final pols

judges of TX SC

1 chief justice+ 8 associate justices elected statewide. 3 of 9 sc justices are elected every 2y for 6y terms. SC justice 35 y/o , citizen of the US, a resident of Tx, lawyer/judge of a court of record for 10 y.

Justices of the Peace

Authorized by TX condition, requires county commissioners establish at least one (no more than 8) precincts per country

Development, Relief, and Education for Alien Minors proposal reform

Obama, allow children who entered the country illegally with their parents to get on a path to legal citizenship at age 16 if they have been in the country for five years, have graduated from high school, and have no criminal record.

Any lack of pub accountability by TX admins cant be wholly blamed on poor structural organization/ the lack of consumer- or citizen-oriented agencies.

No amount of reorganization/# of consumer-focused actors can overcome the willingness of an apathetic/indifferent pub to accept bureaucratic errors, inefficiency, excesses, favoritism, or corruption.

school districts

Independent: geo boundaries same as city, still ISD separate from city of houston and county Own jurisdiction to raise property taxes, collect and separate school board Other parts of country: districts gone on strike and mayor angry

largest percentage of foreign-born people come from

Latin America, Asia and Europe

What kind of cases do state and municipal courts handle

Law and order Everyday conflicts Lawsuit from traffic accident Most news of local in state courts

arguments in appellalte

Law may appear to present oral arguments, witnesses and material evidence not presented bc appellate proceedings based on law not fact Reversal no mean convicted indiv is innocent, only that legal process was improper Persona may be tried again and question of double jeopardy not involved bc indiv waives right against double jeopardy by appealing the case

WWI Wilson treaty

League of Nations. help preserve the political independence of its members against aggressor nations. But in 1920, the Senate rejected the treaty and, with it, Wilson's vision of a role for America in the world. compromise nations soveignty.

some agreement on the content of the preliminary regulations, they are submitted to

Office of Information and Regulatory Affairs within the OMB for approval to be published in the Federal Register. OMB must review all regulations before they take effect

Capping awards by juries reform

One popular approach has been to limit the awards juries can issue for noneconomic damages (often called "pain and suffering") Follow CL Cap 250,000$ State constitution needed to be amended for this Voters approved Proposition 12 (championed by Perry) in 2003; subsequently, the state affixed a cap of $250,000 on noneconomic damages In state courts

privatization:

One reform designed to streamline bureaucracy: hiring of private contractors to perform govet services and perform govt functions

1960s Americans concerned about environment. Rachel carson

Silent Spring, provoked an intense debate between large chemical companies and the scientific community and created national concern that gave rise to the environmental movement

weak mayor election

Some city officials elected, others selected by the council,some appointed by mayor. = admin power is decentralized + voters find it difficult to know which officials to hold accountable when problems/mismanagement occur.

district attorney determine whether a person indicted for a crime will be prosecuted.

Some prosecute only if odds are high that a conviction can be secured. improves their "conviction rate,"... can be presented to the voters reelection time Da may take most indicted persons to trial, even if chances for conviction low, but may prove politically costly/make the district attorney appear ineffective.

gov Ann Richards established an ombudsman in her office in 1991

Today, the office of ombudsman exists in many state agencies to aid Texans w complaints/ issues w agency,

Roosevelt envisioned a peace in which an international organization, stronger than the League of Nations, could prevent aggression and meet humanitarian need

UN.

Fed and state attorney gen

US AG Merrick Galand Selected by biden for attorney general Share vision for position you are choosing them for TX AG Ken Paxton Similar job to garland but got job different Elected by state wide election by people

debt ceiling

cap on the amount of money that Congress authorizes the president to borrow to pay the federal government's bills.

Weak gov system (especially in

capital pusnidhmet)

appellate jurisdiciton

cases received from local trial courts

JOP and small claims court

cases worth < $200 are only heard here

gov chief of states, first citizen of TX as serves as symbol of TX=ceremony of office

ceremonial duties: greeting delegations/ groups @ state capitol, appearing @ major sporting events. visiting disaster areas, riding in parades, attending county fairs/ local festivals

sec of state

certify election results and incharge of businesses

The County Attorney handles

civil suits (both as a plaintiff and defendant) for the county. When any division county suid, then they defend county They can file lawsuits on behalf on county If pollution, then can file lawsuit

dependent agency:

classification created by the U.S. Census Bureau for governmental entities closely tied to gen purpose govts but no have much independence as special district government crime control and prevention district, a temporary agency created with voter approval.

Women's rep in judicial posts varies considerably across the diff court levels.

close to parity on the Tx Court of Criminal Appeals and the 14 appeals courts. lower courts more male dominated—overall, a little more than ⅓ (35 percent) of all Tx judges women.

Cities with increasingly diverse, elderly, or young populations may face

competing demands from the pub=hard choices, whenlocal revenue limited.

Unit Road System

concentrates the day-to-day responsibilities for roads in the hands of a professional engineer rather than indivncounty commiss engineer responsible to the commiss court for the efficient /eco construction + maintenance of county roads. The voters may petition an election to establish unit road sys/ commiss may initiate the change themselves.

today responsibilities of TC RR commission

concerned w/ the reg of nat gas utilities, oil and gas pipelines, oil and gas drilling, and pumping activities.reg of waste disposal by the oil/ gas industry and the protection of both surface/ subsurface H2o supplies from oil- or gas-related residues. powers over the petroleum industry historically made the TX RR Commission e most powerful state regulatory bodies in US.

what is the only election we vote on for fed offices

congress and US senate.eople w/o civil service protection appointed

late nineteenth and twentieth century, protectionist trade policies enabled U.S. industries to

consumer market and make huge profits. Businesses reinvested those profits in developing technology and in expanding so that the United States became the major supplier of manufactured goods throughout the world. us competitors in 1980 and eplicated the U.S. policy of exporting their goods

w.o plea bargaining

court delays would be increased by years in many urban areas. efficient, but raises issues concerning equity/justice bc often encourages innocent ppl to plead guilty/allows guilty ppl to escape w/ less punishment than provided for by the law.

Gathering such information is helpful not only in

crafting an agreement that benefits U.S. industries but also in building the necessary support to get the trade agreement ratified by Congress.

Canada Free Trade agreement, followed by the North American Free Trade Agreement (NAFTA),

created a free trade zone of goods and services across the northern and southern borders of the United States, creating jobs nationwide. However, some industries, such as the domestic textile and steel industries, were adversely affected and lost jobs.

critics of non partisan election

dominated by low-visibility special interests w/ much to gain from city contracts+will hire campaign workers + flood media w/ campaign ads.

International trade policy is complex because

e each nation wants to negotiate deals that give its industries the greatest advantages either to sell their goods abroad or to be protected from cheaper imports from foreign nations

council manager system office is

eak, but a high-profile/ charismatic mayor can wield pol influence bc access to publicity=a platform to develop loyal pol following.

Council manager govt Started in the

early 20th century as a way to ensure that government operates as effectively as possible Most larger cities in tx Voters elect a city council and a mayor, who then hire a professional manager

demo v republican gov in econ

Repub presidents : to lower all taxes, s less revenue to the fed govt and decreases federal spending. Demo presidents want to cut taxes for individuals with lower incomes and to raise taxes on wealthier citizens to support federal programs.

Local govt code authorizes coutnoes to establish and maintain

libraries, operate/maintain parks, establish rec and cultural facilities (auditoriums/convention centers), , appoint county historicals commissions, reg sexually oriented businesses.

Long Ballot

many county officials independently elected + operations of county govt decentralized= voters: difficult to monitor many positions involved.

Constitutional rigidity

mass of detailed/ restrictive material TX cont= problems of rigidity and inflexibility. Limits on county govt notmin the const are scattered throughout Local Govt Code + other statutes=collection of legal requirements many apply equally to huge metropolitan counties,(Harris, Dallas, Tarrant, Bexar), and to small rural counties,

Sources+ amount of revenue used to meet city's budget obligation vary among

muni w/ many factors Size of city pop, amount and type of tax city allowed and willing to levy, total assessed value of taxable property, needs of residents

original jurisdiction

n for charges that can result in fines exceeding $500 or involving the possibility of jail (typically Class A and B misdemeanors)

under great society fed housing expanded

nder the Section 8 program to provide payments to housing developers to cover the rental costs of housing for low-income individuals, who typically must pay a minimum of $25 or 30 percent of their income toward rent under the program

What purpose do lawsuits serve

provide a forum in which private and public entities may settle disputes in a civil manner Ideally, they also promote safety in society Prevent more accidents from occuring in the first place

Econ interest groups fifth: most important,

provide the mortar that builds/ holds together this 5pointed coalition of legs, presiding officers, gov, administrators, and clientele interests.

other things the ACA did

provided for increased reg of the medical services covered by private health insurance companies, mandated that individs carry health insurance, required that young adults under 26 able to stay on a parent's insurance policy, banned the denial of health insurance/an increase in premiums based on a preexisting condition

Bureau use admin review and rules and regs they write to implement

pub policy called administrative law Deines meaning of law and determines effect on special interests and pub Small number of laws undergo judicial reviews while all laws go under admin

filing lawsuit starts with

qomplaint filed in court (filing fee is at least $287 in the Texas District Court) Who you are suing, what for, and why, when , what money trying to collect Filed w/ district clerk, person who maintains all records for TX district court Can be online through attorney w/ fee Sometimes plaintiff can sue more than one person Filing fee goes up

A venire,(jury panel,)

randomly selected from among those individuals who are registered to vote, have a Tx driver's license, or Tx id card. literate citizens 18 years of age, qualified to vote, not indicted or convicted for theft/felony.

Consolidation/reorgof tX admin is necessary for an

rderly, modern exec branch. If TX reorg pub admin along the lines of fed model, the gov would need a similar exec office. This exec staff, although largely out of the public eye, would nevertheless be accountable to the gov.

Argued bc judges, especially @ appellate level, make significant policy decisions=

reasonable for voters to select judges on basis of pol party affiliation. Party affiliation provide accurate info for gen ideology+ decision-making pattern of judges. even if this is true, voting based solely on a judicial candidate's pol party can lead to controversial results

wenty-first century has ushered in new weaponry and new levels of violence committed by nations and nonstate actors,

terrorist groups who take up violence against civilians as a means of attacking the United States and other Western nations.

lawyers maintain jury selection more significant

than argument of a case. law firms hire jury/ trial consulting companies to assist in the selection process. Psychological profiles of ideal jurors used to try to avoid jurors who might be unfavorable/ identify those who might be supportive. . Many trial law firm/prosecutors maintain a file on jurors from completed cases to help select/avoid prospective jurors based on past

Special districts called hidden govts bc

the actions of district officials/ employees less visible than if a county/city provided the services. special district elections held at times/ places other than those for gen elections, voter turnout is quite low.

When the federal government proposes a policy change in an issue area, whether independently or as a response to a new law passed by Congress,

the agency with jurisdiction in that issue area issues regulations to guide implementation.

¡Local governments must also follow

ederal and state laws and standards; they also frequently coordinate with state and federal governments Like education Hurricane: local govt curfews or evacuations State nad fed gov can be called in for help

Obama race to top

education, whereby states that implement education reforms, such as increasing the number of charter schools, receive more federal aid. increasing federal involvement in education

Law may remain on books indefinitely,

effect is diminished w/ lax/ selective enforcement Admin establish pub policies that not only affect lives of gen pub but also modify decisions of states elected policy makers

(support single):

effective neighborhood rep reflects interests of the city neighborhoods where minorities live have chance to elect some members to the city council when a district sys used.

appointment of ombudsmen at every level of govt would provide increased access to

the bureau regarding real/magined admin injustices. admin error, injustice, or oversight could be rectified, allowing individ citizens to have a more + attitude toward govt.

director of the commission granted xtensive admin/ policy-making authority over

the deps The power within the commission clearly rests with the director, who reports directly to the gov 78th Leg created this structure in 2003=gov direct admin control + created one of the few cabinet-style organizations in TX govt

Reformers recommend short ballot:

the listing of only a few indep elected offices on an election ballot. simplified structure w single county exec allow voters to hold one high-profile officer accountable for the admin of county programs. chief county exec could coordinate county programs, engage in long-range planning, eliminate duplication among various county offices.

IMF also works with nations to try to reduce their

government debt by renegotiating loans or by providing loans on better terms

Most important concerns of gov staff are

pol appointments Each year job makes 100 appointments to boards, commission and agencies Executive fills newly created judicial offices

elective boards

Railroad Commission and the Texas State Board of Education.

Housekeeping functions

(fire protection, nat resources, police protection) + development functions (airports, H2O, highways) tend to receive more revenue in areas where sd more prevalent.

One possibility could be more transparency.

A basic concept ofdemo govt is that policy made in the name of the pub should be made in the full view of the pub.

Governors appear at numerous events (ribbon-cuttings, county fairs, graduations, etc.)

Active appearing around the state Here: Groundbreaking for a home built on behalf of a wounded veteran

councils of governments (COGs).

Advisory bodies consisting of reps of various local govts brought together forregional planning/ coop:

election of SC

All 9 elected and 6 yr terms When you pass bar in law school they swear you in

hierarchies,

All bureas are formally characterized. (structures where several employees report to a higher admin who reports to higher authorities until all report to the single indiv with ultimate authority) formal authority/directives flow down through the chain of command to lower levels + info filters up through channels to the top from lower-level employees in the field framework of rigid rules s formally assigns authority to various levels and defines the relationship btw those indiv bureaucrats who are of nearly equal rank.

staff evaluations

of potential appoitnees necessary bc gov may not personally know them.

Not all state responses to unauthorized immigration have been punitive

CL, TX, NM adopted policies that allow unauthorized immigrants to receive private and public aid to attend state colleges and universities. sanctuary cities and would not actively cooperate with federal authorities to seek out and deport undocumented residents.

Houston Municipal Courts

Day to Day crimes

council manager gov function

Day to day Reports to city council Experience in practical business Bc of this they are run really well Higher and fire department heads More insulated from voters... if no like replace council and mayor

reformers advocate consolidation of small sd.

Deal w/ problems+fiscal challenges that transcend city/county boundaries, urge gp govts to negotiate inter-local agreements to meet the needs of their respective communities. the need for sd can be reduced by transferring their functions to general purpose governments

City governments in Texas with over 5,000 people have home rule, which largely lets them do what they want

Each city has own consutituion (charter) and sets up how city gov supposed to work TX has many different cities that can be different from eahc other Country govt decentralized

Immigration Reform and Control Act,

Reagan. act granted amnesty, or forgiveness, to almost 2.8 million individuals who had entered the country without authorization and wished to stay as legal residents. did not stem the flow of unauthorized immigrants to the United States

important difference btw these two cases os

burden of proof(duty that party has to prove position in court

most imp piece of leg enacted in a leg session

appropriations bill.

When the Federal Reserve increases reserve requirements

banks have less money to lend, and the money supply decreases. This action tends to raise interest rates

two acts that provide a significant amount of power to the federal government to regulate pollution in our air and water.

clean air and water

single-member council district:

each council member elected from a particular geo district by only voters who live in that district.

Even under a cabinet system,gov problems

imposing accountability on agencies that have allies among powerful interest groups/ legs.

Washington's Farewell Address in 1796 acknowledged the importance of

international commerce to the new nation, and the Framers knew that trade with foreign nations was integral to its economic success and stability.

president takes the lead in negotiating

international trade agreements, either bilaterally (with one other country) or multilaterally through the office of the U.S. Trade Representative created by JFK

(trial):petit jury.

jury for a criminal/ civil trial.

fed register

official record of all executive branch rules, regulations, and orders.

TX Ag finance authority

provides grants and low-interest loans to businesses that produce, process, market, and export TX ag products.

Cities powerful motivation to annex outlying areas to add to tax base, but

reluctant to annex low-income, service-deprived areas. despite the availability of state assistance, slow to annex many of the colonias:

open meeting laws

require meetings of govt bodies at all levels be open to the gen pub except when personnel, land acquisition, or litigation matters are being discussed.

charter

the organizing doc for a municipality

Legs, admins, gov, and the presiding officers rely to varying degrees on the support of

their interest group friends for campaign contributions, supplemental income, pol advancement, financial advice and opportunity, and after-office employment and retirement income.

members of these commissions usually appointed by gov

their terms are staggered= several years b4 the gov's appointees constitute majority of a board/commission.

Tort reform

"changing the legal rules regarding compensation for damages done by one party to another" (from an older political science textbook) Make harder to lawsuit and collect damage This issue has received much publicity in recent years; indeed, the substantial increases in the growth of TX court dockets is largely because of lawsuits

Defenders traditionally referred to justice courts as

"people's courts" and maintain that elimination of the justice courts would remove the local control many treasure. eliminate them puts judicial power in the hands of professionals/ignore the amateur status of these justices who make decisions by relying on common sense.

Commissioners called

"road commissioners" bc responsible for the county roads/bridges in precincts except in counties that have hired a road engineer. Each has certain amount $ and almost total authority to determine how pent on roads and bridges. Residents of rural areas consider building/maintaining roads to be primary responsibility.

litigious

Means prone to lawsuits

mayor council system, (Houston)

a mayor and city council, includes strong mayor and weak mayor variations.

