZATION: →An increasing focus on ideological purity in judicial candidates has led to more clearly ideological courts. → →States can have courts of last resort with a clearly dominant ideological and partisan group. → →These judges often take more ideologically extreme positions than is found in the federal courts. → →To combat this many states utilize nonpartisan or bipartisan commissions to select qualified judges. → Sometimes states mandate a certain partisan balance on their courts of last resort to prevent it from becoming dominated by one party or ideology

what is the history of political parties and party machines?

Party machines: strong authoritarian structures were headed by bosses who commanded allegiance in return for various favors, such as government jobs and other forms of patronage. Development of local party machine was lamented by President Jackson. However, with numerous problems, and the Progressive movement gaining steam during the 1890s, initiated reforms that brought an end to the party machine era. These reforms sought to lessen the parties' dominance over the electoral system and the candidate-selection process by prescribing a system of direct primary elections where the public could participate in the nomination process.

what are the 2 most common electoral systems in america?

Plurality voting: also known as a first-past-the -post system, is an electoral system in which a candidate wins an election if they receive the highest number of votes. Majority voting: is an electoral system in which an election is not won until one candidate in an election has received more than 50% of the votes.

what role do primaries play in the election?

Primaries play an important role in nominating candidates for office. Primary elections: are a form of preliminary election which is used to determine the candidate who will represent a political party during the general election. Primary elections aim to narrow down the list of candidates to one candidate per political party There is no uniform date for primary elections, as each state chooses when to hold them before the scheduled general election.

judicial terms and compensation 2

Professionalism and Careerism in the Judiciary Judges are professionals who serve in their positions full time for a considerable professional salary - on average, about $170,000 a year. This salary is high relative to other government workers, but is generally lower than what judges could earn in private practice. Being a state judge is a career, which most judges continue for decades, and generally do not have other jobs.

Challenges Facing the State and Local Courts

RESOURCES: →There is a relentless churn of activity at state courts, which demands a large workforce in the judiciary ↳judges, clerks, staff, security, and all of the unseen workers that handle computer systems, maintenance and sanitation, and all of the features of a modern organization and government office building. ↳ →All of this comes at great expense. ↳Judges, often highly trained lawyers that could be very well compensated in private practice, require significant salaries.

how does the urge to split executives in the states extends all the way to the lieutenant governorship?

Rather than running on a combined ticket, 16 states elect the governor and lieutenant governor separately. This leaves open the possibility that the winners could be strongly opposed to each other - usually evident when the governor and lieutenant governor are from rival parties. For example, in North Carolina, Democratic governor Roy Cooper has had Republican lieutenant governors for his entire time in office. Lieutenant governors have a strong record in running for governor. Their visibility as lieutenant governors gives them the name recognition. While their experience running for office in a statewide election prepares them for running for governor themselves.

What is a referendum?

Referendum: is a ballot measure that originates in a lawmaking body and put to the public for a direct vote for or against the proposal.

what are split executives?

Section 1 of Article II of the United States Constitution begins with: "The executive Power shall be vested in a President of the United States of America." This language is notable for situating executive power in a single office - the president. Most American states reject this system. Rather than replicating the federal power structure, most states today utilize a system of split executives, meaning they divide the executive power into multiple, significant portfolios and insulate executives from encroachment by others. These split executive systems were firmly entrenched between the middle of the 19th century and the middle of the 20th century, as states adopted reforms to create or enhance secondary executives and give them more independent power. Split executive positions were seen as modern insulations against corruption, splitting power from one office-holder to multiple, thus preventing any one person from gaining incredible control over a state's executive apparatus.

what do some interest groups spend significant resources on?

Some interest groups spend significant resources trying to increase membership in their organizations, as those who can boast larger memberships may wield more influence over legislative decisions. An interest group boasting large membership numbers is more impactful (in terms of favorable policies proposed and passed) than the amount of campaign contributions given.

trials courts 2

Some trial courts are courts of general jurisdiction able to hear a wide range of case types, and usually attached to a particular geographic area, such as a county or a city. States often divide trial courts by case severity. It is common for states to divide trial courts by case: limited Jurisdiction These courts do not hear cases outside of their jurisdictional mandate States may have courts specifically related to family law, dealing with divorces and child custody, etc. Trial courts are where we find one of the most important sets of actors in an American courthouse: Juries, however, parties can elect in certain types of cases to allow the judge to make determinations of fact and law in what is known as a bench trial.

The Structure and Design of the State Court System 2

State courts are massive, collectively hearing tens of millions of cases a year (compared to less than a million for the federal system). Federal courts focus on cases featuring "diversity of citizenship" and federal questions. Each year, state dockets include everything from millions of traffic violations to murder trials. State courts control family law and oversee issues related to divorce and child custody. State judges are also the foremost authorities in interpreting state law and state constitutions. It is important to remember that a state court's authority ends at the state's border whereas federal courts overlap state borders and the rulings of the U.S. Supreme Court apply everywhere.

what is the influence of the texas lieutanant governor?

