PSCI 2306: Second Half Exam Review Terms

Supreme Court Processes Ways to Get on the Supreme Court's Docket

If the Justices decide to accept a case (grant a petition for certiorari), the case is placed on the docket. According to the Supreme Court's rules, the petitioner has a certain amount of time to write a brief, not to exceed 50 pages, putting forth his/her legal case concerning the issue on which the Court granted review. After the petitioner's brief has been filed, the other party, known as the respondent, is given a certain amount of time to file a respondent's brief. This brief is also not to exceed 50 pages.

Criminal Appeals Courts (Texas State Court System)

1 court, 9 judges, final appellate jurisdiction in criminal cases; court of last resort, statewide jurisdiction (1 over civil and juvenile cases and 1 over criminal cases), final appellate jurisdiction in criminal cases, Chief Justice elected to 6-year terms with the same qualifications for office as their counterparts on the Supreme Court

Supreme Courts (Texas State Court System)

1 court, 9 justices, final appellate jurisdiction in civil and criminal cases; court of last resort, statewide jurisdiction (1 over civil and juvenile cases and 1 over criminal cases), final appellate jurisdiction in civil and juvenile cases, Chief Justice elected for 6-year terms of office in partisan state-wide races, members must be at least 35 and either a practicing attorney or judge of a court of record or a combination of both for at least 10 years

Characteristics of the Bureaucracy

1) paid officials (main income) 2) officials have privileges 3) seniority rights and salary increases 4) degrees or vocational training 5) responsibilities rigidly defined by the organization 6) separation of funds & files from their personal ones.; division of labor, hierarchy of authority, written rules and regulations, impersonality, employment based on technical qualifications Max Weber identified six key elements of the ideal bureaucratic organization: 1. specialization 2. hierarchy of offices 3. rules and regulations 4. technical competence 5. impersonality 6. formal, written communications

Overall Trends of Anglos in Texas

72% of population in 1850, 80% of population in 1900, 87% of population in 1950, 61% in 1990, 47% in 2010

Appellate Courts

13 U.S. appellate courts, 179 U.S. appellate court judges, serve for life, appointed by president, courts hearing cases appealed from a lower court, sit "in division," no jury, Texas is 5th circuit; courts that do not try criminal cases but hear appeals of decisions of lower courts; courts that generally review only findings of law made by lower courts; uphold, overturn, remand; courts that review decisions previously made by trial courts- also known as court of appeals

Appellate Courts (Texas State Court System)?

14 courts, 80 justices, intermediate appeals from trial courts in their respective courts of appeals district; presided over by elected judges who serve 6-year terms, judges must be at least 35 years old and have at least 10 years of experience as an attorney or judge in a court of record, size ranges from 3 to 13 judges, they hear cases in 3-judge panels, hear appeals from county courts and district courts within their appellate districts, no de novo hearing (hear criminal and civil appeals from the district courts, but the majority are criminal), litigants submit briefs and present oral arguments

The Great Depression and the Bureaucracy

1929-1939, Stocks move up in 1933-37, governments had effectively made changes to improve the economy; Companies typically downsize in this situations; unemployed people buy less stuff which yields in companies laying off more employees; FDR used government intervention to manage different agencies

Overall Trends of African-Americans in Texas

28% of population in 1850, 20% of population in 1900, 13% of population in 1950, 12% of population in 1990, 11% of population in 2010

District Courts (Texas State Court System)

454 courts, 454 judges, 358 districts containing one county and 96 districts containing more than one county, original jurisdiction in civil actions over $200 (divorce, title to land, contested elections), original jurisdiction in felony crime matters, juvenile matters, 13 district courts are designated criminal district courts, some others are directed to give preference to certain specialized areas; primary court in Texas, some overlap with county courts but have original jurisdiction over civil cases involving $200000 or more in damages, divorce cases, contested elections, title to land or liens, judges elected, attorneys with 4 years of experience, elected for 4 year terms

County Courts (Texas State Court System)

504 courts, 504 judges Constitutional (254 - one court in each county) original jurisdiction in civil actions between $200 and $10000, probate (contested matters may be transferred to District Court), exclusive original jurisdiction over misdemeanors with fines greater than $500 or jail sentence, juvenile matters, appeals de novo from lower courts or on the record from municipal courts of record; $500+ in fines, 1 year in jail, appeals from lower courts, not required to be lawyers Statutory (232 - established in 86 counties) all civil, criminal, original and appellate actions prescribed by law for constitutional county courts, jursidiction over civil matters up to $100000 (some courts may have higher maximum jurisdiction amount); created by legislature, vary in punishment, must be lawyers Statutory Probate (18 - established in 10 counties) limited primarily to probate matters; real estate, mental health committment (division of labor)

Justice Trial Courts (Texas State Court System)

822 courts, 822 judges, established in precints within each county, civil actions not more than 10000, small claims, criminal misdemeanors punishable by fine only (no confinement), magistrate functions; Justice courts established in precints within each county (822), each county in Texas is required to provide at least one Justice of the Peace Court but large counties may have as many as 16, elected to four-year terms from precincts, no formal legal training,

Municipal Trial Courts (Texas State Court System)

917 municipal courts, 1500 judges, criminal misdemeanors punishable by fine only (no confinement), exclusive original jursidiction over municipal ordinance criminal cases, limited civil jurisdiction, magistrate functions; ordinances and misdemeanors, no civil cases, majority of cases have to do with traffic, 4 year terms

The Law

A body of enforceable rules governing relationships among individuals and between individuals and their society, rules made by parliament and enforceable by the courts; a system of rules that a particular country recoginzes and may enforce by the imposition of penalties

The Bureaucracy Problem

A collection of incentives and constraints facing those working to make government more efficient. They include accountability, equity, responsiveness, efficiency, and fiscal integrity; Impossibility of tasks, difficult measuring performance, it's slow to change, Red Tape(regulations that make it hard to get things done), and expansionary tendencies; The three-way alliance among legislators, bureaucrats, and interest groups to make or preserve policies that benefit their respective interests is known as an Iron Triangle

Council of Governments

A cooperative agency consisting of representatives of local governments in a metropolitan area in the United States; councils in many areas of the country where officials from various localities meet to discuss mutual problems and plan joint, cooperative action; association of officials from various localities that facilitates discussion of mutual problems and planning joint, cooperative activities; regional authorities that coordinate activities in specific areas to facilitate implemented policies at local level, comprised of mostly elected officials (mayors/community members), all of county representatives meet together to coordinate policies

Mootness

A criterion used by courts to avoid hearing cases that no longer require resolution; screen cases that no longer require resolution; the irrelevance of a case by the time it is received by a federal court, causing the court to decline to hear the case

Hatch Act

A federal law prohibiting government employees from active participation in partisan politics; federal statute barring federal employees from active participation in certain kinds of politics and protecting them from being fired on partisan grounds; the 1939 act to prohibit civil servants from taking activist roles in partisan campaigns. This act prohibited federal employees from making political contributions, working for a particular party, or campaigning for a particular candidate.