Jury selection may last

days or weeks, sometimes even longer than the trial itself.

clean air act 1970

eated the Environmental Protection Agency (EPA) to implement the Act

cases that receive a great deal of publicity, a special venire

may consist of several hundred persons.

local trial courts

municipal and JOP

Manhattan Project and the first explosions of the atomic bomb,

nuclear power

Probate matter

nvolves wills, inheritances, etc.)

when coalitions of leg and lobbyists request a special session so that a "critical issue" can be brought before the leg, other coalitions of legs/ interests

oppose consideration of the issue and, therefore, oppose calling the special session. Calling a special session create a dilemma for the gove, bec groups whose priority leg was not passed during the reg session can feel slighted if their issue is not among the topics placed on the special session agenda by the gov

economy crisis and fiscal

president may support a policy of increasing the money supply to ward off a recession.

Gubernatorial powers over the leg

special session, vetoes

policy that protects against foreign imported goods more than it promotes exports

protectionist,

third step

se stakeholders attempt policy formulation that will solve the problem

exec of gov of TX

budget(mostly formality and dosent mean anything), exec orders, appoitiev and removal powers

SBOE controvery

deals w sensitive cultural issues in determining policy for kg- 12th grade pub edu

reformers advocate a TX admin patterned after the cabinet system of the fedgovt,

( chief exec power to appoint and remove top admins) entail a reorg and consolidation of the exec branch into larger subject-matter departs, w/ gov being given the power to appoint/ remove top admins and to control the budget.

Gove appoint task forces

("blue-ribbon commissions,") consisting of influential citizens, politicians, +members of concerned special interest groups.

complexities of 21st cent society+ increased demands of govt at all levels=dramatic increase in the

# of ppl employed by pub agencies. Large bur have target of some scorn from those who have simply lost confidence in govt; some special interest groups,criticize publ employees as a means of discrediting specific govt programs. There is a legitimate concern that govt agencies need to be made more efficient/ accountable to the public.

Revenues depend on how much aid

$ available form state and ant govt Some cities and counties use aggressive lobbying efforts to protect intergov revenue

bc the TX leg seldom in session, permanent leg institutions

(LBB and the Leg Council) given task of overseeing the admin. These institutions lack the visibility necessary for effective operation in the public interest.

CCA exclusive jurisdiction over

(TX number 1) automatic appeals in death penalty cases. U.S.SC restored use of capital punishment in 1976, Texas executed more ppl than other state. Appeals for death penalty goes straight here rather than intermediaty courts= time to death from court case is shorter than for other states

strong mayor:

(chosen in a citywide election) is chief exec and leader of the city council. mayor makes appointments, prepares the budget, responsible for the management of city govt. sets council agenda, proposes policy, and in some cities may veto council actions

no Tx city approaches limits, property taxes have been controversial

(cities have taken measures to limit increase), Tx cities, towns, counties, community college districts may freeze property taxes for disabled/ elderly. freeze is in place, governing body cant repeal it. cities, counties + hospital districts, call election to lower property taxes by raising sales and use taxes.

Another ex of an appointed board that has become quite powerful

). operates under 3 commissioners who are appointed by gov for 6y overlapping terms. primary env regulator for the state, overseeing cleanups, permitting industrial plants, and writing rules to govern most aspects of the TX env including regulate waste disposal + enforce air-quality and drinking-water standards.

fourth step

, policy enactment, the legislative branch passes a law that enacts one or more of those proposals

most cities adopted __ % sales tax

1. in populous counties collect an additional sales tax up to 1 percent for econ development projects. Mass transit authorities + special districts collect sales taxes, but total local sales taxes capped at 2 %.

Courts of appeals

14 courts of appeals(2 in Houston...1 and 14) hear immediate appeals in civil/criminal cases from district/county courts in the area. small % trial court cases are appealed 2017, the courts of appeals disposed of 10,647 cases, appeals courts reversed the decision of trial court for 6% of those . No involvement by the general public

how many states set up their own health insurance exchanges

14, federal government established exchanges in the remaining thirty-six states.

Lower trial courts

3 diff lower courts in TX Streamline courts w/ original jurisdiction Complicated in larger cities

(clemency powers. )

1876 Const grant gov virtually unlimited power to pardon, parole, grant reprieves to convicted criminals. (commuting a sentence to life in prison) may be issued only upon the recommendation of the TX Board of Pardons and Paroles Taken of death row but in prison

when was ss created

1935 as part of the set of policy programs known as the New Deal. New Deal: establishing a set of programs that would guarantee payment to an individual if he or she met certain criteria (entitlement)

Nuclear Non-Proliferation Treaty

1970 was designed to discourage nations from developing nuclear weapons technology; currently, 191 nations are signatories.67 The key element of this treaty is the use of the International Atomic Energy Agency (IAEA)

Edgewood v Kirby

1989, the court unanimously declared, in Edgewood v. Kirby, that the wide disparities btw rich/poor school districts unacceptable=ordered changes in the financing of Texas's pub schools

Most municipal court judges are appointed for

2 yr terms but serve at the pleasure of the gov bodies that have selected them Salaries paid entirely by cities and vary widely Statutes authorize them, some cities have established more than one municipal court or more than one judge of each court

future of execution

2000-2015 avg 21 ppl were executed each year. past 3 y the avg # of executions dropped to less than 10. The decline attributed to rising concerns about the possibility of innocent people being execute/less enthusiasm among district attorneys in the state's most populous counties for pursuing the death penalty.

TX Bond Review Board ex of an ex officio board.

4 ex officio members: gov, lieut gov, speaker, comptroller of pub accounts. reviews/approves all bonds and other long-term debt of state agencies/ universities. engages in various other functions pertaining to state/local long-term debt.

how many gen trial courts

469 in Tx, all function as single-judge courts. Each judge, elected for a 4y term by voters in their district, 25 yo, resident of the district 2y, a citizen US , licensed practicing lawyer/ judge for combined4 y.

4 county commiss elected,

4y terms elected in single-member districts/ precincts in Texas. U.S.SC ruled:c ommissioner precincts must be roughly = in pop based on the one-person, one-vote principle.

County govt = several indep officials elected for

4y terms in partisan gen election at the same time state officials elected.

Commissioner of Agriculture

4yr no term limit oversees the TX Dep of Ag(TDA). created by statute in 1907 and is responsible for the admin of all laws and research, educational, and regulatory activities relating to ag. admins the Tx Ag Finance Authority:

Commissioner of the General Land Office

4yr term no limits Principal duties: managing/collecting income from rentals and leases for state-owned lands; awarding oil, gas,hard-mineral leases for exploration/ production on state lands; leasing mineral interests in the state's riverbeds and tidelands, including bays, inlets, and offshore areas

election of lieut gov

4yr term, no limit on terms that may be served. part of the executive branch, but most power comes from serving as the powerful pres of the TX Senate.

comptroller of pub accounts

4yr term,no term limits . The functions of the comptroller's office encompass directly/ indirectly almost all financial activities of state govt.

County courts, jop courts,municipal courts have

6-person juries, whereas 12 ppl on juries @ district court level.

Municipalities

: cities affect our daily lives. State is unitary gov to local gov. Texas increasing amount of municipalities. cities classified as general law or home rule cities.

at-large place sys

: each candidate runs citywide for specific seat on council + voters cast 1 vote for each seat/ place.

Initiative:

: local citizens, by obtaining the signatures of a designated % of registered voters, can force a city council to place a proposed ordinance on ballot. If proposal passes by majority vote, it becomes law. Tx cities have used it to resolve issues by pop vote: (increase min wage, cap on property tax)

Supporters at-large elections

: promote the pub interest bc council members must take a citywide view of problems.ouncil members elected from districts focused own district rather than the interests of community claim the election of individs outlook limited to own district = dif for council to build consensus about future of the city.

merit system

:bases employment /promotion on specific qualifications /performance, prohibit termination of employment except for proven cause,= system offers job security,(should attract qualified personnel.)

defenders of long ballot

:current system provides for the direct election of pub officials = govt remains responsive to the needs/demands of the voters concentrating too much power in a single chief exec invites abuse and threatens personal liberty.

JOP concurrent jurisdiction with county and district courts for cases involving

< $10,000Issue search & arrest warrants, evictions, hear cases outside city limits

major TX municipalities broad powers to develop plans to annex adjacent areas

=to as much as 10 % of existing area / y (provide essential services on time).

The fed govtimposed many such mandates as a condition for state/ local govts to receive grants-in-aid.

Americans with Disabilities Act, the National Voter Registration Act (Motor Voter Act), and the No Child Left Behind Act. the state has imposed mandates on school districts, counties, and cities.

adjutant general

Appointed by the gov w consent of senate for a 2-year term, state's top-ranking mil officer+ exercises admin jurisdiction over the TNG and TSG

Secretary of State

Appointed by the gov, w/ confirmation by senate, the secretary of state serves at the pleasure of the gov keeper of the Seal of the State and serves as chief election officer for Tx, administers Tx's election laws, assists local election officials, and receives state election results.

appointees often reps of groups that have an econ interest in the rules and policies of the board.

Appointments may bereward for pol support or attempt to balance competing interest groups whose econ well-being affected by board rules/policies.

President's cabinet

Appoints members of the Cabinet (subject to Senate approval) Appoints heads of major bureaucracies Senate confirm

veto threat used to influence bureaucrats

Bureau active in the leg process, often seeking increased funding for favorite programs and projects / seeking authorization to admin new programs. Bc of this, the gov may be able to influence the admin of existing programs by threatening to w/hold funds/ veto bills actively supported by an agency. The agency's leg liaison personnel (its lobbyists) encouraged to support the gov's leg program in exchange for support (or neutrality) with respect to agency-supported bills.

House Bill 308

CT relating to a school district's recognition of and education regarding traditional winter celebrations Governor Perry signed this act on June 13, 2013: ¡Makes it OK for schoolchildren, faculty, etc. to "use traditional holiday greetings, and display religious scenes and symbols, even on school property" (Gov. Perry's prepared remarks) ¡Kountze High School cheerleaders among those present at the bill signing ceremony

2009, USSC:q of judicial bias where litigants significantly influenced the election of judges hearing their cases.

Caperton v. A. T. Massey Coal Co., Inc.,: USSC held that the chairman of A. T. Massey Coal created such a q by donating $3 million to finance successful election of new justice to SCA of W Virginia. conflict of interest bc Massey had $50 million civil suit appeal pending b4 the court: later decided in Massey's favor,, w new justice voting w majority. USSC majority reversed/ remanded the case: "serious risk of actual bias . . . when a person with a personal stake in a particular case had a significant/ disproportionate influence in placing the judge on the case."

Types of court cases

Civil: lawsuit Criminal: crime committed Tx has more courts that handle both, while some manage one Mostly in urban areas for separate

reaction tp AL law doing same as AZ plus required local schools to report on the number of students enrolled who were unauthorized immigrants and prohibited any business in Alabama from doing business with unauthorized immigrants

Community groups, immigrant advocates, and businesses all complained that it was too strict and was hurting the Alabama economy because unauthorized immigrants were too frightened to leave their homes. same result case as in AZ

layers in domestic policy

Congress and the president enact laws, --> implemented by the executive branch through the regulatory process. same time, state and local governments are also helping to implement federal policies, as well as put in place policies that fall under their own set of powers

. In most cases, the origins of an implemented policy start with

Congress when it passes a law and the president approves it. other cases, the president can use his executive regulatory power to effect change without a new congressional law, or Congress can decide to change funding allocations for specific programs in order to slow down or prevent their implementation

County commissioner's court

County Judge (not to be confused with courts of law): Lina Hidalgo is the Harris County Judge; as such, she serves as the county's "CEO" Elected on wide basis During the spring of 2020 (the pandemic's earliest days), Hidalgo signed the county's Stay Home Work Safe Order Country judge in charge of emergency management COVID and winter storm She had power to shut down harris county by gov took away many of these powers Presides over county commissioners court Emmet responded to Harvey

criminal cases decided by the 14 courts of appeals do not advance further, some heard by the

Court of Criminal Appeals, Elected like supreme court

qualifications/competence of JOP = controversial.

Critics argued they often unprofessional, incompetent, biased. jurisdiction of JOP functions should be professionalized and jurisdiction in underpop rural areas should be consolidated.

departments over immigration polocy

Department of Homeland Security, the Department of Justice, and the Department of State

he legal immigration process is jointly administered by

Department of State and the U.S. Citizenship and Immigration Services... part of homeland security. come to the United States apply for visas, which are granted by the Department of State; once they arrive, their journey toward citizenship is overseen by USCIS.

abbott and facemask

Executive Order GA-29 imposed the mask mandate, effective July 3, 2020 On March 2, 2021, Governor Abbott issued GA-34, which controversially rescinded the earlier executive order Note items 4 and 8 in GA-34 A business that wants to require people to wear mask can still do it 8 was the repeal overall

Local pol culture= expectation about appropriate standard of service and tolerbareblt level of tax

External force: econ, close mil base, downsize industries, mandates and nat disatater influence

president is limited in his or her power to directly influence the nation's economic conditions because monetary policy is under the control of the

Federal Reserve Board, an independent agency that serves as the nation's central bank, increasing or decreasing the money supply by changing the reserve requirements—the amount of cash reserves that banks must keep on hand. To control the flow of money in the economy, Congress created the Federal Reserve in 1913 as a system of twelve regional banks in one national banking system.

user fees.

Fees paid by the individs who receive a particular govt service

city commission and galveston

Galveston used to be pop Category 4 hurricane Before spindletop Cotton exported out of Galveston to other places of world and country Port of galveston destroyed= destroyed econ of tx Needed to rebuild and seawall To rebuild quickly: elected commissions instead of mayors who took care of diff areas of the city Police, fire Seen as a success Used successfully to rebuild the city but then abandoned due to instances of corruption and incompetence Now council manager

election of RR comision

Gov fills vacancies on the board, appointees serve until the next gen election, may win election to the board in their own right. politically partisan and members must win party's nomination before being elected. chair position rotated each member becomes chair during the last 2y of his term. Forces candidate who is challenging an incumbent commissioner to run against the chair of the commission.

Med malpractice lawsuits

Harmful consequences of these lawsuits Won't get quality of doctors as they have today More about money than medicine People no have insurance or could not afford= income went down Work more hours Defensive medicine= from rear and doubt Ordering tests you do not need Fear of being sued= turning people away from profession or go into fields that are less risky

president may support a decrease in the money supply to ward off or reduce the extent of inflation

Higher wages will lead to even larger increases in prices, setting off inflation. In this case, the president may support a decrease in the money supply to ward off or reduce the extent of inflation

Cold War

Hopes for a peaceful world were shortly shattered, however, as rivalry between the United States with its Western democratic allies and the Soviet Union and Eastern European states

Harris County District Court

Houston has two (criminal, civil)

Environmental regulation has also become increasingly important in trade negotiations

If one nation exploits its workers with long hours, unsafe conditions, environmental pollution, and low pay to produce and sell goods more cheaply than another, it violates fair trade practices.= boycott its products, or, more significantly, other nations may refuse to trade with it.

special districts often small= may purchase in limited quantities at higher prices than larger govts.

If sd have little/ no authority to tax, = forced to borrow $ by issuing revenue bonds,: paid from fees collected for the service provided, rather than general obligation bonds: are paid from tax revenue.

not required by the U.S. Const, in Tx parties to civil case decide if jury trial held.

If used in a civil case in district court, party requesting it pays nominal fee to see jury panel is called. After panel summoned, per diem for each juror paid from pub funds(can be considerable expense if trial lengthy)

other state clemency

In some states, only the Governor may grant clemency Some states have clemency boards that make nonbinding recommendations to the governor; s/he can act differently Some states deny the governor the authority to grant clemency; only the Pardons Board may do so Like GE

Prosecutor file w/the appropriate court,

Info based on investigation by the prosecutor after receiving complaint/sworn affidavit that a crime has been committed.

time passes and members of the coalition become more interdependent, each looks to the other for support.

Legs bargain for interest of the coalition in the leg. Admins issue favorable regs/ admin policies that support their special interest friends. presiding officers shepherd the proposals of their friends through leg process and place the friends of econ special interests on powerful leg committees and leg boards/ commissions. Gov appoints friends and friends of friends to various admin boards/commissions that make policy affecting these same friends. sys of mutual accommodation

Mc Donadls

Liebeck v. McDonald's Restaurants (1994)160,000 in compensatory damages Economic damages Like damage to car Medical bills Unable to work for a few monts= collect money that you would have earned Liability ÷$2.7 million in punitive damages Non econ damages Loss of enjoyment of life Pain and suffering

we live under the authority of myriad local governments simultaneously

Live inder many different local govt Local governments may be classified as: ¡General purpose or ¡Limited purpose

Local govts use public debt($ owed by govt) ordinarily through the issuance of bonds.

Local govts issue bonds to finance major projects w voter approval to fund infrastructure projects like roads, buildings, public facilities. Tx law limits amount of long-term debt to a % of assessed valuation of property w/in boundaries of the govt. intended to keep local govts from going bankrupt(did during the Great Depression )

936 constitutional amendment: Board of Pardons and Paroles.