Texas's Lieutenant Governor is often more influential than those in other states. While in most states, the position is largely ceremonial, in Texas the Lieutenant Governor can exercise power in the state Senate and can influence the body through several levers. The lieutenant governor is elected separately from the governor in Texas, and thus can act independently of the governor. In practice, they are often allies and typically co-partisans, however a partisan split between the positions has happened before.

describe the texas executive branch

Texas's utilizes split executives with a Governor, a Lieutenant Governor, an Attorney General, and a Secretary of State. Texas elects governors to four-year terms with no limits on how many terms any one person can serve. Candidates must be at least 30 years old and have lived in Texas for the preceding five years, and must also be U.S. citizens, though that could be through naturalization. The governorship was long dominated by the Democratic Party - every Texas Governor from the end of Reconstruction until the election of 1978 was a Democrat. Republicans have won every gubernatorial election in Texas since 1994. Every Texas governor has been white, and all but two have been men.

describe non participation

The 2018 mid-term and 2020 presidential elections recorded historic levels of voter turnout throughout the country. Yet 118 million (2018) and 80 million (2020) Americans did not participate in these elections. These numbers represent 50% and 33% of the voting eligible population, respectively.

what is the timeline of the texas AG elections?

The Texas Attorney General is also independently elected in partisan statewide elections every four years and is elected at the same time as the governor. Texas AGs have no term limits, enabling them to run for re-election an unlimited number of times. Texas AGs are powerful, independent actors who can take several actions independently of the governor. Governor Greg Abbott previously served as the Texas Attorney General, and Texas Senator John Cornyn also previously served as Texas's AG. The current AG, Ken Paxton - one of the most prominent and well-known AGs in the United States - has been an energetic officeholder who has taken several actions and crafted is own personal reputation as a conservative legal advocate. This fits the normal profile of the AG office as a position of progressive ambition.

how does the structure of the government allow people to participate?

The United States federalist structure of government allows people to participate at the federal, state and/or local levels of the government by; Attending a local school board meeting;Writing a letter to their representative;Casting a vote for their preferred presidential candidate

what are some duties of an attorney general?

The attorney general fulfills several different tasks. First, they are the chief counsel for the state - their office represents the state in important legal cases. They provide the government with legal advice - they also issue opinions on legal questions that resolve debates among officials and give the state legal backing for taking (or not taking) specific actions. State AGs represent the state at the Supreme Court through filing amicus briefs. They represent the state in civil and criminal matters that get appealed to high courts or take on political or popular significance. AGs spend considerable time on consumer protection, investigating fraudulent and abusive business practices and other risks to consumers.

what is progressive ambition?

The attorney general position is important and powerful on its own, but it is also commonly used for progressive ambition - as a steppingstone to higher offices. One of the great political values of becoming AG is that the election is statewide. Those who succeed in AG elections often gain experience and campaigning skills necessary for running for those higher offices - they also prove to donors that they are capable of winning. Many former AGs have gone on to higher office across the country, with several sitting in the United States Senate. For e.g., Catherine Cortez-Masto of Nevada, Vice President Kamala Harris served as the Attorney General of California before being elected to the United States Senate. As state governors (for e.g., Andy Beshear of Kentucky).

what are the effects of the coronavirus?

The coronavirus posed the largest test many governors have ever faced - state legislatures largely took a back seat in this time, with governors taking the lead. But emergencies are not always life-threatening for e.g., one effect of the coronavirus in 2020 was that the election could not be run as originally planned. The rules and details of elections are established well in advance of election day, however, in 2020, election rules had to be changed far closer to election day. In this, State Secretaries of State exercised substantial power and influence, while local election officials made changes of their own and tried to make their elections work despite the pandemic. All told, turnout in November 2020 was the highest it had been in decades, enabling more than 150 million Americans to vote despite the major public health concerns. After the election and without the pandemic situation of the second half of 2020, legislatures reasserted their control over the election process - with many states passing election-reform bills meant to update state statutes to reflect some of the changes made for 2020.

what do election boards that SOS do? what influence do they have?

The election boards that the secretaries of state head make important regulations and determinations, especially in response to emergencies. They can change smaller details of the election administration and can also influence who oversees local election boards and other important electoral institutions. Secretaries of state do not have the ability - or even attempt to - change the results of elections or interfere in their operation. But political science research finds that parties who control election offices such as secretary of state tend to do a little bit better than expected in close elections. Marginally though, having a copartisan in the secretary of state office may be worth a slightly higher chance of winning, as small decisions along the way slightly favor the secretary's copartisans and accumulate into a minor advantage that may become decisive in close elections.

history of political parties 4

The era of executive-centered government which began during President Franklin D. Roosevelt's New Deal weakened party organizations further. This led to a rise in candidate-centered politics that continues to the present day. The role of the media, for example social media has contributed to these recent trends. It enables candidates to appeal to the public directly without the help of parties. It also allows people to 'follow' media sources that share their ideological preferences while shutting out media sources that challenge their partisan narratives.

judicial terms and compensation 1

The federal life term is remarkably simple. So long as a judge is not impeached, they keep their job if they want it. State judges are given terms of office, ranging from six to 14 years. It tends to be that shorter term are associated with election states, while longer terms are associated with appointment states. Judges can seek additional terms and often accumulate several terms in a row. Most states remove the voluntary nature of retirement, enforcing a mandated retirement at a certain age, typically around 70. Opponents of mandatory retirement ages argue that the policies are dated and anachronistic, with many federal judges continuing to perform at high levels well past 70.

what is the margin of error?