Government Corporations

A government agency that operates like a business corporation, created to secure greater freedom of action and flexibility for a particular program; businesses established by Congress to perform functions that private businesses could provide; A government organization that, like business corporations, provides a service that could be provided by the private sector and typically charges for its services. The U.S. Postal Service is an example.

Independent Agency

A government entity that is independent of the legislative, executive, and judicial branches; federal board or commission that is not part of any cabinet department; agency that is not part of a cabinet department

Appointment Powers

A governor's ability to pick individuals to run state government, such as cabinet secretaries; The authority vested in the president to fill a government office or position. Positions filled by presidential appointment include those in the executive branch and the federal judiciary, commissioned officers in the armed forces, and members of the independent regulatory commissions; No one but the President can appoint a superior officer, but Congress can give the President, Department Heads or Judges the power to appoint an inferior officer; no judges are appointed, governor appointment power is limited by the terms of boards and commission members overlapping to reduce the power of the governor (terms are staggered), appointments to some boards in commissions are made from lists supplied by members of professional organizations and associations so governor has to choose from official list, senatorial courtesy is when a Senate blocks the governor's nomination of a person who lives in a senator's district

Mugwumps

A group of renegade Republicans who supported 1884 Democratic presidential nominee Grover Cleveland instead of their party's nominee, James G. Blaine; a person who remains aloof or independent, especially from party politics; Republican Party activists who had switched to the Democratic Party because they did not like the financial corruption that was associated with the Republican candidate James G. Blaine in 1884.

Criminal Law

A law that defines crimes against the public order; concerned with the punishment of those who commit crimes; codes of behavior related to the protection of property and individual safety

Civil Law

A law that governs relationships between individuals and defines their legal rights; concerned with private relations between members of a community rather than criminal, military, or religious affairs; a written code of laws

Common Law

A legal system based on custom and court rulings; based on precedent and customs; (civil law) a law established by following earlier judicial decisions

Home Rule City

A municipality with a locally drafted charter; the power to set up its own system of governing; a city permitted by the state to let local voters frame, adopt, and amend their own charter; a city with more than 5000 people, home rule charter for local self-government with more power, free to choose their own form of municipal government, choose between large or small city council, fix terms of office for council members, decide on election methods for mayor, creation of board of conditions which is important for city functioning; can do anything not forbideen by the state

Judical Restraint

A policy that the Supreme Court should avoid questions related to polites or socal questions; A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures; a theory of judicial interpretation that encourages judges to limit the exercise of their own power

Solicitor General

A presidential appointee and the third-ranking office in the Department of Justice. The solicitor general is in charge of the appellate court litigation of the federal government; Justice Department officer who argues the government's cases before the Supreme Court; The fourth-ranking member of the Department of Justice; responsible for handling nearly all appeals on behalf of the U.S. government to the Supreme Court., representing the government and the executive branch before the Supreme Court

Federalism

A system in which power is divided between the national and state governments; the federal principle or system of government; a form of government in which power is divided between the federal, or national, government and the states

Spoils System

A system of public employment based on rewarding party loyalists and friends; the practice of a successful political party giving public office to its supporters; the system of employing and promoting civil servants who are friends and supporters of the group in power

Commissioner of the General Land Office

An elected official who manages the state's public lands and administers the Veterans Land Program, which provides low-interest loans to veterans for the purchase of land and houses; as head of Texas's General Land Office, this elected constitutional officer oversees the state's extensive landholdings and related mineral interests, especially oil and gas leasing, for the benefit of the Permanent School Fund; 22 million acres of public land (public education use), Veteran Lands Program, environmental programs include plans for dealing with oil spills and a programs to protect Texas beaches from erosion

Independent State Grounds

Allow states, usually under the state constitution, to expand rights beyond those provided by the U.S. Constitution; allow states to provide more state constitutional protections than does the US constitution, expand rights beyond the constitution (additional powers);

Judicial Activism

An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court); A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process; philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.

Federal Register

An official document, published every weekday, which lists the new and proposed regulations of executive departments and regulatory agencies; A publication of the U.S. government that prints executive orders, rules, and regulations

Habeas Corpus

An order to produce an arrested person before a judge; Constitutional protection against unlawful imprisonment; a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

Judicial Selection in Texas

Appointment by the executive "for life" for all federal judges; means by which judges are selected for the bench, to include election, a nominating commission, or a hybrid of these methods; balance accountability and independence;

Constitutional Guarantees to States

Article IV makes certain guarantees to the states that must be enforced by the federal government, Among these are a republican form of government, protection form foreign invasion, restoration of order if the state is unable to do so; republican form of government, protection from foreign invasion, restoration of order; reserved powers from the 10th amendment; policing powers include regulating crime, marriage, education, hospitals, and roads and control of local government and power to tax and spend Federal government obligations to the states include territorial integrity, republican form of government, representation in congress, protection against foreign and domestic violence, role in presidential elections, role in constitutional amendment Relations among states include the commerce clause (article 1, section 8, clause 3), full faith and credit clause, privileges and immunities clause

The Rule of Four

At least four justices of the Supreme Court must vote to consider a case before it can be heard; Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case; The Supreme Court will hear a case if four justices agree to do so.