Many powers held by the gov transferred to the board, =grants, revokes, determines conditions for parole/makes clemency recs to gov

strong executive

Mayor wields more power independently of the city council Examples: ¡Can hire/fire department heads ¡Submits a budget (though typically the city council must approve of it) ¡Veto power (usually) Act unilaterally Can bw corruption Pwoer given by charter Houston has this system of government

Weak Executive

Mayors generally lack authority independent from the city council grants them (often, the mayor is regarded as a "first among equals") City charter no give power than city council Council can take power away As such, power is especially likely to come from the mayor's personality popularity Unusual in Texas

The State Board of Edu(SBOE) elected to serve as the policy-making body for Tx public schools. (elections)

Members of the SBOE elected in partisan elections to 4y overlapping terms in 15 single-member districts, and together establish gen policy regarding the content of public edu, set curriculum standards, adopt instructional materials, approve charter schools, review rules for teacher certification.

Has tort reform helped

More doctors in TX, though rural areas still likely to be underserved More application for licensing board, more pop state to practice medicine Did Not help rural people They went to larger cities Interestingly, tort reform not included in Obamacare

Function for JOP

Mostly handle criminal cases Jurisdiction over criminal cases w/ fines less than 500 and handle civil matter in which dispute involves less than 10,000 Issue warrant Serve ex officio as pub notaries, conduct preliminary hearings, perform marriages, act as cornorers in countries having no med examiner, serve as small claims of courts Most cases criminal and involve traffic violations

Power measured by the # of ppl affected by board's decisions/size of its agency's appropriations.

Only gen measures of power bc relatively minor licensing board( Texas Real Estate Commission) could be most imp agency in state govt to a real estate broker whose license about to be revoked.

original jurisdiction ppt

Original: Conducts hearings that deal with the matters of fact in a case, Determines a person's guilt or innocence or whether they were responsible for an injury/harm to someone Lots of courts for this in TX

United States supports organizations that send individuals to foreign nations for peacekeeping, educational, and cultural purposes.

Peace Corps was established in 1961. rain citizens of other nations in essential skills, establish communication about Americans with other nations, and bring more knowledge about foreign peoples back to America through the volunteer. domestic volunteer org which have similar goals w/in a country

TX tort reform

Perry made issue top priority Major concerns about the impact of medical malpractice cases on the medical community: ¡Doctors leaving the state because they couldn't afford malpractice insurance premiums ¡Especially problematic in rural areas If good internet connection and use telemedicine (but before this)

Pop increasingly diverse as the Latino pop directly affects most Texas cities.

Pol competition among Latinos, Anglos, African Americans, Asian Americans more pressure on elected officials to factor ethnic, racial, social. none largest cities do Anglos now comprise an absolute majority of the pop

4 County Commissioners per count

Precincts must be roughly equal on the basis of people, not land Section of account ¡Commissioners serve 4-year terms, with 2 at a time facing reelection ¡Here is the Harris County Commissioners Court Majority demo

gov and judicial pwoer potus

President appoints all federal judges and Supreme Court justices for life Pardons are absolute (the same is true in many states) Anyone or anything No one can undo Fed crime

annexation

Process where cities bring unincorporated areas into their jurisdiction:

salaris and what they handle

Salaries paid by county/ vary greatly. County courts handle probate/other civil matters ...dispute is between $200 -$10,000 criminal jurisdiction confined to serious misdemeanors :punishment: fine greater than $500/ jail sentence not to exceed one year.

key advisors to the president on economic policy

Secretary of the Treasury, the National Economic Council, and the Council of Economic Advisers.

municipal courts

State authorizes incorporated cities and towns to establish municipal courts, city charter/municipal ordinances to provide for their status and org Legally, muni courts have exclusive jurisdiction to tru violations of city ordinances (traffic). If found guilty, you're fined; these courts can't send anyone to jail

this kind of board/commission system means that gov no appoint actual admin who manages an agency on a day basis.

Such a system adds another layer of bureaucracy btw elected chief executive + agencies that should be responsible to the pub

who came yp w/ state labs

Supreme Court Justice Louis Brandeis. ex: women rights in NJ and many western states. marijuaan

Zubik v. Burwell,

Supreme Court considered a challenge to regulations issued requiring the inclusion of contraception in employer-sponsored health insurance plans under the Affordable Care Act.Little Sisters of the Poor; this religious group refused the ACA's accommodation, which only required it to notify the government that the ACA violated its religious views.

Mayor Houston

Sylvester Turner; he was elected in late 2015(2nd term), succeeding 3-term Annise Parker Races used to run every 2 years (now elected new in 2023) Parker went on COlbert report To promote the city Travel internationally to attract industry

executive has extensive admin powers ( U.S. president does), most agencies have considerable indep

TX (exec decentralized and gov has few direct admin powers) admin autonomy is increased. Agencies still need the support of gov : can influence the leg for appropriations bills and other matters important to the agency. line-item veto can also seriously affect an agency's funding.

important/influential appointed boards are the

TX Dep of Transportation, the TX Health and Human Services Commission, the TX Board of Criminal Justice, the TX Higher Edu Coordinating Board, and TX H20 Development Board. most state agencies run by appointed boards and commissions.

TX dual system of court of last resort

TX Supreme Court: highest state appellate court in civil matters TX Court of Criminal Appeals: highest state appellate court in criminal matters. other states, only Ok has similar bifurcated system.

omparison of case loads from TX to US courts

TX courts have larger number of cases heard Amounts of civil cases has grown

terms for gov

TX gov serve 4 terms but there is no limit on the number of terms Perry 2000 and left after 14 years

policing practices scrutiny by advocates of immigration enforcement and Travis county sheriff announced not honor some fed detainer requests.

TX leg's response: SB 4, the "sanctuary cities" bill:req law local law enforcement to coop w fed immigration authorities; allows local police to inquire about a person's immigration status during encounters like traffic

appointed executives

TX only a few agency heads answer directly to gov directly appointed executives include the secretary of state, the adjutant gen,, the health and human services commissioner, the insurance commissioner, and the edu commissioner.

insurance comissioner

The commissioner of the TX Dep of Insurance directly appointed by ov for a 2y fixed term, subject to senate confirmation. department monitors/regulates tTX insurance industry. provides consumer info, monitors corporate solvency, prosecutes violators of insurance law, licenses agents investigates complaints against them, develops statistics for rate determination, regulates specific insurance lines (property, liability, and life)

who tried to repeal the ACA

Trump

United States has a large trade imbalance w china

U.S. imports exceeded exports to China. American consumers are buying far more goods made in China than Chinese consumers are buying goods made in the United States.harm U.S. manufacturers who are trying to compete with Chinese imported goods

If one country claims that another country is engaged in unfair trading practices, it can bring its case to the

WTO; each party to the dispute must abide by the WTO's ruling or face monetary fines and trade limitations. China imposed a ban on broiler products, which covers chicken, from the United States,

tax assessor-collector

`collecting various county taxes/fees and(some counties) registering voters. collecting certain state taxes/ fees, particularly motor vehicle registration fees (license plate fees) + the motor vehicle sales tax.

To become a naturalized citizen, an immigrant must first apply to be

a legal permanent resident of the United States, a step known as getting a green card, which is the permanent resident card issued to those who are eligible. to get it must secure a sponsor who will attest that the individual has some means of financial support. pass med tests and secure proof of employment if he or she intends to hold a job in the United States. marriage to American citizen but strict bc fraud (now allowing same sex)

Temporary Aid to Needy Families (TANF),

a program to provide payments to women in poverty with children (it was originally called Aid to Families with Dependent Children). majority programs funded through block grants but states expected to contribute min amount of money to admin progrms

committee chairs are imp in tTX leg , but short session/ power of the presiding officers limit influence.

agency seeks the support of the lieu gov/the speaker and members of the finance/ appropriations committees, LBB, and the Legislative Council.

the principle of accountability to the legi

ability of any govt to separate policy formulation from admin is difficult, and assumption that leg best reps ppl is arguable. Legs' decisions affected by financial conflicts of interest, campaign contributions, lobbying by special interest groups, partisan considerations, primary pressures, and pol ambition. serve the interests of the individ legs+ special interests not gen public.

basic goal of special interests is to a

accumulate "friends" among pol operatives in the policy-making/ regulatory areas of govt. critical for pol operatives to acquire friends among econ powerful indivds/special interest groups. members of the coalition support the friends of their friends @ other points =mutual support group that all benefit.

Qs about constitutionality of this provision

adds a qualification for the office not specified in the constitution.

chain of accountability

admin agency to appointed exec to staff to gov to the ppl)would be weakened by close ties usually found among admins, constituent interest groups,legs. Interest groups continue to influence admin appointments/removals in "their agencies" just as they now influence appointments to the boards/commissions

Texans sought to achieve accountability to the pub by electing admin officials,

admin officials, including (gov,lieut gov, attorney gen, comptroller of pub accounts, commissioner of the Gen Land Office, commissioner of agr, and members of the RR Commission and of the State Board of Edu), pub would keep a close watch on elected admin/ refuse to reelect those who were incompetent/ dishonest. Admins would be sensitive to the wishes of the voters and would administer the law in the interest of the gen pub.

Although admin decisions can be overturned by courts and statutory law rewritten by leg,

admin review is first and last determination of meaning of law and how rigidly enforced

Powerin any professional burea stems from

admin' ability to shape pub policy bc of their knowledge of a given subject. Policy-making officials (legi and gov) seldom as informed in policy-making areas as admin personnel( built career in single area of govt activity) Policy-making officials may find themselves forced to rely on govt employees for advice regarding content /procedure. seen by the pub as only admin, often imp players in the conception, promotion,/ enactment of public policy.

Department of Health and Human Services (HHS), is largely responsible for

administering these programs in conjunction with state and local government. expansion of the federal role in health care over the past decade. The most recent such expansion came with the ACA required all individuals to purchase health insurance, either on their own or, if they are low income, with subsidies from the federal government..

agency capture

agency created to regulate an industry becomes controlled by the very industry it is supposed to regulate, to the detriment of the pub interest

Burea power increased by the support of powerful legs bc

agency is dep on leg allies for laws that expand its powers, increase its jurisdiction, appropriate funds for operation,protect it from enemies/competitors.

House or Senate can pass appropriations bills with language that prevents

agency or department from using federal money to implement the regulations.president threatens to veto the bill if this type of language included bc it undermines his policy priorities and, his executive power to implement laws= leg leaders usually remove such lang in the final version of appropriations bill sent to the president

European Union (EU

ajor expansion of a preexisting European economic organization known as the European Community. Great Britain held a referendum, known as Brexit, on whether to exit the EU, a decision that would have global trade and economic implications. It was narrowly approved

Repub candidates dominated recent elections for Tx highest courts, occupying

all 9 positions on SC, 9 spots CCA Past, Repubs dominated among the 80 judgeships across the state's 14 courts of appeals, 66 of the 80 judgeships and holding majorities in 11 of the 14 courts before the 2018 election. Changed when Demo won ¾ of the judgeships up for election, and 39 appeals court judges= now nearly equal the # of Repub on these courts 2018 Demo constituted majority in 3 courts of appeals, 2019 held majority in 7 including the influential 5th (Dallas), 1st (Houston) and 14th (Houston) courts.

Pure at large sys:

all candidates for city council run citywide and top vote getters elected to fill # of open seats (can cast only 1 vote /candidate) Winning candidates receive most votes

Texas established countywide appraisal authority for property taxes

all local govts must accept them state law no require full disclosure of the sales price of real estate, = difficult to accurately appraise property values(especially large commercial/industrial properties)

Now that more advanced nations are concerned about the environment—and climate change in particular—they want to encourage

all nations to use energy-efficient technology. However, this type of technology can be expensive and add to the costs of production, which developing nations fear would slow their economic growth.agreements with countries to reduce pollution in deviling countries not successful (more success in domestic energy policies)

agency + clientele groups allied from the agency's beginning

alliance continues to grow/mature= mutual convenience, power, prosperity increase. Econ/poll ties cemented by mutual self-interest. Agencies/ clients share info, have common attitudes/ goals, exchange employees,lobby the leg together.

Clientele groups

allies for an agency: constituent/ clientele interest group(groups directly affected by agency programs) agency reciprocates by protecting clients w/in the admin.

economic interests want favorable policies that they gain by acquiring

allies in the state govt. Some industries little need for direct appropriations...want only to be free of govt interference. This class of interests may, want to use the powers of govt for favorable regs/ protection from consumers and competitors. Other interests literally survive on govt appropriations.

Deferred Action for Parents of Americans and Lawful Permanent Residents

allow parents of individuals who were citizens by birth or legal permanent residents to apply to avoid deportation and be allowed to submit applications for work permits in the United States.

Arizona Governor Jan Brewer signed a law, S.B. 1070

allowed police officers to ask about immigration status when they stopped individuals for any other police inquiry. Under the law, it was a crime to fail to show documentation establishing legal residence in the United States, and police officers could hold someone until their immigration status was verified.

Tx Leg responded by passing an annexation reform bill:

allows residents in most areas proposed for annexation to demand election to decide city can bring them under its jurisdiction.

merica has objective strategic interests that it must protect, such as maintaining its energy supplies from abroad.

also has a strong commitment to human rights and democratic principles of govt, and sometimes these guiding principles clash. leading mil, diplomatic, and eco power, the US has to balance the need to preserve its own interests against the benefits that arise from working w other nations under an internat framework of laws and policies

e public's influence on the president's decision to engage in military action is always limited because

amount of information available to the public is purposely restricted, both to ensure the safety of the troops involved and to preserve military advantages in conflict.

fed gov bureau reform in form of civil service or merit system

an employment system using competitive examinations/objective measures of qualifications for hiring and promoting employees). Replaced spoils systems. states adopted for pub employment

Immigration and Nationality Act of 1990

annual limit of between 416,000 and 675,000 on these types of visas; in addition, 50,000 visas are set aside for people born in countries that have recently had the lowest numbers of immigrants to the United States.

ex of city before state

antismoking ordinances, which cities and towns successfully adopted before states did, and currently, localities are adopting higher minimum wage laws

To come to the United States with the intention of staying on a permanent basis

apply for a general immigration visa, a family relations visa, or an employment visa

Commissioner of Education

appointed by the gov w consent of the senate to serve as the state's principal executive officer for educ day-to-day operations of the TX Edu Agency. assistant/associate commissioners + professional staff,commissioner carries out the regulations and policies established by the leg and the State Board of Edu concerning pub school programs.

health and human services commissioner

appointed bygov w the advice and consent of the senate. The commissioner heads the Texas Health and Human Services System, an umbrella agency/ super-agency that oversees and manages several major health/welfare departments.

importance of leg support explains intense lobbying surrounding the choice of legs for leadership positions/continues as legislators are

appointed to powerful committees. If interest group and agency unable to get allies appointed/elected to positions of influence in the leg=forced to try to gain support after the legs chosen(more difficult endeavor)

COGs are not governments;

are voluntary regional groupings of local govts to provide forum to share info/coordinate pub policy. Local govts involved in delivery of variety of services that are the product of nat, state, +local laws policies, many pub needs/problems transcend governmental jurisdictions. Intergovernmental communication essential to successful collaboration/ delivery of regional services.

Tx elects judges=How knowledgeable are voters in these judicial elections

are voters cognizant of the candidates and their records in office. Research on USSC shown vast majority of the pub knows little about its rulings/actions if most Americans know little about this (more media attention)=how much do voters know about state/ local courts?

Texas and other states sued in federal court to stop the program (supreme court)

argued Obama had exerted authority that was constitutionally held by Congress. United States v. Texas:President Obama's orders went beyond his executive authority. trump ended DACA

Local governments (those whose jurisdiction is not statewide

arry out myriad functions; many of these affect us every day Essential services Law enforcement, emergency med services, fire fighting, emergency management(like snow), collection of garbage, sewage, animal control, traffic(controversial project to expand North freeway) , housing

counties contracts t w/ other local govts to carry admin functions:

assessing/collecting taxes,managing records, to provide pub services (law enforcement/ fire protection, streets/roads, pub health/welfare, and waste disposal) The Health and Safety Code gives county govts authority to maintain a county hospital.

legal function of attorney gen

assisting in child support enforcement, antitrust actions, Medicaid fraud investigation, crime victim compensation, consumer protection,r civil actions concerning insurance, banking, +securities. state's businesss: oil /gas, law enforcement, env protection, highways, transportation, charitable trusts, is included under the overall jurisdiction of the att gen

ex of this

ate law determines specific dates when municipal elections held, how cities annex new territory, and which cities can establish metropolitan transit authorities. Local govts in Tx subject to "sunshine" laws: Public Information Act + Open Meetings Act.

Precinct:

atra from which each justice of peace shall be elected (determined by pop) and where their courts shall sit Changes made continuously=difficult to pin down # of justices of the peace at any given time

how did former colonial countries gain power

attempting to remain neutral in the superpower struggle, forming the nonaligned movement. Modernization in China gave that huge nation new international stature.