The margin of error is how much an estimate may differ from the real value. For opinion polling, this margin of error is how many percentage points the sample could differ from the population. Public opinion polls published in the media typically feature a sample size of around 1,000 and a margin of error between 2-4%.

give the most common primary and the overall types

The most common types of primaries are: Open primary: voters can cast their ballot for any party regardless of their own party affiliation. This creates a problem of "party crashing" where members of rival political parties cross party lines in the hopes of nominating a weak candidate, or to perpetuate the divided support between several contenders. Closed primary: voters must register with the specific party they want to vote for in the primary. Semi-closed primary: unaffiliated voters can vote according to their preference but must affiliate with a specific party before casting their ballot. Top-two primary: candidates for an elected office run against all other candidates on the same ballot, regardless of party affiliation.

what are governors?

The most notable politician in every state is the governor and for many Americans, this may be the only state official they know by name. Governorships have been the steppingstone to presidential candidacies, and - as a consolation - seats in the U.S. Senate. It is a powerful office that allows its holder to show voters their leadership ability, their policy-making skills, as well as their ability to handle a crisis and respond to disasters - things that voters look for when electing a president. Governors of America's largest states become national political figures. Governors are powerful policy-makers who gain visibility because they make important decisions that impact millions of people.

what are secretaries of state?

The position of the Secretary of State is less universal and less powerful than other state executives, in fact three states - Utah, Alaska, and Hawaii - do not have formal Secretaries of State. Their general responsibilities concern managing state records administration and managing elections held in the state - this can be significant - especially when it comes to elections. State secretaries of state are typically elected statewide, but about a quarter of states appoint, either by the governor or the legislature.

how can the split system run into conflict during a crisis?

The split executive system can run into conflict during a crisis, especially when each party controls at least one important office - as party politics are not fully put aside during crises. Sometimes crises emerge through human creation - for example, after the results of the November 2020 election former President Donald Trump alleged widespread voter fraud and demanded the Georgia Secretary of State do something about it. This type of political crisis also put substantial pressure on a state actor, in this case Secretary of State Brad Raffensperger, a Republican. In this case the responsibility did not fall to the governor, the lieutenant governor, or the AG, but instead to the secretary of state - this is an example of the split executive system at work.

The Structure and Design of the State Court System - 3

The structure of State Courts: State courts are massively large, high-volume judicial institutions. State court systems varies widely. State courts (like federal courts come in four general varieties); Trial courts Intermediate appellate courts Courts of last resort Specialized courts Each state has specific courts structures, however, there are no universal naming conventions.

what are the categories of interest groups?

There are categorizations of interest group, based upon their structural qualities: Membership groups Individual institutions Business/trade associations Governments Private individuals

Judicial Selection - 1

There are two broad types of judicial selection methods: elections and appointments At the lower levels, in trials courts, most American state judges are elected. At the higher levels, in appellate courts and courts of last resort, it is more common for judges and justices to be initially appointed by governors and later re-elected. Elections: Judges engage in fundraising and electioneering, just like other politicians. Statewide judicial elections can cost more than a million dollars. Many have argued that money may corrupt the fairness we hope to have in a judicial system. Getting elected means running ads, making statements, and appealing to voters' preferences.

what is the summary of chapter 8?

There is a superficial similarity in most states between the federal executive system and what prevails in most states. In practice, however, state executive branches function very differently than the federal version. Governors have considerably more power than presidents in some areas, but in others, they are weaker. Understanding state executive power requires a close analysis of each state's own institutions and rules. Because of the split executive approach, governors do not exercise executive power totally on their own, and must let other actors, such as AGs and secretaries of state, wield important legal and electoral powers. At the same time, substantial differences in professionalization and resources mean that executive actors often enjoy significant advantages over their counterparts in the legislature or judiciary for impacting state policy.

how are their variations among state legislators?

There is variation as some state legislatures are more developed and institutionalized than others, with greater resources at their disposal. Also, in some states, the governor is from a different party than the dominant party in the legislature. For example, Maryland and Massachusetts each had moderate Republican governors from 2015 to 2022, even though both had Democratic legislative supermajorities. In these cases, the governor comes up against the basic political reality that even with their advantages, there are not enough votes in the legislature to get what they want. Like the president, governors typically enjoy a veto over actions of the legislature, though these can be overridden more easily in many states than in the federal system.

what is the spoiler effect and how do they impact elections?

They are often blamed for disrupting the election outcome- commonly referred to as the spoiler effect - which works by siphoning off votes from the major party candidate closest in ideology to the third party candidate Three barriers that thwart the rise of third parties Winner-take-all Proportional system Ballot access laws Third parties often play an important role in pressuring the two major parties to emphasize issues previously neglected.

what are third parties?

Third parties: minor parties outside of the two major parties (Democrats and Republicans). Third party candidates rarely win over more than a small percentage of the vote share in national elections.

how does the influence of lobbyists on public policy vary by state?

This variation is due to the different professionalization level and resources of the state legislatures. On average: A professional legislator is paid $84,000. Professional legislatures have 1,250 staff members. A hybrid legislator is paid$48,000. Hybrid legislatures have 470 staff members. A part-time legislator is paid $18,000. Part-time legislatures have 160 staff members. Texas has a hybrid legislature.

what is the right to work laws?

