POLS 207 Unit 2 Exam Review
Bill-Making Process in Texas
6 steps: 1. Introduction 2. Referral 3. Standing committee action (House committees and Senate committees) 4. Floor action 5. Conference committee 6. Governor's signature or veto -The most distinctive roles in the legislative process are those of the leadership.
Describe the main message of Death by Fire
After the man's death, they have gone back to argue that the man may have been innocent
Define Appropriation
An act of the legislature that authorizes executive agencies to spend a specific amount of money.
What is the difference between civil and criminal law?
Civil law is the branch of law that deals with disputes that do not involve criminal penalties. Criminal law is the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishments for criminal acts.
What are coattail effects, and how are they related to gubernatorial elections?
Coattail effects are the effects that a party's leader may have on voting for that party's candidates for other offices. -Legislative races in the least professionalized legislatures are more prone to coattail effects. -Gubernatorial elections, particularly open seat elections, typically are competitive, candidate-centered elections. -Coattail effects are not as prevalent in gubernatorial elections primarily because most of these are off-year elections.
English Common Law
Common law includes the legal traditions developed through court cases going back to England. It is the foundation of our legal system today. It is only applied by the courts when no statutory provisions are relevant or when statutory law must be interpreted. -The foundation of our legal system is a body of judge-made law called English common law.
What is tort and tort reform?
Conduct that causes harm, civil liability -A legal harm caused by civil wrongdoing. -An agreement in which payment of legal fees is rendered upon successful resolution of a case in the client's favor is called contingency fees. -Added compensation for a victim beyond actual costs for medical care and lost wages includes a pain and suffering award. -All of the following are proposals for tort reform: ending the rule of joint and several liability, capping the award for pain and suffering, and restricting the fees that lawyers can charge a victim. (NOT increasing punitive damage awards)
Describe the importance, roles, and assignments of committees.
Conference committees are important when bills are made. -The function of committees in the legislative process is to reduce legislative work to manageable proportions by providing for a division of labor among legislators. -Committee assignments are made by the Speaker of the House and the President of the Senate
What are bill-blocking methods?
Filibuster: In the Senate, it is an extended debate by an individual to block the progress of a bill. In TX, it is limited to topics related to the bill being discussed. They cannot eat, drink, take a bathroom break, sit or lean on anything. They can pause for questions. The filibuster ends after the senator voluntarily yields the floor or 3 violations of rules for decorum & debate. Chubbing is also used in TX: Both chambers can use as much debate time as possible on early bills to run out of time to get to bills they don't like. -If committees simply ignore a bill or fail to schedule hearings on it, they are said to be pigeonholing a bill.
Define gerrymandering
Gerrymandering is redistricting to favor a certain political party -Gerrymandering refers to the drawing of district lines for political advantage. -Splintering: drawing districts that divide and dilute a strong minority, in effect denying it the power to elect a representative. -Packing: drawing districts that concentrate a number of partisan voters into a single district in order to give the opposing party an advantage. -Partisan gerrymanders are drawn to advantage the majority party.
Explain impeachment
Impeachment is the formal charge by the House of Representatives that leads to a trial in the Senate and the possible removal of a state official. A majority vote in the House is required to impeach. A two-thirds vote of the senators present and voting is required to convict. The TX Supreme Court chief justice presides. -Not a legal process but a political process
Describe judicial selection in TX
In TX, we choose judges in partisan elections. Party, incumbency, and fundraising influence these elections. -Judicial decision making differs from legislative and executive decision making because courts must wait until a case is brought before them before before making any policy decision, courts rarely make comprehensive policy pronouncements, interest groups can only access the court through legal procedures compared to other informal tactics at their disposal in the legislative and executive branches. -Partisan elections are more competitive than nonpartisan elections, judicial elections are becoming more politicized, and judicial elections attempt to hold judges accountable to the voters.
What is the difference between safe and competitive elections?
In safe elections, the same party/candidate is elected every time. Competitive elections are less predictable. -The first significant challenge that legislative candidates face in order to be competitive is raising money to finance their campaign. -A highly competitive primary election is often a sign that the winner may be victorious in the general election, competing in an open seat, and running for office in a professional legislature. -Competitive election: an election in which the losing candidate receives at least one-third of the votes. -Incumbents usually win because they enjoy greater visibility and name recognition, they spend a major portion of their time throughout their term campaigning for reelection, and they can provide constituency services.