Delay in implementation of ACA stages

attributable to lawsuit against the bill claiming some provisions unconstitutional. 26 state attorneys gen signed on to a lawsuit challenging the constitutionality of the fed health insurance mandate included in the law. The lawsuit made its way to the Supreme Court, which upheld the mandate in 2012. case cleared the way for implementation of the insurance provision through health care exchanges under ACA

Tx weak leg committees compared toU.S. Congress.

attributable to the hands-on authority of the lieut gov /speaker who select most of the members/ all chairs of the standing committees, conference committees, and leg boards and commissions. exercise of this power includes them as 2 points of the iron star coalition elected admins, boards, and commissions are another point.

Dream not passed

authority over border control and national security, Obama. ordered the Department of Homeland Security to stop deporting young people who met the criteria of the DREAM Act and to allow them to apply for temporary work permits

federal government typically issues regulations when

aw is first enacted and when a new circumstance or policy need arises that requires updates to the way the law is implemented(like change in control of White House... to reverse previous admin policies and revise OMB board to fit their policy orefernace)

When the Federal Reserve decreases reserve requirements

banks have more money to lend, and thus the money supply increases. This move tends to lower interest rates

1972 clean water act

based on a 1948 act that gave the government the authority to regulate the quality of both drinking water and navigational waters.

American economic system that there is a business cycle

based on innovation, production, and consumer demand, that operates independently but simultaneous to the implementation of government economic policy. rivate and public sectors shape the direction of the economy

Advocates of admin reform argue bureau should be accountable to leg

bc it has branch of gov closest to peop;e Elected to protect constituents interest and leg establish policies, these elected rep should determine if pub policy being admin are according to leg intent

district created for benefit of "underserved areas,"( library districts in Tx serve rural/suburban areas) other hand, demand for a service extend

beyond single jurisdiction= special district that is multicity/ multicounty in scope. Ex: river authority w power to govern the use of H2O throughout the river's watershed must transcend existing political boundaries; flood control districts similarly deal w problem that crosses pol boundaries. Municipal utility districts (MUDs) created at the insistence of developers who want to provide water/sewerage for subdivisions they establish outside city service areas

ex of policy tools

bilateral or multilateral treaties, diplomatic relations, and aid; others entail conflict through the use of force or the threat of military action

Ex Officio Boards

boards have memberships that are completely/ partly ex officio( boards whose members are automatically assigned bc hold other position.)

Supporters sys:

brings greater coordination/ professionalism to road building + maintenance in rural areas.

civil lawsuit negotiation

btw parties. this may be an appropriate/ just recourse, in many of the state's most populous counties, backlog of cases b4 courts= take yrs for a matter to be heard/settled. litigants often choose to settle case out of court for reasons other than justice.

Commiss court no direct control over elected depart heads in county govt, but wields influence thru

budgetary power. sheriff,: responsible to county voters for enforcing law/ maintaining order +security in tcunty jail... quality of law enforcement dependson county commissioners' decisions. Comiss court must provide funds to build jail/approve staff, authorize expenditures for each vehicle+ gas/repairs, authorize deputies, clerks, and their salaries.

Flint, Michigan,

bureaucratic decision making and cost-cutting measures posed a real danger to the residents in terms of the quality of their drinking and bathing water. many live I. poverty there. lead in water bc use flint river flowing through corrosive pipes w/ no corrosive control. pipes not replaced

Fannie Mae Corporation

by fed gov to put in place sets of programs to help individuals get mortgages to buy houses and build affordable housing by offering subsidies to developers. programs were aimed at helping people buy houses because that was believed to help ensure financial stability and help the economy through new housing construction

bureaucrats should have understanding of jobs/ effects of their decisions on others.

can be accomplished by defining the duties of the job/ the limit of its authority. bureaucrats, through training/ experience in specific job classifications, become experts in specialized areas of admin result will be more knowledgeable/ efficient admin . Expertise source of bur power.

most important constitutional duty: of comptroller

certify the state's approximate biennial revenue. Const req balanced budget, and the state leg may not appropriate more funds than are anticipated as income for any 2yr period. certifies the financial condition of the state @ close of each fiscal year. surplus funds can give gov + leg fiscal flexibility for tax cuts/ increased appropriations w/o increasing taxes.

If either side believes that a prospective juror has a preconceived opinion about guilt or innocence, the prosecutor or defense attorneys may bring a

challenge for cause, which is a request to a judge that a prospective juror not be allowed to serve on the jury for a specific reason, such as bias or prior knowledge of the case.extend to any factor that might convince a judge that the juror could not render a fair and impartial decision. No limits are placed on the number of challenges for cause, but the judge decides whether to grant each specific challenge.

Even after final regulations are issued, groups can

challenge the legality of them in the federal court system

Pop growing and changing demographically+culturally.

challenges to cities bc make policy in changing env.

most imp boards are concerned w

chartering/ regulating business, industrial, and financial powers w/in the state.

smallest counties, the county clerk maintains records for district courts, but most counties elect a sep district clerk:

chief record keeper for district courts.

District courts

chief trial courts of the state/ as a group, called the gen trial courts.

other frnctions

chool, library, zoning, tax collection/appraisal, infrastructure, courts, elections Elections: fed election but admin at county level State makes law and clerks carry this out Zoning: what can be built and what location Houston no zoning= anyone can build anything

bureaucracy often thought of as being exclusive to govt,but also common to

churches, colleges, corporations, and foundations. Bureau develop wherever human beings organize themselves to systematically accomplish goals in the process lose some flexibility/efficiency.

budgetary problems make state/nat govt assistance unreliable=

cities build in budgets a reserve fund to compensate inconsistent sources of revenue.

many undocimmigrants

cities had a policy of honoring fed requests to hold undoc immigrants for deportation after arrested, but many no outinely ask ppl about immigration status believing undo immigrants less willing to report crimes/coop w police bc might=deportation and lawful city residents may resent local law enforcement demanding proof of citizenship,.

This court, like the others examined thus far, involves

citizen participation in the form of jury duty Importance of Jury Duty Sample TX Jury Summons

power to city manager assigned by

city charter and council. manager responsible for selecting key personnel + submitting proposed budget to council for approval. city council seek the manager's opinion on a diff matters( tax rate for city, call a bond election, feasibility of proposed new ordinances) issues ultimately up to the council+manager expected to implement whatever decisions made

Judges of municipal courts meet whatever qualifications set by the

city charter/ordinances Require specific legal training.experience Other character sat very little qualification

alternative system is cumulative voting

city council members elected in large elections but # of votes voter casts corresponds to # of seats on the council. can cast all five votes for a single candidate. can distribute their votes among the candidates however they choose.

Growing cities expand services ranging from sewage tx, street building, law enforcement to urban planning/ parks+recreation

city w limited growth may see an internal shift in pop,, w/ one area of the city facing dramatic growth...others: loss of pop + businesses, vacant buildings, urban decay. Communities w stagnant/declining pops face the challenge of funding services from a diminished economic base.

home rule city

city w/ popu more than 5,000 may, by majority vote. may retain this designation even if pop drops below threshold. can adopt its own city charter+structure local govt as it sees fit as long as charter provisions and local laws (ordinances) don't violate nat/state constitutions and laws.

Some cities no use district, use at large election:

city wide election where some/all city council members elected by voters of enitr ,uni rather than neighborhood districts (2 types)

service provided by special district rather than gen purpose govt appealing bc

city/county may have limited revenue from downturn in the eco, loss of major industry, new unfunded mandates, fewer fed $s.. govt may have reached its state-mandated sales tax ceiling of 2 % Pop/ pol sentiment: city/county property tax already too high, and a strong anti-tax org in community eager to make that point. Little support for increasing tax/ cutting other services to accommodate another service responsibility=special districts created to avoid raising city taxes.

Plaintiffs' lawyers+related interest groups made a concerted effort to make judiciary more open to

consumer suits, often filed against businesses, doctors, +insurance companies. plaintiffs' lawyers used millions of $ into campaign accounts of candidates they believed would align favorably w perspective. Defense/business attorneys/tort reform advocates (Texans for Lawsuit Reform (TLR)) responded w millions of $ t These lawyer often appear b4 judges to whom they have given these large sums of money.

presever demo

containment and Truman doctrine

t Obama responded to the economic crisis by adopting a mixed strategy on taxes and spending.

continued bush program to bailed out banks, and he instituted a bailout program for the auto industry; the majority of those funds have been paid back to the government with interes.$800 b stimulus bill that was a combination of spending increases favored by Dems and tax credits (tax cuts) favored by Repubs to boost the econ.

Conservative, pro-business citizens support privatization bc

contracting with private businesses to provide traditional public services increases efficiency +reduces the size, power, cost of govt. private enterprise is inherently more effective/efficient than the pub sector, and current agencies lack the forces of the profit motive / competition that energize the private marketplace.

TDA charged w administering laws for consumer/labor protection like Ag

contradictory constituencies, at times conflicting interests, being given the function of protecting each interest from the other. A conflict of interest btw these potentially incompatible groups inevitable.

Some counties=other exec officers: 5 or more members of the county board of school trustees, a county superintendent of schools, county surveyor, a county weigher.

counties may authorize appointive officers as the county election admin, county health officer, county medical examiner, county ag agent, home demonstration agent.

Tx counties w a pop of 200,000 or more establish a civil service

counties w pop of more than 500,000 establish a civil service system for the sheriff's office. half of the 20 counties that may establish a civil service system have done so, and all 7 counties eligible to establish a civil service program in the sheriffs' department have one.

Clerical officers in the county

county clerk and district clerk

Each county has

county court presided over by the county judge ( called the constitutional county cour/constitutional county judge). (254 counties)

The county governing body, commissioners court

county judge( presiding officer), 4 county commissioners elected from separate precincts

constables

county law enforcement officials elected to serve as process officers of jop courts and have gen law enforcement powers. elected from same precincts as justices deliver summonses/execute court orders. some metropolitan counties, have added deputies+ become important law enforcement agencies, but in others: office unimportant (remains unfilled,) and some abolished the office altogether.

county attorney:

county legal officergiving legal advice to the commis court + rep the county in civil litigation,

aw enforcement officers are

county sheriff and constable

county clerk

county's chief record keeper+election officer. office parallels that of the Tx sec of state.. commis court; maintaining records for jop+county courts; filing mortgages, wills, contracts; issuing marriage licenses/maintaining certain records of births/deaths; serving on the county election board, certifying candidates running for county office, preserving the results of state, county, special district elections.

ncourages foreign trade as long as there are comparable working conditions and wages within the industries in the trading nation, recent

fair trade

Social Security Act of 1935 and its subsequent legislative expansions

created several other programs that are designed to help individuals who need assistance supporting themselves or their families.

WTO

created to deal with the explosive expansion of the global trade community and to establish a single international organization with the authority to resolve trade disputes.

some states allow non-unanimous jury verdicts in

criminal/civil matters, TX criminal case jruies must agree unanimously (not required in civil).

In addition to qs concerning fairness /adv of incumbency surrounding campaign finances

critics asked whether justice is for sale in Texas. indiv/ orgs appear b4 judges to whose election campaigns they have contributed $. TX Insiders feature puts a face on major contributors to TXSC candidates.

constitutional/statutory req several admin (and gov ) elected was deliberate effort to

decentralize admin power+ prevent any one official from gaining control of the govt

new trials in court of records called

de novo trials: higher court completely retires case, in contrast to appeal where higher court reviews the laws as decided by lower court

The president, as commander in chief,

decision to engage in military action. congress declare. in making the decision to engage in military action, the president is heavily influenced by the recommendations of the secretary of defense, the national security adviser, and the director of the Central Intelligence Agency.

Ex of close-knit alliances: d

defense contractors and the U.S. Department of Defense, agribusiness and the U.S. Department of Agriculture, and drug manufacturers and the U.S. FDA. TX:highway contractors and the TX Department of Transportation; oil/ gas producers, processors, distributors and the TX RR Commission; private utility companies and the PUC;

TX never implemented systematic statewide civil service reform;

depends on a spoils/ patronage system of public employment. Elected officials in TX appoint major campaign supporters to top-level position: raises potential for conflicts of interest + has resulted in criticism of crony capitalism practices in Austin.

Public policy

described as the set of laws and regulations that govern American political and social life to meet a specific need and accomplish a goal.

developed nations have found it cheaper to manufacture goods in

developing countries, and free trade is seen as a gateway to more open and democratic societies in nations previously closed to outside influences.

Being connected does not mean sharing political systems and religions, or even cultures below the level of popular culture.

differences that do exist have intensified in the new global age and have produced political, social, and military conflict.

problems developed w/ application of this idea.

difficulty of determining the will of the ppl/ even determining the pub interest. TX is mix of many divergent groups wi many interests—to please one group frequently means displeasing another.

drive to provide this kind of income security for individuals was in large part a response to

dire effects of the Great Depression, which left millions of people without jobs and income

Home rule=local voters impose their will

directly on govt through initiative, referendum, + recall,(most home rule have all 3)

gj may return indictments bc

district attorney asks for them. gj return true bills in 95 % cases brought b4 them. high indictment rate attributable to the fact that accused cant have attorney in the room during questioning.

Before reform,

district courts appointed members of a gj commission that would handpick jurors( "pick-a-pal" system)

current framework for the regulatory process has its foundation in

dministrative Procedures Act that Congress passed in 1946 to provide a consistent blueprint for all federal agencies in the issuing of regulations.

EPA shares jurisdiction with the Department of Energy and the Department of Interior over federal energy and environmental policy,

egulating carbon emissions and auto fuel efficiency to granting leases to drill for oil and natural gas both on- and offshore of the continental United States. Department of State might also be involved in environmental policy if it will have an international impact.

Council manager system

elected city council makes laws/ hires a professional administrator responsible for executing council policies and managing day-to-day operations of city govt + serves @ pleasure of the council. most use this

attorney general election

elected for a 4yr term, no term limits Holding one of the four most powerful offices inTX gov, the att gen lawyer for all officials, boards, agencies in state govt

appeal judges elected

elected from their districts, 6 y terms, at least 35y/o , 10 ys experience as lawyer/judge.

Accountability to the ppl simplest approach

electing exec officers to make the bureaucracy directly accountable to the people thru demo processthe: elective accountability

revolving door

employees of special interest groups who move back and forth from special interest employment to pub service. rotation of employees helps interests influence pub policy/ practice that casts a shadow of doubt over the policy-making process. In this legs, admins, regulators become promoters of the industry.

Most Americans receive health insurance through

employment or purchase it independently from private insurance companies.federal programs are available to help cover the costs of health insurance.

hen one state adopts a policy and then other states follow, such policy adoption at the state level often

encourages the federal government to see the benefits of such policies as well.

Rep TX in legal conflicts w other states (boundary disputes w Louisiana and Oklahoma)

enforces business rega by bringing suits against corps for antitrust, consumer protection/ regulatory violations.

With these safeguards, reformers believed that admins could/ would tx everyone

equally simply carrying out the policies of the elected officials. theory of executive neutrality is naive, pub admin cant be separated from politics

developing nations and energy

equire energy as their economies grow. expand their economies and increase the standard of living for their residents, pressure builds on both the supply of energy that is required to fuel that economic growth and the environmental impact of that growth, global warming also from countries like chain and India

.Statutes allow challenges of jurors w.o cause.

equired to give reason for removal :peremptory challenge: no reason needs to be provided to remove juror. The possibility exists,=nothing other than intuition can cause attorney in a case to ask juror be dismissed.

adv + disadv in layering

ering acts as a gateway for a wide range of voices to be heard in the policy process, but can serve as a gate that stands in the way of quickly and efficiently addressing important policy issues

Lawsuit abuse

erious concerns about lawsuit abuse Some concerns, of course, arise from "frivolous lawsuits:" Lack merit or justifcation ¡Connecticut Woman Has Filed 70 Lawsuits in 2 Years

County gov:

established by state const and leg as gen purpose local govt that serve as admin arm of state (carry out state laws and collect certain state taxes), elections for county, state and nat but not muni, school district

policy-making system

failed residents of Flint who were harmed by pollutants in their water, limits of the government's power to regulate the environment at the local level.

TX attempted a different way to depol the state burea

establishing the indep board + commission system discussed earlier: tries to insulate the bureaucracy from the leg and gov, who are elected= poll by definition.

reformers of early 20th cent

estructured to include elected city controller to separate the city's chief financial office from control by mayor's office. Rules adopted: contracts must be awarded to the lowest/best bidder. Other reforms :nonpartisan elections;ethics/ campaign finance laws. some cities, strong mayor stripped of the power to veto city ordinances.

commissioner serves as ex officio for many boards and chairs

eterans Land and the School Land boards,programs are admin by the General Land Office. (Ex officio members hold their positions bc hold some other elective/ appointed office.) VLB established after WW2 Loans $ to veterans for land purchases/home purchases/ improvements /manages 4 cemeteries for veterans.

Binding arbitration (quick and short)

etting an arbiter (sometimes a retired judge) make a decision in the matter ¡Sometimes, however, contracts require you to seek resolution through a third party instead of court ¡Cell phone carriers and financial institutions often do this; think about why it is controversial Sometimes in fine print: arbiter rules and rules in favor of company 3rd party decides case and has to abide by it Judge judy

responsibilities of lieut gov

ex officio chair of the LBB + Legislative Council. a member of the Legislative Audit Committee + can exercise considerable personal influence on the Sunset Advisory Commission and Leg Criminal Justice Board. These legboards/ commissions not part of the exec branch, but major influence bc conduct continuing reviews of admin policies + make rec to the leg.