Unions combat right-to-work (RTW) laws, which prohibit any requirement that a new employee be forced to join a union or to pay union dues in a unionized workplace. RTW laws make it more difficult for employees to form a union, and have been shown to reduce vote shares for Democratic candidates by about three percentage points. Unions have historically been important to Democrats politically because they provide a large pool of labor that can be used to help Democrats mobilize supporters to go to the polls and vote

what is the voting right act of 1965?

Voting Right Act of 1965 (VRA) was passed by the U.S. Congress and signed into law by President Lyndon B. Johnson.

what is the most common way of participation?

Voting is the most common way of participation in representative democracy, it creates a linkage between the represented and their representative.

what are the powers of the texas SOS?

While the Texas Lieutenant Governor and Secretary of State are perhaps stronger than most of their colleagues in other states, the same is not true of the Texas Secretary of State. The position is appointed, not independently elected. This makes the position inherently less independent and more limited. Texas has a variety of other executive positions as well; though important in the narrow spaces that fall under the jurisdiction of their offices, they however lack the prominence of other roles. Commissioners for land, agriculture, and rail. A comptroller, who governors public finances and revenue collection.

what is a direct democracy?

a government in which people vote to make their own rules and laws

what are private individuals?

commonly known as hobbyists, volunteer or amateur lobbyists, may represent their personal preferences to government.

what plays play the largest role in keeping representatives responsive to the communities that they represent, the underpinning of the democratic system.

elections →The voters have the ability to hire or fire elected officials with elections. ↳The fear of losing their seat in the legislature motivates elected representatives to do their best with respect to the needs and desires of their constituency. In principle, if a legislator no longer represents their district, they will be replaced by a candidate who does a better job representing

how is the process of representation performed?

i.The individual representative's level - the connection between the legislators and the districts that elected them. The legislature as a whole - the advance of the collective needs and interests of the citizenry

what are the most common types of legislatures?

presidential; separation of powers, division of powers relating to policy execution and policy implementation between the legislative and exec branch parliamentary; integration of powers, executive branch members are selected from and are accountable to legislative branch

what are today's democratic norms?

universal suffrage; new value; nation-state values

The Texas Judiciary

→Appealed cases go to a layer of intermediate appellate courts - the Courts of Appeals, divided into 14 circuits that carve up the state geographically. → →Some circuits contain dozens of sparsely populated counties, while others are made up of just a few urban counties. ↳The Dallas-Fort Worth area is split in half, with Dallas and Collin counties in the 5th Circuit ↳Tarrant and Denton counties are in the 2nd Circuit. ↳ →There are at least three, and up to 13, judges per circuit, depending on how many cases each receives. → The average circuit has five judges. Each case is heard by a random panel of three circuit appeals judges

What is gerrymandering?

→At the end of every ten years, the legislative districts need to be redrawn, after the conclusion of the decennial U.S. Census, so that population can be equalized again between the districts within each state. → →District lines are redrawn in a way to maximize the strength of the majority party while weakening the minority party. ↳This process is called gerrymandering where the voters of the minority party are concentrated in a few districts and the voters of the majority party are distributed in such a way that they exist uniformly in as many legislative districts as possible.

How are bills introduced?

→Bills may be introduced in either chamber of the legislature. ↳A single legislator introduces a new bill, other representatives and senators will sign in as co-sponsors, signaling their support to increase the sustainability of the bill though the various legislative committees. → →New bills are introduced to the policy committee of the chamber of origin. ↳The committee chair decides whether a bill merits a hearing or a committee vote. Bills are often amended in committee. ↳Once the vote in the committee becomes favorable, a rules committee decides on the bills to be heard in the chamber. →On the floor, there is a possibility to amend the bills again. If a bill is passed, it is sent over to the other chamber for consideration. → →If the bill gets passed in the second chamber, members from both houses form a conference committee to weigh options to reconcile the two versions of the bill. ↳If the bill is significantly altered, it is sent back to the Senate and the House for the final vote. → →If the final bill is approved in both the houses, it is sent to the Governor for further action.

describe city counsels and town boards

→City councils can implement their own local laws and public policy. →There are three possible forms of executive authority in a city government, which complement the legislative form of city councils: ↳City commission form ↳Mayor-council form ↳Council-manager form. →Town boards have a tradition of following direct democracy and they are most visible in smaller jurisdictions. ↳They offer citizens an opportunity to get directly involved in the election, ordinance enactment process and budget approval matters.

Judicial Decision Making in the States

→Despite their incredible power, judges are still heavily constrained by existing law. ↳If a state law specifies a range of values for a potential fine or jail sentence, the judge's range of potential decisions is restricted. ↳If a law explicitly requires a certain fact to be true to reach a certain legal outcome, the judge will not easily be able to avoid it. ↳ →They are also bound by the precedents from higher courts, as is common in America's precedential legal system. → →As a result, all courts, even the state's courts of last resort, are bound by U.S. Supreme Court precedents. → →And lower state courts are bound by their superior courts within the state's hierarchy.