Jurisdiction (Mandatory or Discretionary)

Both fall under the appelate court however, mandatory jursidiction involves the appeals court must hear every appeal that originates from the courts within its purview. This doesn't mean that it reviews every decision the lower courts render, but if a party to any lower court decision submits an appeal, it must review it while the discretionary court when an appeal is submitted by a party involved in a lower court's decision, they can choose to accept or deny the appeal. If they deny, then the last decision rendered stands, and there are no more appeals possible within that court system.

Bureaucracy and Regulation

Bureaucracy is organized through cabinents, subsidiary departments and agencies, independent agencies; Bureaucracies makes laws and agencies develop regulations; set up rules that guide employees of agencies; post proposed rule on the federal register, but only lobbyists pay attention

Greg Abbotts Recommendations to Return

Congress can't regulate activites that occur inside of the states, require Congress to balance its budget, prohibit adminstrative agencies from creating federal law and preempting state law, 2/3 of state to override supreme court decision, 7 justice super-majority vote for U.S. supreme court, limting the federal powers to only those found in the constitution, states have power to sue federal offices, 2/3 of states to override federal laws

Bureaucratic Growth

Congress uses authority to enact laws regulating interstate commerce, to prevent business monopolies, control the exploitation of child labor, improve dangerous working conditions, deal with problems created by industrialization

What are the advantages of the bureaucracy?

Congress writes and implements laws and regulations that are very broad and deemed neccesary and proper; laws are created by offices; interaction with the bureaucracy is frequent like the USDA (prevents tainted meat) and the EPA; efficiency, predictability, productivity, and enlightenment

National Supremacy Clause

Constitutional clause that states that federal law takes precedence over all other laws; Part of Article VI, Section 2, of the Constitution stating that the Constitution and the laws and treaties of the United States are the "supreme Law of the Land," meaning national laws take precedence over state laws if the two conflict; Article VI of the Constitution, which makes national laws superior to state laws

Implementation of Laws through Regulation

Determine how to administer and enforce laws; hands out laws that are implemented to other agencies, they know how to implement laws like the IRS and the Treasury Department

Organization of the Federal Courts

District, Circuit Court of Appeals, Supreme Court

Independent Regulatory Agencies

Federal regulatory agencies that are independent, thus not fully under the power of the president. Ex. Federal Trade Commission, Securities and Exchange Commission; Agencies with quasi-judicial responsibilities that are meant to be carried out in a manner free of presidential interference; a government agency responsible for some sector of the economy, making and enforcing rules to protect the public interest. It also judges disputes over these rules.

Marbury v. Madison (1803)

Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court; William Marbury was appointed judge by John Adams and sued John Madison who was Thomas Jefferson's secretary; can't ask the Supreme Court to do something against the Supreme Court

Formal Qualifications to be a Senator or House Representative

For a House representative you have to be 21 or older, qualified voter, resident of state for two years, resident of district for one year; for a Senate representative you have to be 26 or older, qualified voter for five years, resident of district for one year

Fiscal Policy

Government policy that attempts to manage the economy by controlling taxing and spending; the use of government spending and revenue collection to influence the economy; a government policy for dealing with the budget (especially with taxation and borrowing)

Moralistic Subculture

Government viewed as a positive force to achieve a common good for all citizens; encourages government involvement in social and economic issues; A view that government's primary responsibility is to promote the public welfare and should actively use its authority and power to improve the social and economic well-being of its citizens; New England Puritanism (the right and wrong in politics); morality is a key concern, citizen participation is encouraged, corruption isn't tolerated because government is seen as a public service, bureaucracy is favorable, (California, Washington, Minnesota)

Six Big Problems of Bureaucracy

Impossiblility of tasks, difficulty measuring performance, expansionary tendency changes, slow to change, red tape, the iron triangle

Key Reforms of the Progressive Movement

Initiative, referendum, recall, direct primary, 17th Amendment, australian ballot, primary elections, and civil service reforms

Bureaucracy and the Constitution

It's not in the Constitution; Article 1 Section 8 says that bureaucracy is necessary because it regulates interstate commerce, collection of revenues, protection from foreign and domestic threats, and a uniform court system to settle disputes; Article 2 says that the president may require different departments to report directly to the president; Congress will pass laws and the heads of departments are appointed by president

Attorney General (Texas)

Ken Paxton, elected every 4 years, Chief lawyer of Texas, Attorney General supports state's agenices in legal matters (primarily civil not criminal justice, legal matters from consumer protection to organized-crime control, issuing opinions on constitutionality of proposed laws or regulations, serve as chief legal officer)

Statutory Law

Law passed by the U.S. Congress or state legislatures; enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law); legislative acts declaring, commanding, or prohibiting something

Stare Decisis

Let the decision stand; decisions are based on precedents from previous cases; a Latin phrase; most cases reaching appellate courts are settled on this principle.

Budgetary Powers

Line item veto, budget creation; limited formal influence in the process; The ability of a governor to formulate a budget, present it to the legislature, and execute or control the budget; prepared by governor's Office of Budget and Planning and Policy, Legislative Budget Board used as starting point for negotiations

Amicus curiae Briefs

Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case; "friend of the court" brief filed by an interest group or party to influence a Supreme Court decision

City or Municipality

Local governments have no authority under the U.S. Constitution, local government have a lot of influence in our daily lives; 1209 municipality (city) units

Magistrate Courts

Lowest; Misdemeanor, jail time or big fine, serve 8 year terms, 560 U.S. Magistrates, Police courts generally located in larger towns, may handle traffic violations, civil cases involving small amounts of money, etc; what court usually hears minor cases and civil cases involving small sums of money

Departments

Major administrative units with responsibility for a broad area of government operations. Departmental status usually indicates a permanent national interest in a particular governmental function, such as defense, commerce, or agriculture; one of the major subdivisions of the federal government, represented in the president's cabinet; the biggest units of the executive branch, covering a broad area of government responsibility. The heads of the departments, or secretaries, form the president's cabinet.