TX admin/ bureaucracy part of

executive branch that administers the gov policies/programs Most distinctive characteristic of TX admin is no one in charge of admin apparatus as while

Much like the President(full force of law), the Texas Governor may issue

executive orders in certain cases, though the Legislature can overturn them...Perry issued Executive Order RP-65 which would have required 6th grade girls to receive the Gardasil vaccine for cervical cancer

These employees could be commended/ protected from retribution, but often instead

exiled to the bureaucratic equivalent of Siberia/ fired for their efforts. To its credit, TX's whistle-blowers law prohibits govts from acting against employees who report law violations. enforcement is difficult/time-consuming, and whistle-blowers often suffer.

ACA extended access to health insurance coverage to uninsured citizens and legal immigrants through

expansion of Medicaid eligibility and the provision of federal subsidies to workers to purchase private health insurance through health insurance exchanges that would be set up by states or, if the states refused, by the federal government directly.

power to establish a buffer area, or

extraterritorial jurisdiction (ETJ), that extends 1 ½ mi to as much as 5 mi beyond city's limits, depending pop.

Although presidents and members of Congress formally appear to be in command of the federal policy-making process

face a complex set of gates standing in the way of implementing policy.

original jurisdiction trial involve dertmeination of ______ and application of ______

fact, law

critics of strong mayor

fear office too powerful and may become too politicized to distribute services fairly/ efficiently. image of 19th cent urban pol party machines led by mayors who appointed pol cronies as dep heads, campaign workers as city employees, awarded contracts to supporters.

mandate

fed/state req that lower level of govt, like a city/ county, provide service/ meet certain standards, often as a condition for receiving financial aid.

HHS

fed: responsible for overseeing these programs, as well as implementing new one state: each on has and cities and counties. , states also have the power to regulate insurance providers who provide coverage there.

challenge of residency

federal government requires an individual seeking permanent residence to have talents or skills for a particular job that a current U.S. citizen could not provid

district court jurisdciton

felony case ⅓ their criminal caseload. Civil cases: exceeds $200 may tried in district courts( such cases constitute greatest share of their workload) juvenile cases usually tried in district courts. most district courts exercise both criminal/civil jurisdiction but tendency in metropolitan areas for the multiple district courts to specialize in criminal, civil,/fam law matters.

TX SC:

final court of appeals in civil/juvenile cases. Original jurisdiction of court extends to the issuance of writs/ conduct of proceedings for involuntary retirement/removal of judges. other cases in appellate jurisdiction. Interpret tx constitution

Although the president can name people to the Federal Reserve, he or she cannot

fire them if they promote monetary policy that differs from his policy preferences. His or her only power over them comes from the nomination process.

original jurisdiction

following legal rule of procedure hearing witnesses, viewing material evidence and examining other evidence to determine guilt in criminal case/responsibility in civil cases Judge oversees procedure but jury evaluate evidence (unless right to jury waived) Verdict determined and remedy set.

standardization of county structure+ functions fails to account

for great variation among the counties deviations from the uniform structure/ functions specifically authorized by state leg . Some argue voters should be entrusted w restructuring own county govts, home rule provisions similar to those now available to many Texas cities.

When preliminary regulations appear in the Federal Register, a period for

for public comment is defined (typically outlined in the originating legislation) ranging from thirty to ninety days.citizens, interest groups, and relevant industries and businesses submit opinions to agency about the regs. the agency/local affiliate can hold public hearings across the country to solicit opinions on the regulations.

counties act for state on

forcing laws, securing right-of-way for highways, registering births, deaths, marriages, housing state district courts, registering motor vehicles, recording land titles / deeds, and collecting some state taxes and fees. optional powers authorized by state law

regulatory process

formal responsibility for policy implementation falls to the bureaucracy

need of admin agencies for gov's support depends on the extent of gov's

formal/in powers and how successful the agency has been in finding other powerful pol allies.

Ties not gone when retirement/ electoral defeat,

former admins/ legs work for special interests as lobbyists, consultants, employees. State employees know from the beginning:, employment may be available from deep-pocketed special interests.

why was passing ACA complicated

fragmented nature of America's health care system, party politics and partisanship, and the heightened political rhetoric that surrounded the effort. demo used. majority party power in the House and Senate to pass the law, with no Republican support.

policy that strikes down barriers on imported foreign goods

free trade

imigratuin laws gateway and gates

gates regulating entry into the United States and as gateways to eventual citizenship

cities may not adopt policies that conflict with

gen state law. principle=conflict btw state + muni policy

More than two hundred years later, Washington's isolationist tendencies have been swamped by the evolution of

globalization, which intertwines the fate of the United States with hostilities, health crises and epidemics such as the Ebola and Zika viruses, and natural disasters and environmental degradation wherever they occur. interconnectedness of nations around the world on economic, political, cultural, social, and military dimensions. conomies, societies, and cultures have become increasingly integrated through trade, capital investment, labor flows, migration, travel, and, most strikingly, the Internet and instantaneous communication

juries good v bad

good: community input/ use of common sense in the legal system. Bad: dont fairly rep community/reasons for their decisions are often inappropriate/suspect

United States also participated in the General Agreement on Tariffs and Trade

governed multinational trade agreements between 1948 and 1994. In 1994, during the eighth round of GATT, the World Trade Organization (WTO) was created

past forty years, the nation has experienced several energy crises where the demand for and cost of energy rose so high that businesses and consumers suffered.

government has encouraged alternative sources of energy as well as the expanded development of fossil fuels in the United States. almost to the point where it is entirely energy self-sufficient, which somewhat reduces the reliance on foreign nations for energy and at the same time decreases the chances of getting involved in international conflicts waged over energy.

domestic policy

government plays a role, at the federal, state, and local levels, in the lives of average citizens.

Judges/justices elected(partisan elections), though

governors make appointments when vacancies arise Weak power

source of transparency: whistle-blowers

govet employees who expose burea excesses, blunders, corruption, or favoritism.

criminal burden of proof falls entirely on

govt/prosecution Prosecution prove defendant is guilty beyond reasonable doubt (standard used to determine guilt/innocence of person criminally charged) To prove guilty, state need sufficient evidence of guilt so jurors have no doubt that might cause reasonable person to question if accused guilty

fifth step

legislature grants the executive branch policy implementation authority over the program.

2015 leg reform

grand jurors selected using same type of broad random selection process employed to select trial jurors. result in grand juries looking like genl popin their communities..current law: a district judge now instructed to call for 20 -125 prospective grand jurors to be summoned in the same way as trial jurors. From pool of potential grand jurors, 12 selected to become the gj, 4 other individ chosen as alternates.

person is accused of serious crime= taken to

grand jury: Tx has 12 ppl who sit in pretrial proceedings to determine whether sufficient evidence exists to try an individual and return an indictment. (Some states no grand juries, butones that do size from 5-23 ppl)

One factor that might affect the future of immigration reform is the

growing number of Latinos in the United States, who typically express strong opposition to punitive measures on unauthorized immigration

mayor council manager

guiding force," not a "driving force", longer term projects Attract more business More weak that mayor council In sunwelt. South and west

medicaid

hared program between the federal and state governments, funded through general taxation, to provide health care coverage for low-income people

Reformers argue that a gov who had these powers would

have a strong incentive to hold the appointed bureaus accountable for their actions as voters usually hold the gov responsible for mishaps in state agencies.

Texas cities: fede/state govts cut funding even as they

have increased the number of mandates imposed on local govts.

more ppt on execution and clemency

he Texas Governor may issue one 30-day stay of execution per person no blanket clemencies may be issued Was in IL Bush seemed pro execution but actually was not in complete power of signing all of them

Bc constitutional county judge has admin responsibilities as presiding officer of the commissioners court (governing body for Tx counties/ not judicial entity)

he have little time to handle judicial matters. Leg respond: establishing county courts-at-law in certain counties to act as auxiliary/ supplemental courts in some Tx counties.

Legislator request opinion during

he leg session (sometimes to delay, a help kill leg). T he vagueness of laws and, the ambiguity of theTX const require the attgen give numerous opinions

duties of ag department

hecking the accuracy of scanners@ grocery stores + gasoline pumps @ service stations to determining labeling procedures for pesticides and promoting TX agl products in nat and global markets.

Social Security Disability Insurance and Supplemental Security Insurance,

help those who are no longer able to work or who have a disability that prevents them from working full time.

social welfare functions

hospitals, housing, welfare) receive more revenue in metropolitan areas w/ fewer special districts.

one juror disagrees=

hung jury:jury unable to agree on a verdict after a suitable period of deliberation; = mistrial. the prosecutor decide whether to try case again w different jury/drop the matter. Bc no verdict reached w hung jury=accused person is not put in double jeopardy by a 2nd trial. second hung jury, the prosecution will drop the case.

liet gov ppt

ice gov. If gov does/resigns then new gov Incharge of senate Can be different party George bush, bob bullock who was a democrat but learned how to work together

produces these regulations by working within a process that begins with

identifying the agency that has jurisdiction. The agency in charge will then offer preliminary regulations, and the pol appointees of the agency will determine whether they are in line with the president's policy

sheriff

ief county law enforcement officer. Next to county judge, sheriff=most powerful county officer bc large budget +mstaff of deputies to assist in enforcing state law throughout the county. W/in corporate limits of cities, sheriff refrains from patrolling to better use scarce resources/ avoid jurisdictional disputes w city police. sheriff's department operates the county jail and delivers/executes court orders.

wentieth century, the federal government enacted laws to create a social safety net to provide

income stability for the elderly and disabled, and assistance with food, health care, and housing for the poor.

general law city:

incorporated community w/ pop of 5,000/ fewer; limited in the policy matters on which it may legislate. vast majority of Texas cities(75%)

single district election sys served as primary means of

increasing minority rep on city councils, attention to other ways of achieving this goa

Some gj,( "runaway" grand juries) consider matters

indepe of district attorney's rec. prosecutors no like a gj to be so assertive/ likely to refer only routine matters to it. To bypass it, the prosecutor may refer cases to 2nd grand jury meeting simultaneously/ postpone action for another, favorable, grand jury.

If sufficient=accused is indicted

indictment:formal written accusation issued by a grand jury against party charged w crime when determined sufficient evidence to bring the accused to trial vote 9 of 12 grand jurors needed to indict.

entitlement programs

individuals are "entitled" to receive the benefit as long as they qualify under these criteria.

proponenets of stricter reform and unauthorized immigration

individuals who arrived illegally but have since established productive lives should be legally incorporated into society and have the opportunity to be full and active citizens, a position that opponents refer to as "amnesty. demo

2007-2009 recession was attributed largely to

inflated housing prices, irresponsible lending by banks, and excessive borrowing by consumers,=widespread foreclosures+collapse of major sectors of the financial and construction industries.people lose jobs, consumer spending declines, forcing business and industry to cut back production/ lay off workers, potentially leading to a vicious circle in which consumer spending declines

alternative to a grand jury indictment:

information: written accusation made by the prosecutor against party charged w minor crime.

Gov appoints the board's members and can grant

less clemency than rec but not more. Nor can gov any longer interfere in the parole process by blocking early releases from prison. Gov postpone executions(only 30 days)

U.S. Justice Department sued to get the law struck down in federal court on the basis that the state was

infringing on the proper role of the federal government on immigration. Arizona v. United States, the court struck down the law because it assumed state powers over immigration that are granted to the federal government.

Supporters annexation power:

inherent power to unilaterally annex adjoining areas is one of the most important home-rule prerogatives." allows cities to protect their tax base to finance expensive city services+mitigate urban decay.

commissioner and TX open beaches act

insure that the public continues to have free and unfettered access to beaches,

slow pace of the WTO deliberation illustrates

international organization can serve as a gate or obstacle to efficient resolution of economic disputes. Entering the WTO was a major change in U.S. trade policy because it required the United States to relinquish its right to act unilaterally in trade disputes. gave assurance to foreign nations that it would respect international rules and would be a fair and reliable

absence of a prior judicial interpretation, the attgen power to

interpret law/ to give an opinion as to whether law/ practice conflicts w other lawsor TX US consituion

attorney gen opnion

interpretation of constitution, statutory laws, admin rules. As the state's chief lawyer, the aattgen advise client. advisory opinions are technically not legally binding, they carry great weight. state officials ignore these opinions, the attgen no defend them in court.

Government can use fiscal policy to

intervene in the economy through taxing and spending.used to manipulate the money supply to avoid recession

the court civil cases

involving less than $200,000. Usually probate matters/ suits collect debt. Same jurisdiction as JP courts for civil matters

why people no have health insurance

ir employer did not offer it; they were self-employed and could not afford to purchase it; they were unemployed but not poor or old enough to qualify for a government program; or they were deemed ineligible by private insurance companies because they had health conditions that made them high risk and expensive to cover

individual units w/in the TX gov are hierarchically organized,but the state's overall bureaucracy

is not, bc final authority is not centralized in a single executive hierarchy evident w/in the TX Commission on Env Quality, but no direct lines of authority/ communication from the gov to the dep.

supporters of merit system

it encourages professionalism, increases efficiency, allows uniform application of equal opportunity requirements.

Elected county officials hire county employees using spoils system,

ives elected officials considerable discretion in employment/ promotion decisions. make employee job security dep on the continued election of/ allegiance to employer. Pol ;oyalty often main factor in the recruitment/retention of employees, when a new official elected, =a large turnover of county employees

state laws determine whether these courts have

ivil /criminal jurisdiction/ combination

their view of alternatives like merit system

job security that employees become complacent+indifferent to the public.

only limitations to this occur when

judge believes prospective jurors eliminated bc ethnicity, race, sex. provide lawyers freedom in deciding to remove jurors, each side is given limited # of these for each case.

Admin of justice is uneven in TX county courts.

judges competent/run courts in orderly manner, others regard their courts/official jurisdictions as personal fiefdoms Pay little attention to finer points of law/ accepted procedures. Opportunities for arbitrary action are compounded if the county judge performing as a judicial officer /the chief admin officer of the county.

Unfunded Mandates Interagency Work Group, (state auditor, comptroller, director of the LBB, a senator and a rep)

keep record of unfunded mandates the leg passes. Mandates exempt from list: passed by voters + adopted to comply w/ Texas Const, federal law, or a court order.

Supporters of the Iran de

keeping nuclear weapons out of Iran would make the Middle East more stable, but opponents warned that allowing Iran access to its previously frozen money, and allowing it to sell oil, would only make it more powerful in the region.

social security

largest and likely best-known federal domestic policy programs. federally guaranteed pension program funded by taxes imposed by employers and workers

No specific statutory/constitutional provisions require JOP be

lawyer. JOP not a licensed attorney is required by statute to take 80hr course in performance of the duties of the office+ 20-hr course / ye after @ accredited state-supported institution of higher edu.salaries vary a lot from diff counties/times even from justice-justice w/in same county.

current system quite pol, and many ppl critical of it for many reasons.

led to repeated attempts to reform way Tx selects judges/ change what is permissible in campaign fundraising. Proposals for change from many sources,like chief justices of the state sc + committee formed by lieut gov

TX admin responsible

leg , gov , and especially the interest groups that benefit from the programs administered by the agencies

As a result, the gov often sets the

leg agenda at start of the session when bill will face less competition for time/attention; able call pub attention to certain issues+signal which topics should be given highest priority that year.

major Tx cities resisted single districts, civil rights orgs (Mx American Legal Defense + edu Fund (MALDEF), American GI Forum,NAACP,) brought successful

legal action fed courts forced several to abandon large elections. instituted mixed :majority of council members elected from single districts, although mayor+some council members elected at large.

children who are born to unauthorized immigrants living in the United States

legal citizens because of the Fourteenth Amendment to the Constitution

Elected offices in TX

lieu gov, attorney gen, Comptroller of Public Accounts Land Commissioner Agriculture Commissioner Railroad Commission (regulates oil and gas) State Board of Education Elected spertaly from gov and each other: limits power of gov Do not report to gov and can do things that gov wont like

if gov impahces/convicted, dies, resigned,

lieut gov bedome gov and the sent elected member to serve as acting lieut gov until next election Took place in 200 when Bush president=resigned and liuet perry became gov and Ratliff was new lieut

commissioners court is not judicial;it is a leg w/

limited authority to approve the budget for all county operations, set the tax rate, pass ordinances on a narrow range of policies.

criticism of the current partisan election system involves one of its outcomes

limited ethnic/racial/ gender diversity on the bench. Anglos account for less than ½ (42 percent) of the state's pop,, 76 % of the state's judges are Anglos. 17% of the state's judges are Latinos, and fewer are African Americans/ Asian Americans.

opponents of involuntary annexation argued:

limits opp for self-govt+resent tax/ regulation by central-city govts that no share poli values; large cities have run roughshod over residents annexing property w/o owners' consent, forcing them to pay high tax for services not want.

gov point bc

line-item veto /power to appoint members of state policy-making boards and commissions. absence of civil service for TX govt employees makes =vulnerable to influence by the appointed boards.

w/ divergent interests involved+ no clear alternative acceptable to all groups=

little judicial reform taken place.