The Texas Judiciary

→Each position on the Supreme Court and the Court of Appeals is considered a statewide position, with a statewide election. → ↳Given the partisan politics of Texas, this means that all 18 members of Texas's two courts of last resort are Republicans. ↳ →There has not been a Democrat elected to either court in the 21st century. → →In comparison, a system where each seat is attached to a particular geographic area would likely yield courts that better reflect the partisan balance in the state (e.g. in Louisiana). → →However, at the trial and intermediate appellate levels in Texas, where elections are contested in specific geographic areas, Democrats have had more success.

what is the texas HOP composed of?

→Following the 2020 elections, the Texas House of Representatives was composed of 83 Republicans and 67 Democrats. ↳For the state Senate, 16 of the 31 seats were up for election. ↳The Republicans had a majority of 19 seats to the Democrats' 12 seats for legislative sessions of 2021 and 2022. → →Since the Republicans had majority in both chambers of the legislature, as well as control of the Governorship, the Republicans were in control of public policy in the state - it has been this way since 2003.

Challenges Facing the State and Local Courts

→Funding comes from the state government that is constantly in a task of budget balancing. ↳A such it is common for state courts to be underfunded relative to their responsibilities. ↳ →Courts routinely request more resources, but often those demands go unmet. → →As populations increase, the activity levels of the courts only continue to rise, but their ability to handle that volume often does not keep pace. → It encourages the widespread practice of plea bargaining and selective prosecution, which avoid trials but may not promote justice

how does representation also encompass various societal identities like gender, race, and social demographics.

→How a constituency is unique is reflected through the agency of the legislator. ↳For example, black legislators in state legislatures tend to sponsor black interest measures and women's interests are better represented by female legislators. → →While controlling for party membership, female state legislators have found to be more liberal than their male counterparts. ↳The proportion of seats held by women and minorities has been increasing over the past few decades.

judicial retention 2

→If judges are worried about keeping their jobs, they should rationally be concerned with how they retain the position. ↳For example, in Vermont, though the governor may initially appoint judges, the legislature that retains them for additional terms. ↳ →If we are concerned about influences on sitting judges, retention is more important than selection. ↳Judges are deferential to the preferences of those that retain them, especially when the retainers are politicians, like governors and legislatures (Gray 2017, 2019). ↳ →Political scientists also find that retention can shape how judges write and communicate (Romano and Curry 2019).

how have courts shaped the state legislatures to change this?

→In 1962 (Baker v. Carr) and in 1964 (Reynolds v. Sims): ↳The principle of "one person, one vote" be adopted in both houses of the American state legislatures as per the equal protection clause of the 14th Amendment. ↳Membership in the U.S. Congress be constituted around geography as it is a federal system where United States of America came after the creation and existence of individual states. ↳In the case of U.S. states, citizens regardless of their residence in a city/suburb/rural area gets equal representation.

describe the Texas legislature

→In 2019 the Texas Legislature was considering a bill reducing the penalties for possession of less than one ounce of marijuana. ↳The bill passed the House of Representatives, but Lt. Governor Patrick utilized his power in the Senate to make sure the bill would not come to the floor for a vote in that chamber. ↳ →The Lieutenant Governor in Texas has significant legislative power in the upper chamber. → →A reform that is popular with the general public may not be passed into law. →Bicameral legislatures often times have differences in opinion about laws even when the same party is in the majority of both chambers.

what occured in 2021 with the legislative session?

→In 2021, all 11 Republican state Senators in Oregon were absent from a scheduled legislative session. They were upset that the Governor had not addressed their concerns about COVID-19 pandemic management. ↳Without the 11 Senators there was no quorum present senate was unable to conduct any official business. ↳This was a publicity stunt but generated headlines about the grievances that they were expressing. ↳A "disappearing quorum" tactic very rarely results in a long-term victory for the minority party.

what is the system of enacting laws called direct democracy?

→In many states, laws can be made which completely bypass the legislature and legislative process. ↳26 states allow for popular referendums in which the voters are able to vote directly on specific laws. For example if the voters are interested in legalizing marijuana, but the legislature refuses to act on these demands, the law can be put in front of the voters directly and they can decide whether to enact the law or not

How many standing committees are there in Texas senate?

→In the Texas Senate there are 21 standing committees that are divided into different policy areas. ↳For instance, there are committees for Agriculture, Education, Natural Resources, Crime, Taxes, Transportation, and Water issues. ↳For example: If a legislator writes a bill about funding a new light rail line in Houston or Dallas, the bill will be sent to the Transportation Committee to work on. →Each committee will have a handful of state Senators as members. →The committee will have public hearings on the bill to hear why the state government ought to commit its time and resources to the proposed change. ↳Often, these bills are introduced by legislators so that they can claim credit for it back home in their district.

what is the summary for ch 10?

→In the pursuit of judicial sustainability to further enhance the operation of the judicial structure, Judicial Federalism and Judicial Impartiality can bring in the much-needed positive change. → →Although Americans have a concern for efficient, impartial and legally adept court services, judges are sometimes planted in the bench by various narrow interests to have an upper hand in the adjudication process. → →In the presence of excessive politicization, ↳There is erosion of judicial impartiality and independence. → ↳The operation of effective checks and balances between the three branches of the government is also affected.

what is the purpose of local legislative bodies?