Overall Trends of Asian-Americans in Texas

NA in 1850-1950, 2% of population in 1990, 5% of population in 2010

Overall Trends of Hispanics in Texas

NA in 1850-1950, 25% of population in 1990, 37% of population in 2010

Factors Shaping the Political Culture of Texas

No single Texas political culture has emerged (traditionalistic overrides individualistic in East Texas, individualistic overrides in the rest of Texas); traditionalism is the long-history of one-party dominance in state politics, low level of voter turnout, social and economic conservation; individualism is the support for private business, opposition to big government, faith in individual intitiative Known for migration patterns, legacy of political independence, influence of the Old South (East Texas), influence of the frontier (isolation), religious fundamentalism ("bible belt", public drinking), hard work, oppose labor unions

Private Contractors

Private companies that contract to provide goods and services for the government; non-governmental workers hired by the federal bureaucracy to provide goods and services in support of federal activity; a natural person, business, or corporation that provides goods or services to another entity under terms specified in a contract or within a verbal agreement.

Plaintiff

One who begins a lawsuit; a person who brings a case against another in a court of law; petitioner (in court of law)

Types of Supreme Court Opinions

Opinion of the Court (majority opinion) - the decision of the Court in a case; includes the rationale for the decision Concurring opinion - written by Justices who agree with the outcome of the court's opinion, but not the rationale Dissenting opinion (minority opinion) - written by Justices who disagree with the majority decision Plurality opinion - when five justices cannot agree on a single majority opinion, this is the opinion that is joined by more justices than any other opinion in the case Per curiam opinion (unsigned opinion) - drafted by one more members of the majority and published as the court's opinion Memorandum Order - announces the vote without giving an opinion

Powers of Presiding Officers

Power that is highly centralized in two people, the speaker of the House and Lt. Governor, they appoint the chairperson and every person in each committee and contain institutional power; significant because its shows how the Governor himself is weak and has to share his power; Appoint committee members, committee chairs, and refer bills to committees, schedule legislation for floor votes, recognize members on the floor for amendments, etc., interpret procedural rules Both have procedural powers in which they can conduct committee membership, conference committees, committee chairs, referral, scheduling, recognition, and rules of procedure (debate or no debate), Lieutenant Governor is more powerful

Congressional Oversight

Power used by Congress to gather information useful for the formation of legislation, review the operations and budgets of executive departments and independent regulatory agencies, conduct investigations through committee hearings, and bring to the public's attention the need for public policy; a committee's investigation of the executive and of government agencies to ensure they are acting as Congress intends; The United States Congress has the authority to conduct hearings, investigations, and budget reviews of the actions by the executive branch.

Informal Powers

Powers not directly granted by law. The governor's informal powers may follow from powers granted by law but may also come from the governor's persuasive abilities, which are affected by the governor's personality, popularity, and political support; powers of the governor not derived from constitutional or statutory law; the things a governor is able to do, such as command media attention and persuade party members, based on personality or position, not on formal authority; pre-session bargaining with legislators (personality is most effective, taking someone out for lunch), messaging power to attract media attention and mobilize his supporters under certain policy initiative, chief of state acts as a ceremonial role (POTUS comes to Texas), chief intergovernmental diplomat acts as a representative of Texas in negotiation with other states and federal government

Franklin Roosevelt

President of the US during Great Depression and World War II; 1933-1945, Democrat, "forgotten man," broke two term rule, platform - prohibition, help farmers, prevent fraud, balanced budget, decrease public spending, third election - two groups: "Defend America by Aiding the Allies" and "America First"

Line Item Veto

Presidential power to strike, or remove, specific items from a spending bill without vetoing the entire package; declared unconstitutional by the Supreme Court; an executive's ability to block a particular provision in a bill passed by the legislature; the power of a president, governor, or other elected executive to reject individual provisions of a bill.

The Rule of Law

Principle that the law applies to everyone, even those who govern; the restriction of the arbitrary exercise of power by subordinating it to well-defined and established law; "No one is above the law"

Progressive Movement Reforms

Progressivism was a period (late 1890s to the Great Depression) marked by an increase in special interest politics, particularly related to efforts to reform society, the economy, and the political process. Reform was concentrated in urban areas and in industry because that was where the majority of the corporations and those versed in social engineering were located. Reform efforts of the era did foster change. For instance, following the Galveston Hurricane in 1900, people were hired to rebuild the city based on their knowledge of city planning, not because of political connections. Drug inspection and labeling began, child labor laws and minimum wage measures were considered, and women's rights gained attention. However, reform attempts to make society more organized and rational also led to increased segregation and discrimination; state laws requiring children to go to school, kindergarten programs helped social and problem solving skills; a political movement to reform the political system- both government and electoral process- as a means of reducing influence of political parties

How many state senators and representatives are in Texas?

Representatives are 150 (2-year terms), senators are 31 (4-year terms), selection in November general election

Court Vote Options

Reverse (relieve lower court's decision), affirmed (agree with lower courts), remanded (a case can be set back for a new trial)

County Judges

Sometimes elected; the person in each of Texas's 254 counties who presides over the constitutional county court and the county commissioner court, with responsibility for the administration of county government; some county judges carry out judicial responsibilities; preside over the commissioner's court; elected countywide, judicial-administrative functions, presides over commissioner's court (form of government for counties)

Independent School Districts

TX has 1,025, more than any other state basic structure for local control voters elect 7/9 members for either 3/4 yr terms, these trustees set the districts tax rate and determine school policies w/in the guidelines est. by the TEA, most important decision is hiring a professional superintendent, most educational decisions are made independent of general government; school districts that are not attached to any other unit of government and operate schools in Texas; in charge of overseeing the operations of K-12 education, provide for general policies that are established by the state and state commission on public education, state school board send regulations to independent school districts to implement policies, set their own tax rate

Removal of Judges

Texas Supreme Court removes any judge, district judges remove county and JOP justices, code of Judicial Conduct, Commission on Judicial Conduct; Impeachment; The Texas Supreme Court can remove any judge from office. District judges may remove county judges and justices of the peace; State Commission on Judicial Conduct - reprimand, discipline, or remove judges; State Bar of Texas (disbar a Texas), impeachment (removal), Supreme Court (power to remove unfit judges), District Court (removal of Justice of Peace and municipal courts), State Commission on Judicial Conduct (reprimand and remove judges)

Characterisitics of a City

Texas is one of the most urban states in the nation, 80% live in cities, they're the foundation of our democracy,

