Unit 3 Texas Government

The length of terms in office can influence how judges make decisions. If a justice has a relatively short term length of two years, how might this affect the way he or she makes decisions?

A shorter length of term in office, such as a two-year term, means that the judge will likely take into greater consideration what the public thinks of his or her work, since current public opinion will determine reelection.

Why does Texas have a sizable bureaucracy (in numerical terms) despite its commitment to small government?

A certain amount of bureaucracy is necessary to establish the basic delivery of goods and services that government provides.

Education officials assert that the SBOE has no jurisdiction over how local school districts teach the state curriculum. Which of the following represents some evidence that this assertion might not be true?

A court order blocked a school district from using the now publicly available lessons produced by CSCOPE.

What is the main difference between a felony and a misdemeanor?

A misdemeanor is a relatively minor, nonviolent crime, whereas a felony is deemed to pose a more serious threat to society.

What have public opinion surveys of Texans' attitudes toward crime and the state justice system shown?

A plurality of respondents considered crime the single most important problem in the state.

What racial group is most overrepresented in the Texas death row inmate population?

Black Texans

What does Texas's balanced budget requirement entail?

By law, the state legislature cannot adopt a budget that exceeds anticipated revenue.

What characteristics allow judges to make the kind of unbiased and well-reasoner decisions necessary for a credible justice system?

Capability and independence

The Texas Court of Criminal Appeals has discretion to hear criminal appeals and does not have to hear all cases, with the exception of what?

Capital punishment cases

What is an argument that is commonly used in favor of the death penalty?

Fear of the death penalty will make potential criminals think twice.

What opportunity do governors in Texas have to influence the state judiciary?

Governors can fill judicial vacancies and appoint judges to state appeals courts.

How did Governor Rick Perry overcome the criticism he received for vetoing so many bills in 2001?

He effectively characterized the vetoes as curbing government growth.

The governor's emergency items are officially submitted to which of the following?

House and Senate

What has been the most recent attempt to overhaul the present system for filing judicial posts?

In 2003, legislation calling for appointment of judges at the high court level was introduced, but it ultimately stalled.

What would happen if cases were decided based on written law alone?

Inconsistencies might emerge in the rulings issued by different judges.

What is the impact of the attorney general on public policy?

When the attorney general issues an opinion on public policy, it carries the force of law.

Why did the Texas Constitution of 1876 limit the powers of the governor?

It was a reaction to the previous constitution, which gave the governor strong executive powers.

What effect does the plural executive have on governors, and why?

It weakens governors by allowing the electorate to choose their executive officers for them.

How did people obtain bureaucratic jobs in the 19th century?

Jobs were awarded based on political allegiance.

What is a possible problem linked with holding longer terms in office?

Judges can rule based on personal bias since they are less frequently held accountable.

What do believers in the Hamiltonian approach to government argue?

Judges cannot be independent if they're worried about reelection.

Why does Texas's practice of choosing judges in partisan elections lead to questions regarding the independence and capability of many state judges?

Judicial candidates often make biased claims in order to win or keep a seat on the bench, creating the potential for serious conflicts of interest.

How is the State Board of Education selected?

Most of its members are elected by voters, but some positions are appointed by the governor.

What is a true statement that involves the appeals process?

No new facts or evidence may be introduced during an appeal, since it is assumed that questions of fact were decided in favor of the winner in the trial phase of the case.

Do all judges have to be licensed to practice law?

No, constitutional county court judges and justices of the peace do not have to be licensed to practice law.

What kind of law is made up municipal and county governments?

Ordinances

Which of the following is a limitation of using approval ratings to measure the current standing of the governor?

Polls rarely contain information regarding the intensity of people's opinions.

Since 1999, how much of the state's judicial branch has been Republican?

Republicans have held all nine of the seats on both the court of criminal appeals and the state supreme court.

How is the governor's appointment power limited?