Special district gov:

local govt that provide single/closely related services that are not provided by gen purpose country or municpal govt special district established to provide H2O+sewer facilities for a housing development; has the authority to borrow to build the sy and may assess tax and user fees on property owners and residents. Multimember boards usually govern special districts

president also appoints the chairman of fed reserves

major role in monetary policy. The set of stakeholders in federal economic policy includes the president, Congress, business interests, and consumers

voters look for simple voting cues(familiarity w candidate's name/ party identification,) = candidates want to spend as much money as possible to

make name/candidacy well known. spending in judicial races increased Candidates need to win 2contests:party's primary + gen election. can be an expensive endeavor, and repub candidates dominated the race for campaign contributions.

Established SUnset Advisory Commission:

make recommendations as to the alteration, termination, or continuation of many of the state's boards, commissions, and agencies institutions and their operations are reviewed periodically, and are automatically terminated unless specific legislative action is taken to renew them. Functions expanded, diminished, or reassigned to other agencies When renewed Sunset Commission continues to evaluate their compliance with legislative directives.

various pub officials attempt to systematically streamline national / state bureas and to

make them more efficient/ receptive to wishes of policy makers. may or may not have positive results, but level of success varies widely and based largely on the expectations, perceptions, and political ideology of the reviewer.

board appoints a chief executive officer to

manage the dep and see to the admin of public policy. administrative power "removed from pols" and gov denied direct exec control over the state bureaucracy.

comptroller is the chief tax collector + the chief pre-audit accounting officer in the TX govt.

manages state deposits/ investments + pays warrants on state accounts in his/her capacity as the state's chief treasurer. provides info on spending /debt @ state / local level, supports state econ development efforts, manages the state's college edu funds, coordinates the state's procurement system.

With so many competing interests and the potential for unintended negative consequences, government seeks to pursue policies that

maximize benefits and minimize costs

members of boards and comissions

may be salaried/ only reimbursed for expenses. differences in their political power.

Houston adopted most of these structural reforms.

mayor now appoints professional admin assistants who help manage city deps, held accountable for mismanagement by being voted out of office.

reaction to this case

mc doanls appealed damages to under $500,000 Not surprisingly, it received international attention and epitomized lawsuit abuse in the United States

Appointed Boards vary greatly in terms of importance, admin power, and salary.

members (usually unsalaried) set policies for their agencies +appoint own chief admins. Gov w/ the consent of the senate, usually appoints board members, but bc of usual practice of appointing members to staggered terms= 6 y may lapse b4 gov fills a board w his appointees.

e main stakeholders in the policy-making process include

members of Congress, the president, the executive branch agency that deals with the issue, the courts, political parties, interest groups, and interested citizens.. they attempt to formulate a policy that will address the problem

consolidation.

merging of county govt w other local govts to form a single gov. reformers point to city-county consolidation for reducing the # of local govts, eliminating duplication of govt services,+ increasing efficiency.

muncipal courts can handle ___ violation of the law

minor: C misdemeanors w/ punishment of $500 or less and no gain) Justice of peace courts overlapping jurisdiction) Mostly involve traffic and parking violations

criminal cases

misdemeanors more serious than those tried by the JOP/ municipal courts/ misdemeanors include jail sentence/ fine in excess of $500. more than ⅗ of cases disposed in county-level courts are criminal: drugs, theft, driving while intoxicated / under the influence being the most common.

The explanation of how pub policy made/ implemented=complex endeavor.

model, the "Iron Texas Star," illustrates the relationships btw the pol actors in TX govt that make pub policy happen. depicts a coalition among pol actors that includes interest groups,liet gov, speaker, legcommittees, thgov , administrators, and boards and commissions.

IAEA

monitor and inspect nations' weapons capability. The United States and the rest of the international community rely on this organization and its powers to monitor nuclear facility development in countries that do not currently have nuclear weapons, such as Iran.

courts most often have original jurisdiction over

more serious crimes (felonies) and major civil suits, usually over 25,000

gov elected by the ppl to be the chief executive but little direct authority over

most admins. authority to appoint the members of most boards/commissions,w close personal ties to powerful special interest groups, makes him an important player in shaping the direction of independent agencies.

T RR comission

most imp state regulatory boards. constitutionally authorized elective board whose 3 members serve for overlapping 6y terms.Regulate oil and gas

texas law and elections for muni

muni elections nonpartisan, but cities options whenadopting single-member district or at-large election sys decision to use one system has legal and political consequences.

opponents of this

ndividuals who broke the law to enter the United States must be forced to return to their country of origin and apply for legal immigration status, and that without stronger border security, the hope of amnesty will just drive greater unauthorized immigration. republicans

USTR is responsible for

negotiating the terms of international trade agreements. To present a balanced position on behalf of the U.S. government, the USTR solicits information and feedback about the potential impact of the trade agreement from import- and export-related industries, cabinet departments, and members of Congress.

criminal/civil cases often settled out of court by

negotiation btw the parties involved.

epartment of State is responsible for formulating foreign policy using n

nonmilitary methods; these efforts are conducted by diplomatic personnel in U.S. missions, consulates, and embassies around the world. some divisors focus on humanitarian assistance

Local govts in TX attempted to accomplish similar goals by

nonpartisan elections for city officials/ special district boards. cities adopted the council-manager form of govt: unelected "professional" manager supervises city departs, and in school districts a "professional" superintendent admin the pub schools.

World Bank

nternational aid and reconstruction organization to help rebuild nations that had been badly damaged during WWII. members, known as shareholders, and five divisions that work together to provide low-interest loans, grants, and investment capital to build and improve infrastructure and alleviate poverty. unds specific projects to improve transportation, provide clean water, build energy utilities, modernize medical care, initiate crop development programs, and provide start-up money for new businesses in poor and developing countries.

. After that struggle ended, the old bipolar world of the two superpowers quickly became multipolar

numerous centers of power competing for regional dominance and with numerous regional conflicts.

process of discoervy

nvolves attorneys taking depositions of witnesses Subponea, medical records and other doc to make case. Witness can be subpenea. Depositons: answer questions under oath and transcropt

increase in the number of economically developed nations as producers and consumers of goods, combined with the presence of U.S.-owned industries in these nations, has created a strong incentive for the

o be a supportive partner in the international economy in order to encourage other countries to allow U.S. goods to be sold there. The Republican Party has agreed with that idea for many decades but President Trump has stated that he believes the United States needs to take a more protectionist position in world trad

International Monetary Fund (IMF)

ocuses on preserving economic stability, including currency values, among nations and makes short-term loans to nations that cannot balance their budgets or need immediate funds

Social Security Act marked the beginning of the transformation

of the federal and state governments in providing a social safety net for individuals in need of financial assistance as well as aid to secure food, housing, and health care

benefits could result from accountability to the gov.

office visible to gen pub, so the problem of who watches the watchers would be solved. no q regarding final responsibility for any corruption/incompetence in the admin . Admin control could be simplified= coordinated planning/policy implementation. Waste/ duplication could be reduced.

district attorney:

officer who prosecutes most criminal cases. Few largest counties, office of county attorney abolished+ district attorney's office given the responsibility of handling civil matters + usual task of prosecuting most crime in the county.

ACA also encouraged states to expand Medicaid to cover individuals at or below 138 percent of the poverty level because

paid the extra costs of the expansion for up to three years. 31 states agreed to the Medicaid expansion and nineteen states refused it. individuals at 100 to 400 percent of the poverty level are eligible for subsidies. expanded in Latino communities

county judge:

official elected countywide, 4 y term to preside over the commiss court. admin functions:helping prepare budget proposal in smaller counties; supervising election-related activities(calling elections, posting election notices, receiving/canvassing election results); conducting hearings for beer/wine permits; performing marriage ceremonies; conducting hearings on state hospital admittance for ppl w mental illness; head of civil defense/disaster relief for the county. may have judicial authority in many of the smaller counties.

Exemptions from jury service now severely

older than 70, hsl/college students, primary uncompensated caretakers for invalids,those w legal custody of child 12 y/o/ younger whose service would leave the child wo supervision automatically exempt from jury service( can serve if desired). Other excuses discretion of the judge. Jurors paid $6- $50/day, counties dont have to pay those who only attend court for 1 day and no serve on a jury . At its discretion, county may provide other compensation(transportation reimbursement, free meals, child-care facilities) Tx employers not required to provide paid leave to employees serving as jurors but cant fire employees for serving as jurors.

Limits to home rule

ome rule =wider latitude than gen law cities in day-to-day operations, but subordinate to state authority/subject to its rules governing local govts.

att gen ppt

omment on constitutionality of proposed leg and law enforcement, lawsuits on behalf of the state

Texaprogress in this area.

open meeting laws, prohibit unannounced sessions/splitting up to avoid a quorum, and they require that pub notice be posted for both open/closed sessions. these laws are continuously being tested by some policy makers, who feel more comfortable operating in secret.

Govt officials at all levels may request opinion from attgenl, not legally binding, govyofficials usually follow

opinion is normally requested only after legal staff of another agency/official unable to reach a decision. requests concern difficult qs, and several staff attorneys general consider each q . Only agencies/officials request these opinions, only for official business.

mayor in council manager system

or either selected by council from among its members or independently elected by voters. mayor presides over council meetings, has limited/ no veto power, and same leg authority as members of the council.

fiscal policy explain

ore spending or lower taxes increase the money supply, while lower spending or more taxes decrease the money supply.

hierarchy seldom functions according to

organizational chart. influenced at all levels by legislators, the chief executive, interest groups, and other bureaucrats regardless of the formal lines of authority.

Mayor council govtsq

ost common approach for large cities Mayors enjoy considerable power and autonomy from the city council, which is essentially a unicameral legislature Most autonomous from citu council Houston Originated in 19th cent and MW and NE... mayor powerful

, policy changes at the federal level require cooperation from

other gov until (state and local gov)= difficult across so Manu states . Encouraging all the states to adopt the same policy is not always possible; the federal government may need to step in and implement the policy itself.

main benefit of states serving as laboratories of change

other states can learn about successful programs and copy them or learn what not to do if an experimental program fails( policy diffusion) starts w/ bordering states and local Govs

Gen purpose of govt

overnment given broad discretionary authority by the state government" Do many things. State govt in TX has laws for what local govt should do. These are city and county governments

opponents of social security act

overreach of federal power to take money from individuals only to give it back to them in their later years. anti-poverty subsidies that would be paid directly to lower-income individuals might create a dependency on that payment that would discourage them from securing independent financial security. as the population expands and lives longer, the cost of these programs is unsustainabl

recession

ownturn in economic activity, with declines in employment levels, income, retail spending, and industrial production. President Franklin Roosevelt did during the Great Depression and what President Obama

The act also increased payment levels to doctors who

participate in the Medicaid program and helped senior citizens by closing a loophole in Medicare coverage for prescription drugs

Bc know little about individ candidates= gen elections voters rely on a candidate's

partisan affiliation to determine how to vote. a voter w/ no knowledge of candidates on the ballot cast their vote based on party label (Repub, Demo, Libertarian ) next name on (or cast a straight ticket vote) Common approach in TX for judicial panel .

Plaintiff

party bringing the case criminal: city, district attorney (gov)

supporters for partisan election

party labels = useful cues for voters for how candidate will govern Nonpart: cues from well-financed campaigns. Parties useful bc help narrow field of potential candidates, TX: dozens of candidates sometimes clutter muni election ballots. Parties=more voters and greater pub interest

President Obama and U.S. trade negotiators completed the terms of the Trans-Pacific Partnership with eleven Asian and Pacific nations

pen up their economic borders to allow the imports of goods into their nations in exchange for more favorable trade terms for their products to enter other markets, including the United States

Supporters of mandates:

permit fed/state govts to meet important needs in a uniform fashion. Critics:especillay unfunded=heavy financial burden on the govts that are required to fulfill the obligations they impose.

ombudsman

person serving as an indep official who takes, investigates, mediates complaints about govet bureaucrats/ policy. The office originated in Sweden in the early 19 cent and currently present throughout the US

Part of debate of possible impropriety involves battle btw

plaintiffs' attorneys+defense attorneys in civil cases.

enforce zoning+building codes+new cities not be incorporated w/in their ETJs, allowing cities to

plan growth/ preventing other suburban "bedroom" cities from forming to stop expansion.

criminal case negotiation

plea bargaining, ( result in a deal in which prosecutor and defense attorney agree to lighter sentence/other benefits in exchange for guilty plea) saves state time/$, aprox 3 out of 4 criminal cases disposed of in this way.

all TX city elections are nonpartisan

pol parties dont nominate candidate/officially campaign for them. Advocates of this elections:muni issues transcend traditional party divisions and that party labels irrelevant. 2 parties too polarized+ qualified candidates shouldnt be excluded bc belong to minority party.

2md step

policy agenda of policy makers. Those that make it onto the policy agenda get the attention of Congress, the president, the executive branch agency that deals with the issue, the courts, political parties, interest groups, and interested citizens.

last step and a fter

policy evaluation years later. then, cycle of policy making might begin again with new legislation to adjust the program to make it work better

For laws to be implemented, there must be rules to instruct

policy makers, government officials, organizations, and businesses.

he ACA brings up the larger question of whether major

policy overhauls can be accomplished without bipartisan support in the American federalism structure because states are so vital in the implementation process. Without their full cooperation, it becomes much more difficult for a federal program to succeed.

gov's cooperation essential for an agency bc of chief exec's power to appoint

policy-making boards/ commissions. agency's interests similar to those of its constituency, both want the gov to appoint board members who will advance their mutual pol goals.

Russia, a Communist revolution

political and economic system that used government management of the economy to prevent large concentrations of private wealt. conomic security and equality for all citizens only in SU. Germany aggressor again w/ hitler

when TX RR and why

populist reform 1891. Powers expanded to regulate intrastate wheeled carriers, and in 1917 the oil+ gas pipelines added, followed soon after by the authority to regu oil well drilling + production.authority to reg rr and motor vehicles gradually stripped away,

veto itself is a negative/ reactive, power, the veto threat used

positively/ proactively, to affect the content of bills during the leg process.

Commissioners may possess technical knowledge about city govt bc supervise city deps.

power in the city bureaucracy fragmented among separately elected commissioners=coordination difficult, and checks-and-balances system impaired bc commissioners serve leg+ exec functions commissioners adopt budget for the very deps that they administer.

appellate jurisdiction

powers vested in appellate court to review and revise judicial action of inferior court Do not involve a new trial, rather review of the law as it was applied in the original trial Appeals decided by review of the record (transcript) of the case and respective lawyers' briefs. hearings that deal with proper trial procedure or constitutional rights, Civil procedure often becomes important here

State auditors:

ppraises management changes rec by the commission. reasoned periodic leg evaluation, w/ agency self-evaluation, should=in efficient admin.

burden of proof for civil

preponderance of the evidence: whichever party has more evidence on its side wins the case. innocent until proven. sometimes 51%, more likely than not)

judges of CCA

presiding judge + 8 other judges. elected statewide partisan elections , 6 yr overlapping terms, 3 judges elected every2y. Sometimes more than 3 positions are bc justice has resigned= new judge must be elected to complete the unexpired term. Justices 35 y/o and lawyers/ judges w/ 10 y of experience.

Attgen criminal power relatively narrow bc

primary responsibility for criminal prosecution in TX lies w the locally elected district/county attorney

Skeptics of privatization

private businesses are profiteering @ the public expense bc likely to "cut corners" on services to improve their "bottom line." private businesses arent accountable to the pub bc their internal operations arent well publicized as govt activities.

civil case

private rights and remedies and involves parties/orgs, although govt may not on occasion be party in this case Personal injury siot, divorce case, child custody dispute, breach of contract and conflict over water rights Plaintiff. : Plaintiff: private citizen, business, or government, Seek to determine whether a person was harmed, Payment or cease and desist order as remedies, Defendant may be forced to testify

first step

problem identification

In times of crisis, the president and Congress can enact

programs that target specific problems, as in the case of the auto industry bailout and stimulus package. But more generally, it is the Federal Reserve that has a strong role in setting monetary policy by setting interest rates, which in turn controls the flow of money to businesses and individuals seeking to take out loans.

county treasurer:

receiving, depositing, and disbursing funds. some counties transferred this function to county auditor. treasurer holds constitutional office, but some counties asked leg to propose statewide amendments to abolishoffice in their counties. Gen constitutional amendment to allow county voters to abolish office unlikely, =elimination of this office likely to proceed on a county-by-county basis. Payment for jury duty Custodian money When commissioner court want to spend, they take care Other collections and payments

TX cities designated muni courts as courts of

record, the records of trial from basis of appeal to one of county courts Smaller cities, records not keps and defendant demand new trial in overworked county courts, where most cases such as this are dismissed

clerks

record-keepers for counties. Birth certificates and death, marriage license, run elections and count votes on election night Now county moving voting away from themIncharge of courts Maintain court records, in lawsuit if plaintiff wins case and gets money, then incharge of making sure it is paid Incharge of jury duty

congress passed clear air act

reduce pollution in response to growing public concerns and calls for stricter government control. in order to effectively oversee the government's role in regulating the environment, it became necessary to create an agency with jurisdiction specifically designed to protect the environment

United States normalized trade status with China,

reduced trade barriers. encouraged American producers of goods such as textiles, apparel, steel, and electronics to relocate their production facilities to China

when was this council manager system created

reform movement during progressive. attempting to sub "efficient/ businesslike management" for boss rule,( pols key consideration in city hall decisions) council-manager system seen as separating pols from the admin of city govt

spoils system's defenders

relected official is responsible for employees' performance = should have authority to bring in more employees than those @ top echelon. T an elected official foolish to release competent employees bc th gained their experience under a predecessor.