Define judicial federalism
Judicial federalism is the states courts' authority to interpret their own states' constitutional guarantees to expand upon those in the U.S. Constitution. The authority of a state court to interpret their state constitution and expand guarantees of civil liberties beyond federal protections is known as judicial federalism. -The judicial selection method that allows for a nominating commission to make recommendations to the governor and later requires those nominated to face judgment by the electorate is called the appointment-retention election plan. -Although most states elect their judges, in practice, many judges come to the bench in these states through appointment procedures. -The authority of a state court to interpret their state constitution and expand guarantees of civil liberties beyond federal protections is known as judicial federalism.
What are the functions of legislators?
Legislators use their power to serve their constituents -State legislators are charged with enacting laws, approving the budget, and constituency service -Most state legislators are more educated than the general population. -In recent years an increasing number of state legislators are considering themselves to be full-time representatives.
Describe Baker v. Carr (1962)
Paved the way for one person, one vote -The Supreme Court decision in Baker v. Carr established the concept of "one person, one vote."
What scandals were Perry and Paxton involved in?
Perry consolidated power by streamlining agencies and by replacing them with advisory councils with no rule-making authority. In 2014, Perry was indicted by a Travis County grand jury for abuse of power and coercion of a public servant. Paxton solicited investment clients for a friend and business partner without properly registering for the state. In 2015, he was indicted on 3 felony charges. -Governors sometimes resign when faced with criminal investigations, impeachment proceedings and/or removal from office by the legislature, and subject to a recall election.
Describe multi-member elected boards
Railroad Commission: Regulates the oil and gas industry State Board of Education: Enforced by the Texas Education Agency, sets high school graduation criteria, establishes standards for accreditation, selects public school textbooks, etc. -In states where governors are weak, the constitutional design likely provides for multiple, separately elected state executive officials.
Explain apportionment and redistricting
Redistricting is the process of redrawing election districts and redistributing legislative representatives in the Texas House, Texas Senate, and U.S. House; this usually happens every 10 years to reflect shifts in population or in response to legal challenges in existing districts. It is important in TX because of the single-member districts. -The allocation of legislative seats to specific populations is defined as legislative apportionment. -All state legislative districts are supposed to be drawn in a compact and contiguous manner with fairly equal numbers of voters in each district. -Mandatory reapportionments of the 1960's accomplished increased representation of urban interests, an influx of younger, more educated people into the state legislatures, and an influx of newer, less experienced people into the state legislature. -A majority of state legislative districts are drawn by state legislatures.
Describe the plural executive
Secretary of State: Appointed by governor, conducts voter registration drives, provides media and voters with the latest official election returns. Lieutenant Governor: Power derived from legislative influence, casts deciding vote in Senate when there is a tie Attorney General: Acts as the chief lawyer for the state, issues legal opinions on mainly civil matters Commissioner of the General Land Office: Manager of most publicly owned lands Commissioner of Agriculture: Enforces agricultural laws, administers animal quarantine laws, inspects food, and enforces disease and pest-control programs Comptroller of Public Accounts: Directs the collection of revenues -The lieutenant governor's formal duties are most directly comparable to those of the vice president of the United States. -A formal responsibility for most lieutenant governors includes the role of presiding officer of the state senate. -Attorneys general serve as the chief legal counsel for their states. -State attorneys general have gained considerable notoriety at both the state and national levels with their involvement in civil suits involving consumer fraud. -The state auditor is responsible for the post-audit; state comptrollers are responsible for the pre-audit. -At the state level, the secretary of state is the designated chief custodian of state records. -Direct supervision of the preparation of ballots and certification of election results for the state is accomplished by the secretary of state
Define Privatization
Shifting the production of government services from public bureaucracies to private firms. -Political support for privatization has come primarily from conservatives.
Statutory Law
Statutory law includes laws passed by legislatures. It takes precedence over common law.
What are the top three levels of the Texas court system?