→Local governments are below the state governments, between them and the citizenry. The primary function of the counties is to implement various state laws and policies at the local level. →The legislative bodies of general-purpose local governments are: ↳Board of county commissioners ↳City councils ↳Town boards of aldermen and selectmen

define a legislature

→Nations, states and municipalities, or most local governments have an officially elected assembly to perform the act of law-making which is known as a legislature. ↳The longest continuously running legislature in the world is the Althing of Iceland, created in 930 AD by a convention of villages to make laws and rule on important matters.

judicial retention 1

→Once someone is a judge, how do they remain a judge once their term is up? → →In many states, keeping a judgeship comes through a different process than initially getting on the bench. → →One common system is known as the Missouri Plan: ↳A governor selects a judge from a set of pre-screened candidates, that judge serves an abbreviated term, and then faces a special type of election to keep their job for a full six-year term. ↳They then face repeats of that election every six years until retirement. ↳ →In a unique case, in Vermont, governors perform the initial selection, but judges are retained by a vote of the state legislature at the end of each subsequent term.

judicial retention 5

→Opponents of the system note that almost every judge is retained in retention elections. This means there is little oversight and most appointments are effectively life or retirement-age limited terms. ↳For example, in the 2020 election in Colorado, 103 judges from various levels of the state's court system were up for judicial retention elections, and 102 of them were retained. ↳ →There are critical implications to judges retention ↳The length of a term has implications for how judges may do their job. ↳Judges have a number of people whose interests they might keep in mind, some of these groups have direct power of the judge and others do not. ↳A judge may feel some attachment to their original selector(s) - a governor, a legislature, or voters - but that entity lacks the power to directly punish the judge unless they also hold the power over retention. ↳But those with retention can take action against a judge who they disagree with or dislike: they can refuse to grant them a new term in office, effectively firing them.

Are city elections partisan or non partisan?

→Over 75% of municipal (city) elections in America are non-partisan, which is to say there are no party labels on the ballot when voting takes place. ↳Still, if someone is running for city council on a pro-business, low-tax platform, they are likely to be a Republican. ↳And if someone is pledging to provide more housing for lower income residents and more city services, the person is likely to be a Democrat. →Parties are irrelevant when it comes to providing local services like city governments do. ↳Without party labels, elected officials will be more able to find common ground with one another and hash out compromise policies. The downside is that party labels provide quick and easy shortcuts to voters that allow them to make informed voting decisions with very little information

what are the major functions of state legislators?

→Representation →Lawmaking →Balancing the Power of the Executive: ↳making new statutes ↳developing the state government's budget ↳governor impeachment ↳removing members of the executive branch ↳confirming executive appointments brought before legislature and so on

Judicial Decision Making in the States

→State judges also exist in institutional contexts, with a number of constraints imposed on them by the political system. → →Preferences of the entity that retains judges will weigh on their decisions. ↳A judge who needs to be re-elected will understand that making unpopular opinions is costly and will be less likely to do that. ↳ →Judges also face considerable resource limitations - their budgets, compensation, and support are determined by other political actors. → →The judiciary is often constrained from being too confrontational with other political branches. → →The blending of these decisions in any case varies from judge to judge, and judges inherently behave strategically within the legal-political environment.

Judicial Decision Making in the States

→State judges have their own personal preferences, they are bound by laws and precedents, and behave strategically within the institutional environment. ↳As in a case about abortion, a judge is likely to decide in ways that reflect that judge's own beliefs about abortion. ↳ →Conservative judges and Republicans exhibit a pattern of decision-making that differs from the decisions of liberal and Democratic judges. → →This is most evident in appellate law, but also exists at the trial level as well. →

how do state legislators represent their citizens

→State legislators focus on the localized interests of citizens residing in the legislative district that they represent. Four components that constitute the act of representation: ↳communicating with their constituents ↳allocating resources in and to their district ↳representing the constituency's needs in votes and budgets ↳offering individual service to constituents / Constituency Service

what are state legislators controlled by?

→State legislatures are controlled by members of the two major parties in America - the Democrats and Republicans. ↳Blue states are those in which the Democrats control a majority in both chambers ↳Red states are those that the Republicans control both chambers. There is only one state, Minnesota, that has split control - the parties each have a majority of the seats in one chamber of the legislature

give the summary of chapter 9

→State legislatures are the lawmaking and representative centers for state governments in each of the U.S. states. ↳Every state except one, uses a bicameral legislature to represent the citizens of the state. ↳Originally many states used the upper chambers to represent some level of geography, like counties, the Supreme Court ruled that all states must use population to apportion seats in both chambers of the state legislature. ↳Redistricting is one of the most important powers that legislatures have, though in some states that power has been given to commissions. →Some states have a professionalized legislature that meets year-round, while others prefer the amateur style in which legislators only meets for a couple months every year or two. Legislators are the most direct connection between citizens and they state government. The legislature is popularly elected and is intended to represents the myriad of views and opinions across a state.

what are state legislatures based on?

→State legislatures in the U.S. are based on the presidential model. ↳These legislatures are responsible for making laws for different states in terms of general purpose and universal application. ↳The governors of states are responsible for execution of these laws.