America to Proper Constitutional Footing

Texas wants to limit power of the federal government to legislate in certain areas, states should have more power and independence than the federal government to legislate for themselves

The Myth of Nonpolitical Judiciary

That they use neutral, impersonal criteria to make decisions. Rule purely on the basis of fairness and established principles. The idea that courts are neutral because they are not directly involved in political decision, subscribed by most Americans; judges often allow their judicial and political philosophy to dictate their bench manner

19th Century Bureaucracy

The Pendleton Civil Service Reform Act of 1883 established a civil service system; career bureaucrats and appointees were to be hired and promoted based on merit; Patronage appointments are still common for the purpose of ensuring that the president can select members of the cabinet; The Senate prioritizes delay and partisanship when it "advises" the president concerning executive branch appointments; economy rose and fell in line with oil prices in the 19th century

20th Century Bureaucracy

The Progressive Movement was in still in place during this time to undo the spoil system; Reform movements of the early 20th century demanded that government regulate child labor, food processing and packaging, and working and living conditions for the laboring classes; Franklin Roosevelt's New Deal meant bigger government, since agencies were needed to administer his many programs. With the American entry into World War II in 1941, the needs of the war elevated the number of federal agencies and employees even more; After World War II ended in 1945, the total number of federal employees decreased significantly, but still has remained at levels between about 2.5 and 3 million; WW2 provided jobs and business friendly climate, economic disaster in 1980s, economy was back to normal in 20th (1990s) century, 1994 NAFTA

Administrative Discretion

The authority of administrative actors to select among various responses to a given problem. Discretion is greatest when routines, or standard operating procedures, do not fit a case; Authority given by Congress to the Federal bureaucracy to use reasonable judgment in implementing the laws; the ability of bureaucrats to make choices concerning the best way to implement congressional or executive intentions

Administrative Law

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities; regulates the operation and procedures of government agencies; created by administrative agencies in order to carry out their duties and responsibilities.

State Sovereignty

The concept that states have the right to govern themselves independent of the federal government; the state has the political power to govern itself rather than the federal government; when ultimate political power resides in the state rather than the federal government

Commissioner of Agriculture

The elected official, whose position is created by statute, who heads Texas's Department of Agriculture, which promotes the sale of agricultural commodities and regulates pesticides, aquaculture, egg quality, weights and measures, and grain warehouses; regulates agriculture, adminsters some consumer protection laws (packaging and labeling), supports agricultural research and educational programs, certifies gas pump to measure the right amount of gas into a car

The Four C's of Texas

The four c's are cotton, cattle, crude, and chips; cotton was fertile in East Texas and easy to cultivate, big part of confederacy, by 1880s Texas was largest producer of cotton, transported it on railroads, used slaves because it was labor-intensive and shifted to sharecropping, 50% of world's cotton comes from Texas; cattle in 1530s, longhorn is popular, king ranches were established, dominated over a century and operated in agribusiness, largest cattle in Texas, cotton and cattle led to expansion of railroads and greatly affected Texas's economy in the 19th century, railroad commission standardized weights and measures; crude in 1901 included Spindletop and dominated state's economy, could be used for medicine, Texas evolved into industrial society, refineries converted crude oil into petroleum and chemical goods, automotives emerged, a common pipeline and share the cost to be more efficient, economy rose and fell in line with oil prices in the 19th century; WW2 provided jobs and business friendly climate, economic disaster in 1980s, economy was back to normal in 20th (1990s) century, 1994 NAFTA; microchips leads to technological innovation, NASA is based in developing technologies for space flight, hitech companies employ larger percentage of technical and managerial personel, educational infrasturcuter leads to a boost in economy

Traditionalistic Subculture

The idea, most prevalent in the parts of Texas most like the Old South, that government has a limited role concerned with the preservation of the existing social order; the belief that government should be dominated by political elites and guided by tradition; an approach to government and politics that sees the role of government as the preservation of tradition and the existing social order; rooted in southern plantation culture and the patron system of northern Mexico (strong patronage systems), focused on tradition and maintaining existing social order (racial and social hierarchy), participation in politics is a privilege, politics was for and by established wealthy families, (Texas, Arizona, Florida)

The U.S. Legal Culture

The law, rule of law, code law (codes-legislatures, no precedence, inquisatorial), and common law (stare decisis, precedence, adversarial system)

Judicial Powers

The powers to interpret laws, to determine their meanings, and to settle disputes in society; Are placed in the Supreme Court and lower courts as deemed necessary by congress. Specific to Supreme Court: redress, diversity jurisdiction, subject matter jurisdiction dealing with federal law, precedent, stasis decisis; clemency towards convicted criminals like 30 days of execution for a condemned murderer, modify sentences for treason, remit fines and restore licenses, revoke parole or conditional pardon individuals, but must have the recommendation from the Board of Pardons and Paroles (plural executive)

Presidential Oversight

The president controls the agencies' budget access. President appoints heads to departments and can issue executive orders; Appoint the right people, issue executive orders, cut an agency's budget, reorganize an agency; where president chooses cabinet members to overlook each major department in the government

Redistricting

The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population; The drawing of new electoral district boundary lines in response to population changes; redrawing of congressional district boundaries by the party in power of the state legislature

Why negative views of bureaucracy

There is a lack of trust in "big government," need to downzise its resources, don't provide enough information about what bureaucracy is doing, ONLY LIKE IT WHEN IT BENEFITS US; shut down federal government

Single Party (Changing Patterns of Texas Politics)

This system has one political party, No other parties have a role in the government, and it may be illegal to form or join them, Examples: China, North Korea Political culture was once defined by party domination, Democratic party dominated Texas for over a century, GOP dominates Texas politics, Democrats haven't won statewide office since 1994, Democrats remain popular in Texas cities (rural communites decrease)

Strong Mayor Council Model

adminstrative appointed powers comes from full-time mayor that presides over meetings in the city council, appoint head departments (can remove a police chief), boards of commissions, handles and executes city budget, high salary to be devoted to office, offical budgetary staff to help, power to veto in the mayor, mayor holds all the power while city council provides feedback

Privatization

To change from government or public ownership or control to private ownership or control; process of converting government enterprises into privately owned companies; a change to private ownership of state-owned companies and industries