2nd function of atoner gen

rep state and govt in both civil/criminal litigation. represented state in several suits defending the state's leg districting system+ photo ID reqs for voters while challenging the fed govt on Obamaera EPA regulations/relief to undocimmigrants.abortion, against sam sex marriage in Houston

referendum

repeal existing ordinance can petition the council to hold referendum election to determine whether the law should remain in effect. Ex: Houston voters approved referenda to remove red light cameras + to repeal a nondiscrimination ordinance. S smoking bans in Lubbock+Baytown, but voters in both cities decided to retain the ban. election called by a city council can permit voters to determine whether law will go into effect.

sec of state serves as

repository for official, business, commercial records filed w the office, publishes govt rules/ regs, commissions pub notaries. Governor Perry and Governor Abbott:secretary of state served as the gov's liaison forTX border and Mx affairs and repr Tx at international/ diplomatic events as the state's chief international protocol officer.

Openness further encouraged by the state's open records laws:

require that records kept by the govt be open to the pub for only the expense involved in assembling/reproducing them.

United States and these other nations agreed to a Joint Comprehensive Plan of Action

required Iran to stop its progress toward developing a nuclear bomb for at least ten years and agree to regular inspections by the IAEA. Contingent on Iran's compliance and cooperation, the United Nations agreed to lift existing sanctions on Iran, which enabled it to participate in the world economic arena and gain access to funds that had been frozen by other nations.

onsolidation of local governments challenges.

requires legaction, followed by local voter approval. Indep elected officials@ local level likely to resist move that would eliminate offices +power that goes with them. many cities/counties enter into partnership agreements to provide joint services, city-county consolidation bills have failed to win passage in the Texas Legislature.

To become a fully naturalized U.S. citizen, a green card holder must

reside in the United States continuously for at least five years; be able to read, write, and speak English; pass a citizenship test on the history and government of the United States,pledge support for the United States

Social Security itself is a mandatory

retirement account for all workers that is funded by taxes paid by both employers and workers. amount of Social Security retired workers receive is calculated based on the amount of time they worked while paying into the program; when they retire, they receive a monthly payment directly from the federal government

Merit plan/missori:

selecting judges on the basis of the merit or quality of the candidates and not on political considerations Lesspoliticol

county auditor

reviews county financial records+ensures expenditures made in accordance w/ aw. most county officials elected, county auditor: appointed to 2ty erm by district judges.Makesure not wasting money

Based on all the responses it receives, the responsible agency

revises the preliminary draft regulations and issues final regulations.once again sent to the OMB and then are published in the Federal Register thirty days in advance of taking formal effect.when final draft issued then ready to be ompelmented

Trial by jury in criminal cases:

right guaranteed by the Tx const/ 6th Amendment if accused waives right to trial by jury(tried by the judge), state may demand jury trial in felony cases.

Voters in non-school-district jurisdictions (cities, counties, and special districts)petition for a

rollback election: limit increase in the property tax rate to no more than 8% above required for increased debt service. school districts=ollback election triggered automatically if school board raises taxes more than $0.06/$100 60% of such elections have resulted in tax rollbacks.

TX SC power to establish rules for the admin of justice

rules of civil practice/procedure for courts having civil jurisdiction. makes rules governing licensing of members of the state bar.

Unemployment Insurance,

run by state governments according to federal guidelines; it provides short-term payments to workers who lose their jobs and is funded by taxes imposed on employer

Many businesses moved their production facilities to Mexico

s less expensive to produce goods. These goods could then be sold cheaply in the United States because, under the free trade agreement, no import duties could be charged.

shortcoming of city manager system

s voters dont directly elect the chief exec officer of city.

Tx cities heavily depend on the

sales tax, ( more than a quarter of revenues.) taxes affected by econ conditions, sales tax revenue more sensitive to econ fluctuations than property tax

members of IMF

same set of members as the World Bank, and each member makes a financial contribution to the fund based on its share of the global economy. The IMF has a board of governors, which includes a governor from each member nation, but the daily operations of the fund are overseen by a managing director and a twenty-four-member executive board

Many local gov adopted cumulative voting since 90s, (most school districts)

school districts) Civil rights orgs backed cumulative voting in litigation, adoption it is credited w leading to election of minorities in 2 TX ISD

revenue bonds less secure than gen obligation bonds,

sd residents forced to pay higher interest rates just to service bonded indebtedness. lower bond rating than larger, gen function govts, =increases their borrowing costs.

Admin of the laws in a "neutral" fashion

separation of politics and administration) long been an aim of reformers in American govt. elected pub officials should establish/define a program's priorities, goals/ services. Admins should administer law efficiently/equally to all

Reasons for creating special districts govt

service provided by special district rather than gen purpose govt appealing bc.. (next card), small area w/in a city/county need the service., an attractive option as an alternative revenue source.

Federal Reserve System is led by

seven-member board of governors, each nominated by the president and confirmed by the Senate. Members serve fourteen-year terms, and the president selects the board chair, who serves a four-year term, with the option of reappointment

colonias

severely impoverished unincorporated areas mostly located along the Tx-Mx border that have many problems

who serves the defendant w/ lawsuitt

sheriff. 30 days to file an answer When certified complaint then local law enforcement or process server physically come to house to give you copy lawsuit You version of story is answer

ceremonial powers of mayor in council manager system

signing proclamations+issuing keys to the city to important dignitaries.

property tax rate of gen law cities dep on

size of city Max rate of a is $1.50 per $100 of the assessed value of a city's property. Home rule munis can set property tax rates as high as $2.50 per $100 of assessed value.

weak mayor

small cities (rare in TX bc accountability problem)lacks unified lines of authority bc mayor+ council share admin responsibility.

land area of county gov

some very small and some large. County government includes inside cities, but is most applicable in counties' unincorporated areas Every country in TX has county commissioners court Much like the state government, power in Texas counties is highly fragmented

Commissioners reluctant to give up pol influence individcontrol over road building brings;

some voters like idea of directly electing officers who build and maintain their roads.

Variations of either system may require

specific candidate to live in districts of the city, but candidates still elected by all of the voters in city.

Mayor and council members elected for

specified term by city charter (usually 2 y) Electopms rew candidates receive majority vote, scheduled diff time than state election, and may require runoff of no candidate receive more than 50%

Houston Municipal Courts Fee Schedule

speeding, accidents, traffic regulations, no jail but fine, possession of fireworks (highest)

Mutual accommodation becomes accepted, and client groups speak of "our agency"=

spend time/$ lobbying for it. agency reciprocates by protecting clients w/in admin Bureau nor the special interests are single entities=competition btw special interests and agencies for appropriations= seek allies in the leg branch.

who first oversaw fed role in econ

teddy Rosevelt

l imbalance of information held by the government and what the general public understands poses a major problem for the

ssumptions of a democracy because the people cannot hold the government fully accountable if they are not fully informed. when a president decides to send troops, he or she has to anticipate public reaction and hope that the public maintains its trust and confidence in his or her decision to take such action

Cities cultural changes, (LGBT rights)

state law no prohibit discrimination based on sexual orientation= major cities passed ordinances to protect them

race to the bottom exists when

states compete against each other to reduce taxes, environmental protections, or welfare benefits in order to create incentives for businesses to come to the state or disincentives for poor people to come.When states compete economically with one another, when one state decrease regulations another will too

grand jury no determine guilt/ innocence of accused, rather if is

sufficient evidence to bring the accused to trial.

rally round the flag effect

surge in patriotic sentiment that translates into presidential popularity.6

Critics of at-large elections

sys allows simple majority of voters to elect all council members = interests of minorities in community not rep at city hall.

SC time on deciding which petitions for review will granted(not all appealse heard).

takes only cases it views as presenting the most significant legal issues. state's sc plays a policy-making role in the state.

Cities have used strategy of spoke annexation:

takin in narrow "fingers" of land along highway right-of-way outward from the existing city limits=placing area btw the fingers into their ETJ and reserving right to annex them later.

several large home rule cities adopted more progressive policies when state has become more conservative.

tate respond by passing state laws to preempt /supersede them. Leg made it illegal for cities to reg "fracking" after Denton p outlaw hydraulic fracturing w/in boundaries; statewide regulatory framework for ride-hailing companies to preempt Austin's stricter ordinance setting standards for Lyft and Uber drivers passed "sanctuary cities" bill to override cities' liberal policing policies toward undoc immigrants. state courts overturned some of Houston's antipollution ordinances + policies providing city benefits to same-sex spouses of muni employees.

financial officers

tax assessor-collector, treasurer, auditor.

muni heavily dep on ad valorem property tax:

tax rate is % of assessed value of real estate. community w small tax base, or total assessed value, the local govt limited capacity to raise taxes from this source. "poor" city must set a very high tax rate to provide adequate services. drop in property values= decline in the city's tax base.

Johnson and Great Society

these types of income security programs were expanded to include health care, food security, and expanded housing assistance.

mediation

third party attorney meets with litigants and helps them reach an agreement on their own Meet w/ plaintiff and attorney Works out better for jury Not binding ¡This is very popular, especially since you never know what a jury is going to decide

W/o broad annexation powers, cities suffer as rich residents flee

to low-tax suburbs=core cities w empty neighborhoods + depleted tax base from which to finance essential services

food stamp program

today known as the Supplemental Nutritional Assistance Program, was designed to provide money to low-income families to purchase food and household items and is fully funded through general taxation

Opponents suspect pol contacts/campaign contributions "grease the wheels" for contractors/ that a new kind of spoils

today's new spoils system = practice of contract spoils/ contract patronage( politicians award contracts to their po; supporters+ contributors in the business community. contract patronage system not new, but critics believe become a major pol reason for support of the privatization movement dubbed this practice "crony capitalism.".

many claim special disrtects

too small to be efficient, to low profile to be visible by pub, numerous to be accountable to voters

used by the United States to export both capitalism and democracy.

trade

many critics argue that in conflicts between a state and nonstate actors,

traditional military weapons and strategies are ineffective, and new tools prevent future attacks

special districts can be dissolved when municipality annexes area + provides it w services,

trend Texas and nation has been to proliferation of special district govts, # of special district govts and small size create challenges for sd governments.

Ppl who favor court of record concept point to large amount of revenue lost bc

trial de novo usually result in dismissal of minor traffic cases Opponents of concept argue municipal courts are often operated as means of raising revenue rather than justice

indictment returned by a grand jury referred to as a

true bill. indictment not returned, the conclusion of the grand jury is no bil: grand jury's refusal to return indictment filed by the prosecutor.

proponents of term limtis

ty hall is best governed by fresh ideas and limiting the number of terms for mayors/council members best way to achieve this, Opponents: cities stand to lose experienced, effective council members

President George W. Bush (r) and the Democratic-controlled Congress tried to produce a new immigration reform bill that would give

unauthorized immigrants who were already in the United States an opportunity to become citizens but would, at the same time, discourage future unauthorized immigration. They failed to reach agreement.

medicare

unded through a payroll tax that provided health insurance to people over the age of 65

term limit laws are not

uniform

Bc burea branch of govt that works most directly w constituent interest groups and gen pub, admin agencies gather the info

used by them to determine what laws are needed/ wanted. This info valuable to legs and elected/ appointed admins but may be available only at the discretion of top gov admins. these admins may dispense/ interpret info in a way that benefits their agency or constituent interests during the enactment of public policy

Tx traditionally conservative, pro-business state.

usually reflected in decisions of the judiciary, ( favored big business/professional groups (such as the medical profession))

qualifications of the judges of the statutory county courts-at-law

vary to the statute that established each court. In addition to residence in the county, a court-at-law judge usually must have 4 yr of experience as a practicing attorney/judge.

commissioner and school land board

versees approximately 13 mil acres of public land and mineral rights propertie( Gulf Coast beaches, bays, "submerged") The lease and mineral income from these public lands varies wproduction + price of oil /natu gas, revenues from the leases, rents, and royalties from the pub lands dedicated to Permanent School Fund. Interest /dividend income from this fund used to assist the state's pub schools.

Limited purpose govt

very limited authority or control over its finances and is governed by a set structure" Usually one to two purposes listed. ex: ¡Harris County Flood Control District, ¡Harris County Toll Road Authority (HCTRA), HISD, metro

criminal case

violation of penal law that is prosecuted by the state Lawbreaker punished w/ fine/imprisonment (or both) Action is by state against the accused Can be speeding or murder. Plaintiff: the government, Seek to determine whether a law was broken, Punishment as a remedy. Defendant (accused person) not obligated to testify (5th amendment) Usually defendant does not testify bc gives chance for cross examination

commission system (extinct)

voters elect one set of officials who act as executives+ legs. commissioners, together, are the municipal leg, but individually each administers a city deop A manager/admin assistant may be employed to assist commissioners, but ultimate admin authority remains w/ elected commissioners.

TX cont req county judge elected by

voters for 4 yr term /well informed in the law of the state"(ambiguous stipulation). No require that a county judge possess a law degree.

TX voters asked to cast ballot to choose judges for SCt, CCA, a court of appeals, district courts, county courts JOP.

voters in Harris County mayelect more than 70 judges in election. most voters in Tx are unaware of candidates' qualifications / experience.

user fee popular bc

voters often oppose higher taxes+ believe ppl pay for what they actually use. Cities may charge fees for city-provided electricity, water, sewage, garbage collection, and swimming pools, golf courses, ambulance services. TML found user fees bring in 20% of muni revenue. Permits, business licenses, and inspection fees round out the usual sources of city revenue.

or the first hundred years of the nation's existence, the major source of government intervention in the eco

was taxes (tariffs)rotect domestic industries and to raise revenues.

Tx Association of Regional Councils consists of all COGs in the state

website lists range of services provided by Texas COGs, including: Planning and implementing regional homeland security strategies Operating law enforcement training academies Promoting regional municipal solid waste+environmental quality planning Providing coop purchasing options for govts Managing region-wide services to elderly Maintaining/improving regional 911 sys Promoting regional econ development Operating specialized transit systems Providing management services for member govts

2 reason for creating boards

when travel to Austin was expensive/ time-consuming,= logical to establish board w/ members in Austin. subject matter expertise on the part of the ex officio members is assumed.

Federal Reserve Board also controls the money supply through the discount rate,

which is the interest rate that the Federal Reserve charges other banks on loans. When the discount rate is lower, banks are not able to charge high interest rates on the money they lend to consumers and businesses.

military missions that are publicized, not secret, a president usually enjoys

widespread support if the mission can be clearly tied to preserving national security. In cases in which the United States is attacked on its own soil, support for a military response is even higher

Much like in criminal law, only a very small percentage of lawsuits

will ever actually go to trial; popular alternatives to settling lawsuits include: Sometimes harder to prove, plea guilty for criminal

TX has privatized some of its prisons/ highways and has experimented

with using private companies to determine eligibility for social service programs, some ppl have advocated using publicly-funded vouchers to subsidize private school attendance.

In the early part of our nation's history, Americans chiefly relied on

wood as a source of energy to heat their homes and businesses until coal helped power the second industrial revolution during the late nineteenth century. During the twentieth century, the discovery of oil and natural gas as well as the construction of hydroelectric dams through New Deal projects

voters can, by petition, force council to hold recall election:

would permit voters to remove mayor/ member of the council before the official's term expires.

breifs

written argument prepared by lawyers arguing a case in court that summarize fact of th case, pertinent laws and application of those laws or facts supporting their position)

Tort

wrongful act involving a personal injury or harm to one's property or reputation" Each state has statue how to process lawsuit and for what

first large-scale U.S. involvement in international conflicts on foreign soil wit

wwi. prior fought conflicts mostly within its contiguous geographic borders; Spanish American war and phillipines

welfare benefits

xindividuals seeking benefits move to the most generous states. led states to establish residency requirements for welfare until the Supreme Court prohibited them.=states that want to increase welfare benefits for their own citizens hesitate to do so unless neighboring states also do so, lest they attract an overload of recipients from those other states

tax assessor ppt

¡Mails vehicle registration renewals to your home ¡Assesses and collects property taxes ¡Processes voter registration applications Used to have poll tax Now ,voed function out of this office

ubernatorial appointments TX gov appoints

¡Secretary of State, ¡Commissioner for Health and Human Services ¡Insurance Commissioner ¡Office of State-Federal Relations (Executive Director) ¡Adjutant General to the National Guard ¡~2,800 people who serve on some 300 or so state boards and commissions; one is the Board of Regents for the University of Houston System Chancellor couture reports what this means for the Governor if s/he can't appoint large numbers of executive branch officials

Bc only ⅓ of positions become vacant every 2yr

(barring the resignation/death of a board member), a 1st term gove will have appointed a majority of most boards only in the 2nd ½ of term.