The Texas Judiciary

→Texas has 472 District Courts. ↳In less populous areas, District Courts combine several counties. ↳In more populous areas, a single county may have numerous districts. ↳Harris County, for example, has 60 districts, while the four-county Dallas-Fort Worth metroplex collectively features 77 districts. ↳ →Each District Court has a single district judge, and hears more serious cases, such as criminal felonies, and civil litigation worth sizable amounts of money. → →Texas also has more than 1,700 other, smaller trial courts - Municipal Courts and Justice Courts - that handle the large caseload of small civil suits and criminal misdemeanors.

The Texas Judiciary

→Texas has both a Texas Supreme Court and a Texas Court of Criminal Appeals. → →The Texas Court of Criminal Appeals has the final word on criminal cases in Texas, with its decisions only appealable to the Supreme Court of the United States. → →For all non-criminal cases, the Supreme Court of Texas has the final word, save for appeal to the Supreme Court of the United States. → →Each of these courts features nine judges (Court of Criminal Appeals) or justices (Supreme Court).

The Texas Judiciary

→Texas's court system is divided into three levels. → →Texas has 254 lower trial courts - County Courts - created by its constitution, that hear smaller civil cases and misdemeanor criminal cases. → →Each County Court corresponds to a county and hears cases from that county. → →Each County Judge has a position of broad powers in Texas local government, many of which go beyond the normal judicial responsibilities. ↳the County Judge position also has legislative and executive powers in county government. → →The state legislature has also created hundreds more county courts statutorily, with varying rules for which types of cases they can hear.

what happens when the governor gets the bill?

→The Governor can either sign or veto the bill, or it may remain unsigned. → →In case the Governor vetoes the bill, it goes to the legislature where a supermajority ("two-thirds vote"/ "three-fifths" in some states/a few only require a majority) in both the house of the legislature can override the veto → →If the bill is neither vetoed nor signed: ↳The bill becomes law in two-thirds of the states In the remaining third of the states it is known as "pocket veto" and the bill dies

what did the supreme court do for population representation?

→The aforementioned Supreme Court decisions set population as the sole deciding factor for apportioning seats for both chambers of the state legislatures. ↳It required all the state legislatures to redraw their upper chamber legislative district lines based on total population. ↳This ensures that all citizens in a state are equally represented regardless of where they live in the state. ↳At the end of every ten years, the legislative districts need to be redistricted to ensure districts are still representative.

judicial retention 4

→The combination of a gubernatorial appointment from a qualified set of proposed candidates, with the appointed justice facing a retention election, is called the Missouri Plan. ↳This is the single most common system for selection and retention in the United States ↳ →Proponents of the Missouri Plan argue that it balances the relevant interests: ↳Lawyers can only become judges if they are proposed by the nominating commission, which filters out unqualified candidates. ↳Elected political elites - with some knowledge of the people they are picking - choose who gets initially seated on the bench. ↳Voters quickly have the opportunity to reject the judge if they dislike something about their performance. ↳However, the lack of competitive or partisan elections mitigates the corrupting effects of money, partisanship, and electioneering in the election process.

how can legislatures investigate and what are sunset laws?

→The legislature also has the power to investigate and audit agencies. If an program's performance is not to its liking, and shows no improvement, the legislature may ask for it to be suspended. → →Similarly, Sunset laws allows the legislature review and bring in changes for programs with a set end date, or entirely terminate a program by its non-renewal. ↳The process is costly and time-consuming, and it is a rare occurrence that a program gets discontinued.

what does it say about minority versus majority parties?

→The majority party always has more power than the minority. → →The minority party is usually unable to stop the majority party from passing legislation, but at times the minority party can slow things down. → →Rules, like the quorum rule, can empower the minority party to a small degree.

judicial retention 3

→The primary methods of judicial retention in states are appointments and elections. ↳However, while states are reasonably balanced between election and appointment for initial selection, they are skewed heavily toward elections for retention. ↳ →Retention Election: ↳A unique format in which only one name is on the ballot: the judge's. ↳Voters are simply asked whether they wish to retain the judge and given options "yes" and "no." ↳There is no opponent and voters are not told who would fill the seat if they do not retain the judge. ↳If the vote succeeds, the judge gets another term. ↳If the vote fails, usually by not getting a majority for "yes," then the seat becomes open and the governor will appoint a replacement.

give the structure of the legislative system

→The principal lawmaking bodies of the American government are the state legislatures. → →Legislative branches of the states are organized and constituted according to the specific states' constitution. → →The legislature is divided into two houses - a Senate and a House of Representatives in 49 states ↳Nebraska is the only state which has unicameral (one chamber) legislature → →The Senate is called the "upper chamber" and it is usually smaller. → →The House of Representatives is also called the "lower chamber". →Structurally, state legislatures are very similar to the U.S. Congress. → →Specific constitutional term limits are imposed in various states that limit the number of terms for a legislator. ↳Usually senators are elected for a period of four years, but some states elect them for two years. → →States require a legislative electoral district to elect one representative and one senator, except for in eight states. The remaining eight states allow multi-member districts to elect more than one representative in the lower house of the state legislature.

what is a petition? how is it direct democracy?