Jurisdiction (Hierarchy)

Trial courts, appellate (might overule trial courts), court of last resort (supreme court)

Formal Requirements of Governor

U.S. citizen, 30 years old, Texas resident for 5 years, elected in statewide election, four year term of office with no term limits Wealthy or have connections to wealthy people

Business Dominance (Changing Patterns of Texas Politics)

Unions are mostly absent, consumer and environmental concerns not especially influential; business groups are major players in Texas politics, in terms of campaign contributions, organized interest groups, and lobbyists major players in Texas politics, give large sums in campaign contributions, organize PACS, pay lobbyists

Minor Trial Courts

Usually called County Courts. Roughly 90% of the criminal case workload is handled by the minor trial courts. Typical jurisdiction includes initial appearances, preliminary hearings, misdemeanor trials, traffic and parking cases, civil cases involving less than $51,000 (Nebraska), often serve as the local juvenile court; the lowest level of courts, often referred to as 'trial courts of limited jurisdiction; Municipal courts, police courts, traffic courts, family courts, small claims courts; usually concerned with traffic cases, small claims, divorces, child custody, juvenile offenses, and misdemeanors

Jurisdiction (Geography)

Where was the issue taking place?

Supreme Court Method of Decision Making

Writing and filing briefs, oral argument (30 min to argue cases), conference, tentative vote (supreme judge writes opinion if they're on the majority), opinion assignment, writing the opinion (changes the political norms), and ruling is published (decision is final)

Regulatory Agency

a department, bureau, or independent agency whose primary mission is to impose limits, restrictions, or other obligations on the conduct of individuals or companies in the private sector; executive agency responsible for enforcing laws pertaining to a certain industry, the agency writes guidelines for the industry, such as safety codes, and enforces them through methods such as inspection; a governmental agency that regulates businesses in the public interest

Provincialism (Changing Patterns of Texas Politics)

a narrow, limited, and self-interested view of the world often associated with rural values and notions of limited government; the way of life or mode of thought characteristic of the regions outside the capital city of a country, esp. when regarded as unsophisticated or narrow-minded, narrow-mindedness, insularity, or lack of sophistication: the myopic provincialism of women's studies, concern for one's own area or region at the expense of national or supranational unity. narrow view of the world once defined Texas, associated with Jefferson notions of limited government and rural values, low spending on social services and education, intolerant of social hierarchy challenges (diversity)

District Attorney

a public official who acts as prosecutor for the state or the federal government in court in a particular district; prosecutes the more serious criminal cases in the district court; responsible for prosecuting criminal cases, infractions on the federal level

Amateur Legislature

a term used to describe a state legislature that does not meet most of the year, whose members are not well paid and who do not regard being a legislator as their main job, and that lacks a sizable staff; state legislature that provides low pay and support to their members. sessions are generally short and members have other jobs; it's in the Constitution, when there's an emergency the legislature can be called back, not professionals because it's not full-time "Citizen Legislators" Meet for 140 days every other year, (30 days, cost is 1.7 million dollars) Typical turnover rate of 20-25% Low compensation: $7,200/year (same salary since 1975, salarys is low compared to other states but not as worse as Florida and Georgia) Fringe benefits = $132 per diem Travel reimbursements Retirement benefits (after 12 years of service)

The Progressive Movement

aimed to restore economic opportunities and correct injustices in American life; (1901 -1917) formed by Midwestern Farmers, Socialists, and Labor Organizers -attacked monopolies, and wanted other reforms, such as bimetallism, transportation regulation, the 8-hour work day, and income tax; an early 20th century reform movement seeking to return control of the government to the people, to restore economic opportunities, and to correct injustices in American life

Revenue Agency

an agency responsible for collecting taxes. Examples include the Internal Revenue Service for income taxes; the U.S. Customs Service for tariffs and other taxes on imported goods; and the Bureau of Alcohol, Tobacco, Firearms and Explosives for collection of taxes on the sale of those particular products

Lieutenant Governor

an elected official serving as deputy to the governor of a state; A state official second in rank to the governor; the executive officer of a state who is next in rank to a governor and who takes the governor's place in case of disability or death. elected statewide in partisan elections, they're the senate majority leader, 4 year term, major political force, appoints committee chairs, manages flow of legislation, in charge of what and when bills get heard, they can also have power to kill a bill before it reaches the Senate,

Plural Executive

an executive branch with power divided among several independent officers and a weak chief executive; an executive branch in which power is fragmented because the election of statewide officeholders is independent of the election of the governor; The governor, elected department heads, and the secretary of state, as provided by the Texas Constitution and statutes wield executive authority (final point in decision-making); Railroad Commission, State Board of Education, Lieutant Governor; Office of the Governor can be the final point of decison-making

Defendant

an individual or group being sued or charged with a crime; an individual, company, or institution sued or accused in a court of law; In a criminal action, the person or party accused of an offense.

Texas Political Culture

an overall set of values widely shared within a society; commonly shared attitudes, beliefs, and core values about how government should operate; a patterned and sustained way of thinking about how political and economic life ought to be carried out; a peoples' shared framework fo values, beliefs, and habits of behaviors related to government and politics

Roles of the Governor

chief of state, chief legislator, chief administrator, party chief, commander in chief; Chief Legislator: Recommends policy initiatives to state legislators and coordinates with state agencies that administer programs and implement policies, Party Chief: Head of his or her party, Ceremonial Duties: represents state at functions, Crisis Manager: Leadership during natural disaster, Intergovernmental Coordinator; statutory symbolic; chief executive allows them to have appointment powers executive positions, vacant executive/judicial positions, 100 policy-making commissions, different areas of policy governed by commissions,

Comptroller of Public Accounts

chief tax collector and investor of state funds; does not perform financial audits; an elected constitutional officer responsible for collecting taxes, keeping accounts, estimating revenue, and serving as treasurer for the state; person that oversees our budget and makes sure that we fall in line with the budgetary goals as a state, providing the revenue estimate on which the biannual state budgets are drafted by the legislature, a budget can't become law without the comptroller's certification that falls within specific revenue projection, needs to certify that next year we plan on earning large amounts of money through leases through taxation of increasing or gaining revenue, if the comptroller doesn't sign the seal then that budget is null and void