The reg session of the TX Leg takes place every

2 yr btw Jan-late May/early June for 140 days. The leg usually hold a floor debate/ vote on a bill during first 60 days of the reg session if the governor has declared it to be an emergency item.

Legal requirements to become a governor:

30 years of age, american citizens, resident of TX for 5 consecutive years prior to running for election... informal qualifications harder to meet

constitutional requirement:gov State of the State message

@ beginning of reg legislative session.outline for the gov's leg program. Throughout session, the gov may also submit messages calling for action on indiv items of leg receptiveness of leg to the various messages influenced by the gov popularity, amount of favorable pub opinion generated for the proposals, and the gov's pol expertise.

may employ militia, according to

A 4, S7, of the TX Constitution "to execute the laws of the state, to suppress insurrection, and to repel invasions."

state level law enforcement

TX rangers and highway patrol division. under the jurisdiction of the director of the Department of Public Safety (DPS),chosen by the Public Safety Commission. 5 members of the PSC appointed by gov for 6-year staggered terms.

Bureaucratic Concerns

Admin want gov to appoint sympathetic commissioners who share their goals. Making appointments friendly to admin interests=strengthen gov's influence w/ these administrators.

ppt comptroller of pub accounts

Collects all taxes owed to the state What taxed and what rate Like on oil Creates a revenue forecast ¡Forecasts how much money will come in based on economic conditions in the next 2 years, bilenium Tells amount of money they have available for gen purpose spending

Involvement in events

Cheerleaders in Kountze, TX, display banners with Bible verses Background information ¡School superintendent Kevin Weldon prohibits the banners ¡Santa Fe ISD v. Doe (2000) ¡Religious Views Anti-Discrimination Act (2007) Requires schools to treat religion. gov Perry involved how that they were on the side of the cheerleaders (sypmathetic to them and people of f

Leg assiantse serve as liaisons btw

Connect w/ key leg, committee chairs and leg leadership Governor's lobbyists Keep leg infomed and attempt to persuade them to support gov position in leg Success of gov leg program rests in their abilities

appropiation bill

If i vetoed in its entirety, funds for the operation of the govt would be cut off+ special session would be necessary. TX permits the gov a line-item veto: veto provisions related to funding for specific items/ projects w/o killing entire bill.

careers of gov

Successful in business/ law Many have been lawyers Gov probably have record of elective pub service in state gov or other source of name recognition

threat of a veto used to consolidate lobby support for the gov's leg proposals.

Lobbyists may offer support the gov's position on leg if the gov will agree not to veto a particular bill that is considered vital to the interests of their employers/ clients. The gov can thus bargain with both supporters and opponents of leg in order to gain pol allies.

camping funds

Money big factor in any campaign for TX gov Hefty bankroll necessary for serious consideration TX populous and geo vast state and has 20 sep media markets with the top (Houston and Dallas) and expensive advertising (san antonio and Austin) Costs are rising and now cost btw 50-100 million to reach TX voters

how line item effective

Moneynecessary to admin laws; = by vetoing an item/ a category of items=the gov can kill programs/ whole classes of programs. Because appropriations bill usually passed @ end of session=line-item veto virtually absolute. gov cant reduce appropriation for a budgetary item,

Informal powers

Most basically, this means seeking out publicity (think "bully pulpit") Former Governor Ann Richards Discusses Her Relationships with Other Politicians Speculation she can run for president Before died she sat for interview w UT Texas pol prjecy and talked about informal powers and relationship w leg schmoozing : in the video Scheduling and telling her what to dsay Often one of the most important sources of power for a governor

positions of nat issues

Nat politics affords the govr an opportunity to build image for the people back home. giv take positions on pol issues that do not involve TX govt/gov no direct control but ppl can easily identify(foreign policy/national defense)

Obama and national party

TX gov assumed an prominent role than usual, as the most visible and influential Republican chief executive in the country.

how did demo lose power and republicans gain pwoer

Repub primary become a joust vte business oriented centrist conservative candidates and tea party/movement of cernvative candidates (more conservative winning) Marquee event (battle btw conservative and progessice wings), the demo gubernatorial lost luster over pat 2 decades as conservative TX move to repuv who covet party nomination Demo difficult time recruiting top tier gubernatorial candidates

ethnicity and gender if gov

Since TX revolution all gov anglos and males Only female gov before ann richards was Miriam A Ferguson for 2 non consecutive terms Richards was a truly indep woman gov (Fergison husband was gov before her)

TNG comprises the

Texas Army National Guard (18,000 troops) + Texas Air Guard (3,000 troops) funded by the U.S. govt required to meet fed standards and called to active duty by pres. In the event the TNG is nationalized, command passes from the gov to the president.

gov commander in chief of state milites

Texas National Guard + Texas State Guard. appoints (andremove) an adjutant gen: exercises admin control over both units. Gov declare state of emergency ( after a riot/natural disaster) and send these units to keep peace/protect pub property.

Adapting a state budget: a primer The state constitution requires

That the TX Legislature pass a budget for the 2022-2023 fiscal biennium ¡A balanced budget: deficit spending not allowed For america we have a big debt and keep borrowing money Thus, the Legislature cannot allocate more spending than the projected revenue Gov usually just sings off on the budget when leg passes it

Bc legislative sessions are short, many imp bills passed and sent to the gov in final days of reg session.

The gov need take no action on the leg for 10 days when the legis in session (20 days not), so he can wait until the leghas adjourned= ensure veto not overridden. so difficult to override a veto, Thus, the veto gives the gov a strong bargaining position with leg

special session ppt

The governor has the unilateral authority to call an unlimited number of special sessions and set their agendas and lasts for 30 days Can only deal with issues on the agenda by the gov

national party leader

Unless the s governor experiences serious pub relations problems, any candidate from the govr's party who seeks the nomination for president would want the support of the gov of the nation's second populous state.

Since 1929, pardons only allowed following the recommendation of the state Pardons and Paroles Board

Used to be complete power but used to be able to buy pardons, amendment changed Needs pardon need to go to the board to decide if eligible then gov can issue pardon Some think president should have this check

gov compensation

annual salary set by leg (153,750 and contrast low salary of leg) Many elected and unelected state personnel earn more than gov TX Gov Mansion (residence for fam), expense account to keep residence maintained and staffed Has professional staff and security detail w/ offices in capitol building and mansion Good staff needed bc modern chief depends on staff to carry out duties of the office

Gov ability to influence making of gov polcu depends on

background skills and other rolls of persuasion. informal/extralegal powers of office not stated in rules, law, or condition but derived from formal/legal powers in the constitution Weak formal power compared to other states

seldom any leg that does not hurt some and help others, the gov has an opp to use the special session as

bargaining tool. Gov may/not call special session on the basis of some concession/support to be delivered in the future. The supporters/opponents of leg may have to bargain w the gov over the inclusion/exclusion of specific policy proposals for the special session.

gov's ability to affect board policy through appointments not immediate, bc

boards are appointed for fixed six-yr staggered terms that expire @two-yr intervals. gov may fill vacancies in unexpired term, but no remove commissioner appointed by a previous gov

Some admin assistant head exec offices that compile and write

budget recs and manage/coordinate budget activities in the gov office

gov and disaster releif

chief of state=giv often flies over/ visits a disaster area to make a personal assessment of the damage + show the victims that the gov is concerned for their welfare. Then, as a "voice of the people," the gov may make a highly publicized request for fed aid to the area.

Tx gov established an office in the nation's capital:the Texas Office of State-Federal Relations (OSFR). to

cilitate the gov's job of coordinating activities of state agencies and local governments w the nat grant-in-aid programs

oversees/ sets policy for "their" agency. Appointment of consumer advocate could disorient

close relationship that exists btw industry and agency.

ceremonial role is important bc

contribute indirectly to the gov's leadership effectiveness thru increased popularity and prestige. broadens the image as first citizen to that of the first family of TX whenever possible; voters identify w/the gov's fam=gov's spouse is often included in the visual enactment of the office

jurisdiction of local police

county sheriffs/ constables (elected) +city chiefs of police (appointed by city officials). Criminal acts prosecuted either by elected district/county attorneys or by appointed city attorneys. The judiciary, tries /sentences criminals, is elective (except for municipal judges appointed by city officials).

message power

deliver the State of the State message and special messages to the leg derives from state constitution, but formal power of the gov enhanced by visibility of the office. directs at media (informal pwoer)

gov

designated as the chief budget officer of the state. Every other yr various agencies and institutions submit their appropriation requests to the gov's staff+to the staff of LBB. Working from these estimates, the gov and staff prepare a budget that is determined by both the state's estimated income + estimated cost of program proposals. When completed, the budget is submitted to the leg

The constitution gives the gov exclusive power to call the leg into special session and to

determine the leg subjects to be considered during the session.

Both the vetos are negative tools that kill bills/ programs;

dint let the gov= directly shape leg threatening to use these formal powers=the gov persuade the leg supporters of a bill to change content compromise can often be negotiated.

interval function of gov

eremonial duties + rep the state @ meetings w foreign officials and other governors. serves as a member of (or appoints representatives to) numerous multistate orgs + conferences that work to coordinate relations between TX and other state governments. These conferences deal w.civil defense, nuclear energy, ects. sk other states to extradite fugitives from TX law + to grant/refuse like requests from other states.

TSG

established during WW2: serves as backup org when the National Guard called to active duty by pres It cant be called into active duty aprox 2,000 members receive no pay unless mobilized by the gov

staff

everyday duties and more

Types of Gubernatorial powers

executive, Legislative Judicial Military Informal (ceremonial, polling, etc.

OSFR

gov appoints (and may remove) the director of this office. The director serves as spokesperson for state agencies and local governments when their ideas and pov differ from those held by the fed gov Gove request fed aid when state has suffered a disaster, a drought, an econcalamity.

power to fill vacancies =

gov some power over courts. not uncommon for judges to retire/ resign b4 the end of term=gov empowered to fill these vacancies w/ appointed judges, enjoy advantages provided by incumbency in next election, (enhanced name recognition+ fund-raising ability.)

Boards/commissions perform functions:

hiring/firing agency directors + establishing gen agency policies.

four r important elective executive offices

ieutenant gov, comptroller of pub accounts, attorney general, commissioner of the General Land Office) established in same section of the const and legally indep of gov undermining the govr's authority. voters elect many indep executives=plural executive system

Tx lacks pocket veto available to many other chief executives, including the president.

if the executive chooses to ignore legpassed at the end of a session, it dies without ever taking effect. if the Texas gov neither signs nor vetoes a bill, it becomes law. By not signing a bill+ allowing to become law, gov register a symbolic protest against the bill/some of its provisions.

most important appointments to the

indep boards and commissions. members of these boards establish gen administrative and regulatory policy 4 state agencies or institutions and choose the top adminis to carry out policies.

competing interest groups wi/in 1 industry that may bargain

individually w/ gov for appointee who is favorable to their particular vp. appointment to important boards = intense lobbying by special interest groups, gov opportunities to develop support for policies+ secure funds for future pol campaigns.

veto threat

informal power that enhances the gov bargaining power w/ leg=e shape the content of legislation while still in the leg . By threatening veto while bill still being considered by the leg, the gov is often able to persuade legs to reshape bill to meet the gov's wishes.

things state const established that fragments exec power further

lective Railroad Commission of TX, although the State Board of Edu can be elected/ appointed, it too is elected. the TX Leg, by statute, systematically assumed executive functions like budgeting and auditing. also established an independently elected Commissioner of Agri,+created multitude of boards/commissions to admin state laws independent of the gov's direct control.

An effective gov, "goes to the people" only for the

leg considered most vital to the interest of the state or to the gov's pol and financial supporters.

TX gov mil power

limited powers, which are often used in times of natural disasters, etc. TX Governor appoints Adjutant General (currently Tracy Norris) Shortly after the pandemic began, Gov. Abbott deployed the TX National Guard to help staff testing centers and distribute medical supplies

special sessiobs

limited to 30-day duration, but the gov may call them as often as he or she wants. ex:, after Wendy Davis successfully filibustered leg restricting abortion access in a 2013 special session= Gov Perry called a second special session in which the leg easily passed.

gov and law enforcment

little power. Following TX tradition, state's law enforcement power decentralized @ state/local levels.

Planning visions help coordinate

local/regional planning bte councils of gov to bring work of theses juridictions into harmony w/ satte goal Nat and state funds available through gov office to local units of gov for planning

gov possesses broad appointive power over boards/commissions, gov's powers of removal limited.

may remove members of the executive office + few minor admin. Gov also remove, for cause/w/ consent of ⅔ senate, own appointments to boards/ commissions.

Staff manage gov relations w/

media and public, respond to request for interviews, distribute press releases, arrange press conferences and maitn the gov presence on social media Exercise admin control over gov schedule of ceremonial official duties

Legislative Budget Board proposes and submits a budget based on the Comptroller's revenue forecasts

members of LBB: Speaker Phelan ¡Lt. Gov. Patrick ¡Chairs of House Ways and Means and Appropriations Committees ¡Chair of Senate Finance Committee ¡2 more representatives and 3 more senators. like OMB if white house

Gov increasing involvement in leg affairs and public's demands=

more pressures of his time and resources Depends on others for advice, info and assistance when making decision

tools of persuasion

most influential bargaining tools: legislative. Gov use these tools effectively to be successful in office. message power, emergency item, budget pwoer, veto, special session, fact finding

Gov decides elected official administering a law to violate its spirit=

no official way to force a revision of such admin interpretation/ procedures. Gov cant issue directives/orders to state agencies/ remove execu officials who dont abide by gov wishes. ocusing pub attention on the agency/ garnering pub support can gov convince administrator to resign.

leg can consider this even if gov not included in the special session call

non-leg subject, (confirmation of appointments, resolutions, and impeachment,

bargaining for proposal in special session

not open to negotiation if the gov has strong feelings about the proposal and determined to call ( not to call) a special session. If the gov, does think that issue is critical, the attention of the entire state can be focused on the proposal during the special session much more effectively than during the reg session.

can be imeached

ormal charges against public official, Leg equivalent of indictment for improper conduct in office, requires simple majority vote Conviction from senate removes official from office and ⅔ majority vote

not in LBB

ov, LBB does not have to follow the gov budget

exec of presindet

propose budget through OBM and congress decodes if they should fund those priorities, exec orders, appoitnive and removal powers

gov party today

repub Texas was demo after reconstruction but became repivlican in 1960s w/ first repub gov Bill Clements elected in 1978 Since 1996 repib won 144 straight statewide elections (6 gubernatorial terms)

Senators influence appointments from their districts bc

senatorial courtesy tradition allowing senator to reject the gov's appointment of a pol enemy from the senator's district. Other senators show their courtesy to the disgruntled senator by refusing to confirm the appointment pol enemy to board / commission.

gov appoints

some state executives like the secr of state directly. When vacancies in elected executive/hudicial positions, the gov appoints person to fill the unexpired term til next election.

Gov is the official planning officer for

state but coordination and participation affected by state agencies are voluntary

Texas Constitution charges the gov, as the chief executive, w/ broad responsibilities.

systematically denies the gov power to meet these responsibilities through direct executive action.

gov as party cheif

t gov usually maintain de facto leadership of their pol party by virtue of their position as the state's chief executive. The gov's explicit/implicit support is highly valued by leg seeking reelection and by politicians aspiring to statewide, legislative, judicial, or local office.

Interest groups in TX vitally concerned w seeing

the "right kinds" of appointees selected to serve on boards and commissions. Industry interest groups eager to have an industry advocate ( ex-lobbyist/industry executive) appointed to board that oversees/ sets policy for "their" agency.

Gov may use task forces to show

urgent concern for a problem while buying time to study complex, difficult, or controversial policy decisions. Gov Abbott appointed task forces to make recs to deal w difficult, long-term issues (maternal mortality and flood control projects after Harvey)

How biennial revenue estimate works

ust before a regular session of the Legislature, the State Comptroller of Public Accounts provides a revenue estimate for the upcoming biennium

gov most powerful formal tool

veto: allows the gov to stop a bill from becoming law. After a bill both houses in identical form sent to the gov . If signed, becomes law; if vetoes the bill, issues a proclamation and returns it to the leg w/ a message stating the reasons for opposition. Leg power to override the govr's veto by 2/3 but in practice vetoes are usually fin

Texas has ___ governor

weak

2022-2023 forecast

¡$112.5 billion is available for general purpose spending (0.4 percent less than in 2019) Some comes for specific like highway ¡The Legislature must also close a $946 million deficit in the current biennium Budget crisis bc of covid in the ec

vetoes ppt

¡Line-item veto (vetoing only parts of a bill and not the whole thing) is allowed ¡The Legislature can override a veto with a two-thirds vote, but remember sine die Many leg passed during the last weeks=vetos after, then leg lack ability to override No pocket veto (bills neither signed nor vetoed become law)