→The process by which an initiative gets put on the ballot is through a petition. → →A petition, requesting that a specific initiative be put before the voters, must be signed by a significant number of registered voters in the state. ↳For example, in Michigan the requirement is 8 percent of the last gubernatorial election must sign the petition. ↳If 3 million people voted in that election, then in order to get an initiative on the ballot, you need the signatures of 240,000 registered voters.

what is the organizational system in the texas state legislature?

→The state legislature in Texas has a House of Representatives with 150 members and a Senate with just 31 members. ↳In order to become state law, a bill must pass both chambers and be signed by the Governor. → →The Texas legislature meets for 140 days every other year. ↳The legislative session begins in January of odd-numbered years. This is one of the shortest legislative session in the country. ↳ →The legislature may be called into special sessions by the Governor, who is not restricted in terms of the number of sessions called or when they are called. ↳In 2003, Governor Perry called three consecutive special sessions for redistricting. ↳In 2021, Governor Abbot called three special legislative sessions for redistricting, transgender-athlete bans, and federal COVID funds.

how does the state legislature handle writing and passing legislation?

→The state legislature uses a committee system to handle writing and passing legislation. ↳This allows legislators to develop an expertise in a handful of policy areas. ↳Modern public policy is complex and solving even basic problems in society is more difficult than it appears. Over time a legislator can begin to appreciate the complexities and subtleties of a particular policy area.

how does checks and balances work in the legislature?

→The system of checks and balances allows for the system of power sharing between all 3 branches of the government, and the legislature is no different. ↳The legislature exercises legislative oversight, through which it reviews and evaluates certain activities of the executive branch.

what is democracy by property vs democracy by population?

→There has been a tension between of democracy by property vs democracy by population, through the state legislative systems. ↳Historically the bicameral legislature has helped the landowners to have a major say in the government despite their small number in the electorate. Regardless of the size of the population, senators were elected by group of counties/county

what are term limits for state legislators?

→While term limits for the U.S. Congress have been ruled unconstitutional by the Supreme Court, the same is not true for state legislators. Many states have enacted limits to the number of terms that members of the state legislature can serve. ↳It is thought rotation in office avoids "career politicians" and will keep the legislature more in tune with the wishes of the public. ↳There are currently 15 states with term limits for state legislators, all achieved through popular initiatives, in which voters directly enacted the legislation through the ballot. None of the states with term limits have them because the legislature enacted a law themselves. →Most of the states use 8 year limits, though some use 12 or 16 years as well. → →There are five other states that had previously enacted term limits but they were either repealed by the state legislature or overturned by state courts.

what happened in the U.S. Supreme Court case Rucho v. Common Cause (2019)?

→the court decided partisan gerrymandering was non-justiciable by federal courts. ↳This means that the federal courts are unable to create a manageable standard to regulate gerrymandering, so they will not be hearing any cases involving this issue in the future. ↳However, state courts have, and will continue, to litigate partisan gerrymandering claims based on state law and state constitutions.

what are the distinctions between amateur and professionalized legislatures.

↳Texas has an amateur legislature, with a relatively short legislative session. This carries drawbacks, such as a notably higher rate of legislators making an error while casting a vote.

what are the factors that impact participation?

1. geography 2. education and socioeconomic status 3. race, ethnicity, and gender 4. institutional constraints 5. election type and voting laws

what is a union?

A union is a politically important kind of interest group. The National Education Association, a teachers' union with a membership of 3 million individuals, can exert a significant effect on that candidate's election prospects and legislative priorities The United Farm Workers convinced state lawmakers to include farm workers in the first phase of the COVID-19 vaccine rollout.

how can one branch of govt can represent interests of another brances?

The U.S. Department of Energy may lobby Congress for additional funding in the upcoming budget. The City of Dallas may lobby the State of Texas for additional COVID-19 relief funds.

what can governors make appointments to the state judiciary?

In some states, governors also get to make important appointments to the state judiciary. In a few states in the north-east, governors appoint and reappoint key judges. In many other states, governors lack re-appointment power, but governors fill key judicial vacancies, such as when a judge retires or dies.

what is a political ideology?

cohesive set of values as it regards to role of govt; an ism; conservative and liberal; predictor of ones attitudes on policy issues

What is a representative democracy?

Citizens elect others to represent them in government

what do legislative oversight activities include?

→Legislative oversight activities include: ↳enactment of sunset provisions in legislation ↳provision of advice to executive agencies ↳periodic review of administrative rules ↳The legislature also holds the "power of the purse" with which it develops the state budget

The Texas Judiciary

→To be a judge in Texas, a person needs to be admitted to practice law by the state's Bar Association. → →Trial judges must be at least 25 years old and have four years of experience practicing law. → →Appellate judges must be 35 years old and have at least ten years of experience. → →All judges at all three levels are elected in partisan judicial elections held for voters in the geographical area of the court's jurisdiction. → →Parties hold primary elections for the party's spot on the general election ballot and then partisan elections decide who will hold the office. → District and County Judges hold their office for four-year terms, while all appellate judges hold their offices for six-year terms

what are one of the most important powers exercised by the legislators?

→the control of the purse-strings at both the state and the state federal level ↳Agencies are aware that legislatures control the budget, so they are responsive to what the legislature wants.