General Law City

cities governed by city charters created by state statutes; a town or city whose power is limited to governmental structures and powers specifically granted by state law; a municipality with a charter prescribed by the legislature; municipality that has limited government and powers that are specifically granted by state law with less than 5000 people, bound by Dillon's rule which says a unit of local government may exercise those powers that states grants to it, government assigns strict rules

City Manager Models

city manager elected by mayor and council, hired to manage city government, hanfle budget, hire and fire department heads, oversee city attorney and fire chief, council handles less important authorities like parking, library, recreation

Texas County Governments

county governments are sturctured same way as county commissioner model, general purpose governments due to the many different functions they perform and elector determines who implements these functions, rural areas were the building blocks of local government, 254 counties in Denton, counties known as general purpose governments, county commissioner courts is a commission meant to manage the county (set budget and tax rate, administer state programs), counties in charge of roads, mantain jails, and conduct elections; agents of county governments include the district and court attorneys, sheriff, county clerks, Justice of the Peace Constables, Tax Assessors, County Treasurer, County Auditor, and county elections

Individualistic Subculture

culture that focuses on individual achievement and autonomy; a culture in which people believe that their primary responsibility is to themselves; a culture that emphasizes individuality and responsibility to oneself; Middle Atlantic states; further privvate enterprise focusing on commercial success (good economic climate), less concern for mass participation in politics (government intervention is limited), politics is a matter for professionals rather than for everyone, corruption is okay and bureaucracy is looked down upon, (New York, Pennsylvania, Ohio)

Sunset Legislation

enacted in 1977, laws set to expire unless specifically re-authorized by Congress; laws requiring that existing programs be reviewed regularly for their effectiveness and be terminated unless specifically extended as a result of these reviews; statutes that provide for revocation of laws if not reviewed and renewed within a specified time period; most agencies had to be recreated by the legislature or will automatically go out of business, Sunset Advisory Commission in order to deal with putting money in resources that are wisely utilized, four state representatives appointed by the Speaker of the House, four senators appointed by the Lieutenant Governor, two public members that are appointed by speaker and Lieutenant Governor, studies each agency then reports findings to the legislative panel, decides what work and budget a particular agency has and then makes a recommendation to the legislature, real work begins in 1979,

Writs of Certiorari

formal requests by the U.S. Supreme Court to call up the lower court case it decides to hear on appeal; Supreme Court orders a case from a lower court to be reviewed

County Commisioners

from different precincts, elected from 1/4 of county population

Special Districts and What They Do

government units created to perform particular functions, especially when those functions are best performed across jurisdictional boundaries; a unit of government that deals with a specific function, such as education, water supply, or transportation; local governmental units created for a single purpose, such as water distribution; governing districts that have the power to lay and collect taxes and implement specific areas of law, overseen by board of trustees elected by residents and set tax rates to revise operations of institute, 3334 special purpose districts (2245 special districts with 900 are water and utility, 326 are housing authorities, 210 are soil and water conservation, 86 are hospital, 47 are community college, 10 are rural fire prevention, 8 mosquito control, 8 healthcare, 5 noxious weed control, and 3 urban renewal agencies) each distrinct are governed by statutory laws,

What are courts and what do they do?

governmental forum that administers justice under the law; they enforce contracts (no institutions would enforce private property besides courts), solve collective action problems; interpersonal conflict resolutions; intergovernmental conflict resolution; courts shape public policy; they're necessary for capitalism and main mechanism to resolve conflicts, courts take into account social norms

Independent Executive Agencies

governmental units that closely resemble a Cabinet department but have narrower areas of responsibility and perform services rather than regulatory functions; federal agencies that aren't large or important enough to get department status. Directors appointed by President w/ advice & consent of Senate. Ex. NASA, CIA, EPA; agencies headed by a single administrator with regional subunits, but lacking Cabinet status

Merit System

hiring people into government jobs on the basis of their qualifications; selection and promotion depend on demonstrated performance rather than political patronage; based on qualifications, test scores, and ability, rather than party loyalty

Functions of the Bureaucracy

implementation, administration, and regulation; Provide expertise, provide information to congress and president, implement the law

Constitutional Law

law that involves the interpretation and application of the U.S. Constitution and state constitutions; derived from the U.S. Constitution and the constitutions of the various states

Legislatures

lawmaking bodies; define behaviors as crimes and write laws to regulate them; bicameral legislature; standing committees are permanent (Senate has 20 House has 40), size of committees varies and they meet when legislature isn't in session, ways and means committee is in charge of taxes and the appropriation committee is in charge of resources and budget, conference committees resolve bills passed by the House and the Senate, select committees study major policy issues (private citizens, recommend legislation)

Jurisdiction (Subject Matter)

legitimate authority to hear a case, federal of state crime, criminal or civil, constitutional (implied interpretation), special (trade or patent law)

Secretary of State

maintains record on campaign expenditures and lobbyists, publishes Texas Register, international police officer, oversee election law, review county and local election procedures, develop statewide policies for voter registration, receieve and tabulate election returns and report them out to see who was elected

Powers Prohibited to States

making treaties with foreign govs, authorising private persons to prey on the shipping and commerce of other nations, coining money/issuing bills of credit/making anything but gold and silver coin legal tender in payment of debts, taxing imports or exports, taxing foreign ships, keeping troops or ships in time of peace (except the state militia, now called the National Guard), engaging in war (unless invaded or in such imminent danger as will not admit delay); regulate interstate commerce, regulate most family and criminal law; taxing, borrowing, spending, regulating health, licensing, elections -Make treaties -Impair contracts -Tax exports -Make war Article 1 Section 10

Weak Mayor Council Model

mayor is elected city council by city voters which dilutes political influence, mayor's pay is minimal, no funds provided for mayoral staff, department heads are appointed and overseen by city council which diffuses administrative authority (parks, financing, planning), mayors don't have veto powers, mayor is just a figurehead while the council holds all the power

Supreme Court and Judicial Review

one of the main powers of the Supreme Court; the right of the Supreme Court to determine if a law violates the Constitution; Marbury v. Madison; no mention of it in Article 3