TX Supreme Court: Highest court for civil and juvenile cases TX Court of Criminal Appeals: Highest court for criminal cases, jurisdiction over automatic appeals in death penalty cases District Courts: Major trial courts in Texas; hear all cases that come before them; handle criminal, civil, family, and juvenile cases Appellate Courts: Hear both civil and criminal cases; cases heard by a 3-judge panel; hear only the cases determined to have merit -The specialization of minor trial courts has included the creation of drug courts, small claims courts, and traffic courts. -The largest proportion of state supreme court decisions involve economic cases.
Describe Texas's relationship with the death penalty
Texas has led the nation in the number of executions. Polls show strong public support in Texas for the death penalty. -To obtain a conviction in criminal cases involving the death penalty, petit juries must be unanimous. -Upon reinstatement of the death penalty, states created a two-stage process, one with trial to determine guilt or innocence, and another trial for the penalty phase, mandatory capital punishment for cases with aggravating factors and no mitigating ones, laws that mandated the death penalty if found guilty under specific circumstances.
Regular Session
The TX Constitution specifies that regular sessions of the legislature by 140 biennially in odd-numbered years. Bills can't be voted on until after the first 60 days. -State legislatures may convene in annual legislative sessions, biennial legislative sessions, and special sessions. -Biennial sessions take place every other year.
Define Implementation
The development by executive bureaucracies of procedures and activities to carry out policies enacted by the legislature.
Special Session
The governor may call a special session of no more than 30 days. Since there is no limit to the number of sessions a governor can call, the governor can set the agenda and have a lot of control over what bills are passed. -The constitutional power that allows the governor to spotlight specific issues and pressure the legislature to accomplish something is the power to call a special session of the legislature.
Describe the legislative powers of the executive
The governor's legislative powers include message power, the veto, and the ability to call special sessions. The governor can veto laws through line-item vetoes or post-adjournment vetoes. The governor also has message power because he/she can deliver a message to the legislature at the beginning of the session -Governors have little or no control over many state administrative agencies because agency heads may be independently elected officials -Most governors use line-item veto to veto specific items in an appropriations bill. -The formal managerial powers of a governor include appointment and removal powers, issuing executive orders, and managing crises situations. -The governor's most formidable power and influence over state policy priorities is through control over the state budget.
What is the difference between the patronage system and the merit system?
The power of patronage enables the governor to confer grants, licenses, favors, or political appointments to supporters. The patronage system selects employees for government agencies on the basis of political loyalty and electoral support. The merit system selects employees for government agencies on the basis of competence, with no consideration of an individual's political loyalties or support. -Patronage has been restricted over the years by the institution of the merit system.
Describe the main message of Justice for Sale
There are some main criticisms of campaign finance for judges
What are the current issues with lethal injection?
There was a drug shortage of the first drug used in the protocol. They began using other drugs as a substitute. Oklahoma had some major issues because the drugs they used caused a lot of suffering and did not work effectively. Nitrogen gas presents an alternative, but it is still a theoretical and experimental solution.
What are the backgrounds and qualifications of governors?
Three constitutional qualifications: 1. Be at least 30 years of age 2. Be a U.S. citizen 3. Live in Texas for five years before election Governors have tended to be male, white, conservative, Protestant, middle-aged, and have considerable political experience. -The ability of a governor to meet public expectations is contingent upon the formal powers of the office, the informal powers of office, and the political and cultural norms of a state -The many "hats" a governor wears include chief negotiator, party leader, and opinion leader. -The diplomatic role of the governor in working with all levels of government to reach agreements on public policy is that of chief negotiator. -Focusing media attention on key policy priorities in order to influence the public requires governors to serve as opinion leader. -Over the last few decades, those elected to the governorship have been much more diverse with respect to race, ethnicity, and gender. -Most governors enter office with considerable experience in public affairs. -Adverse economic conditions do less harm to incumbent governors. -Have a lack of foreign policy experience.
What is the difference between trial and appellate courts?
Trial courts originally hear the facts of a case and deliver a verdict. Appellate courts review the decisions of trial courts to determine whether errors were made. -Appeals from the state supreme courts may go directly to the U.S. Supreme Court if the case contains a federal constitutional questions. -Major trial courts of general jurisdiction are used for felonies and important civil suits. -Trial judges have considerable discretion in sentencing.