Commission Models

popular in the 1900s, voters go to different precincts and vote for a representative that will be part of commission, commissioner president is elected among commissioners to preside meetings, no one commissioner are above the other; 254 counties in Denton, counties known as general purpose governments, county commissioner courts is a commission meant to manage the county (set budget and tax rate, administer state programs), counties conduct elections

Military Powers

powers giving the governor the right to use the National Guard in times of natural disaster or civil unrest; commander in chief, has final decision making authority in defense, provides for domestic order; powers over the State and National Guards (natural disasters), can declare martial law but rarely used, Abbott sent in troops to Houston after Hurrican Harvey

Responsibilities of County Government

road and bridge construction and maintenance, law enforcement (sheriff's department has chief county law enforcement officer that manages enforcement, deputies for courthouses, maintain county jails, provide for county and district courts like prosecuters and district attorneys), dispute resolution (justice of peace), record keeping and political participation, counties issues licenses, maintain court records and electoral process, provide social services (healthcare and county sanitation departments)

Circuit Courts (Appellate Courts)

second highest intermediate federal appellate courts Cover 13 "circuits" across America. Hear appeals from District Courts in their jurisdiction; Part of federal court system-13 federal circuit courts: one for the D.C. and 12 for the rest of the country. Also called "courts of appeal"; the major trial courts in the state that handle felonies;

District Courts

second lowest federal courts; federal trials can be held only here; The 91 federal courts of original jurisdiction. They are the only federal courts in which trials are held and in which juries may be impaneled; lowest level of fed. courts, where fed. cases begin & trials are held (bank robbery, environmental violations, tax evasion)

Texas Railroad Commission

state agency with regulation over some aspects of transportation and the oil and gas industry of the state; regulated the shipping rates for railroads during the late nineteenth century; a publicly elected three-member body that regulates railroads, trucking, mining, and oil and gas production within the state; three members, each elected statewide to staggered six-year terms; oversees and regulates the oil, natural gas, and mining industries; often use a stepping stone to higher state office, regulates railroads and trucking within the state of Texas

Possible Selection Methods

state mechanisms (should be less biased) for election include partisan election (what party they're representing), nonpartisan election, gubernatorial appointment (a judge of the governor's choosing to replace a judge and then elect another judge), legislative appointment (legislature chooses the judges), merit selection (commission for judges, attorney, and general public that consider applications for candidates that want to fill a judicial seat)

Bureacracy

system of government that includes different job functions and levels of authority; most of the important decisions are made by state officials rather than by elected representatives; managing government through departments run by appointed officials

Federal Reserve System

the central bank of the United States; The country's central banking system, which is responsible for the nation's monetary policy by regulating the supply of money and interest rates

Oversight

the effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies; Congressional review of the activities of an executive agency, department, or office; Congressional review of the activities of an agency, department, or office.

Attorney General

the head of the department of justice; Jeff Sessions (R); Edmund Randolph, overseers all district attorney offices

Supreme Court

the highest federal/judiciary court in the United States; consists of nine justices, each appointed by the President and confirmed by Congress. Appointment is for life. Supreme Court exercises the power to determine constitutionality of statutes, Handles appeals from the lower court

Federal Law

the law of the national government; jurisdiction is given to federal courts in cases involving the interpretation and application of the US Constitution, acts of Congress, and treaties; "If a state law disagrees with a federal law, who wins?"

State Law

the law of the states and their localities; a bill that has been passed by the State House and Senate and approved by the governor; state statutes, regulations, principles, and rules having the force of law

Speaker of the House

the leader of the majority party who serves as the presiding officer of the House of Representatives; An office mandated by the Constitution. The Speaker is chosen in practice by the majority party, has both formal and informal powers, and is second in line to succeed to the presidency should that office become vacant. House of Representatives majority leader, elected by House membership, chooses committee chairs and members

State Board of Education

the legal governing body that exercises general control and supervision of the schools in a state; Regulatory Functions - the state board has the authority to establish rules and regulations that limit and permit action, Advisory Functions - the state board can only offer suggestions and indicate preference for action; has a major role in determining the books used in Texas public schools; 15 members elected by district in partisan elections, majority are conservative Republicans, textbook selection, permanent school fund, educator certification

Legislative Powers

the power to make a law and to frame public policies; congress- can override veto, controls spending of money, establishes lower federal court, can impeach and remove federal judges; Governor of Texas has one of the strongest veto powers of any governor (has 10 days to veto a bill, can be overriden by 2/3 vote, has 20 days after the legislature adjourns to veto bills), after session vetos are highly unlikely, line-item veto over spending budget can strike out specific spending items on bills without vetoing the entire bill, call for special sessions for legislature (lasts 30 days and covers issues), recommendation specific legislation

Texas Political Socialization

the process by which people gain their political attitudes and opinions; process by which background traits influence one's political views; the process by which we develop our political attitudes, values, and beliefs. How do cultures get created and why do they have such staying power? We're being taught values and establishes cultural practices (what is and what's not acceptable); this can be established through home life (parents), grade schools conserve and reporduce dominant values of society to develop good citizenship, higher education exposes conflicting views and look at things from different angles, church can present sermons to community and define political perspective (must have a seperation of church and state), geography can shape our views by our location, and economy can make us a product of institutions

Standing to Sue

the requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government; an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit; the legal right to bring lawsuits in court

Devolution

the transfer of powers and responsibilities from the federal government to the states; transferring responsibility for policies from the federal government to state and local governments; the process whereby regions within a state demand and gain political strength and growing autonomy at the expense of the central government.

Selection and Confirmation of Article III

there shall be one Supreme Court and such inferior courts as Congress may "ordain and establish;" topics ranging from criminal justice to antitrust and intellectual property law, as well provides advice and consent for judicial nominations. The committee typically conducts confirmation hearings for nominees to the Supreme Court, courts of appeals (circuit courts), and district courts. These judicial officers, known as Article III judges, are selected by President and confirmed by U.S. Senate and are then appointed for a life term.

Adversarial System

trial procedures designed to resolve conflict through the clash of opposing sides, moderated by a neutral, passive judge who applies the law; a contest between opposing sides; used in the United States, allows opposing parties to present their legal conflicts before an impartial judge and jury.