Senatorial courtesy allows the senator from the district of a nominee to effectively veto the governor's appointment.

Why might some municipalities choose not to seek the death penalty?

Some municipalities do not have the resources to afford the high costs associated with seeking the death penalty.

Why have some argued that lethal injection constitutes cruel and unusual punishment?

Some states are obtaining lethal injection drugs from compounding pharmacies, which are not regulated by the FDA.

Why is revenue from state lands so important?

Texas collects no income tax and uses a portion of oil and gas royalties to fund public education.

Why is the commissioner of agriculture a key position in the plural executive?

Texas is the second leading overall agricultural producer in the United States.

What is one possible effect of partisan elections on the abilities and competence of judges in Texas as compared to other states with different systems for selecting judges?

Texas judges may have less experience due to electoral turnover.

Why does it seem certain that prominent Latino candidates will soon emerge and find success in statewide elections for governor?

Texas's Latino (mainly Mexican American) population is rapidly growing.

To what extent does the Texas attorney general (AG) handle criminal issues?

The AG supports and advises city and county-level officials in promoting awareness on crime and safety issues.

Why does Texas have a State Board of Education (SBOE)?

The Texas Constitution designates the SBOE to implement the mandate for a free public education system.

Who is responsible for regulating the oil and gas industry in Texas?

The Texas Railroad Commission

The Texas Supreme Court has final jurisdiction over which of the following types of cases appealed through the state courts?

The Texas Supreme Court has final appellate jurisdiction over all civil cases (and all cases involving juveniles).

What bearing does the political culture of Texas have on the state's approach to criminal justice?

The Texas justice system shows a preference for punishing criminals harshly in order to preserve the social order and protect public safety.

How does the power of the Texas lieutenant governor compare to the powers of lieutenant governors in other states?

The Texas lieutenant governor is very strong by comparison.

What is the "adversarial system"?

The adversarial system is based on the idea that encouraging lawyers to pursue the best interests of their respective clients is the optimal way to ensure that justice is delivered.

What happens to someone who is appointed to office by a governor while the legislature is not in session?

The appointee's tenure is still subject to senate confirmation once the legislature reconvenes.

What are statutory laws?

The body of laws created by a legislature, as opposed to those laws originating from the constitution or some other source.

How is the comptroller of public accounts involved in the Texas budget?

The comptroller provides a revenue forecast and ensures that the budget passed by the legislature is within that revenue estimate.

What is a true statement concerning the Texas courts of appeals?

The constitution was amended to give the legislature the power to create additional courts of appeals.

What is one important reason why the Texas Supreme Court may be susceptible to improper influence by moneyed interests?

The court does not reveal how the justices voted in each decision to accept or reject a petition for appeal.

What does it mean for a court to have original jurisdiction over a case?

The court has the authority to hear the case first, before any other court.

What does it mean for a court to have appellate jurisdiction?

The court hears cases that were originally tried in other courts.

What authority does the governor have over the state budget?

The governor can transfer money between programs or agencies in an emergency.

What are the governor's military and police powers?

The governor is commander in chief of the Texas National Guard and has limited police powers as selector of the Public Safety Commission.

Why is the informal side of the message power more important than the formal side?

The governor's formal messages can be ignored, whereas speeches and statements receive extensive media coverage.

What is a true statement involving the Texas justice system?

The incarcerated population in Texas has often been subjected to inhumane treatments and conditions.

What does the Supremacy Clause of the U.S. Constitution mean for the states?

The laws of all states must conform to the Constitution, its amendments, and related federal judicial rulings.

Which of the following BEST describes the Texas judiciary?

The majority of judges are male and Republican, with a median age of 55 to 61.

If the governor makes a commutation of state charges in a death penalty case, what does this mean for the defendant?

The penalty in the case is reduced.

What is impeachment?

The process of accusing an official of misconduct while in office.

How has an increased media focus on exonerations and wrongful executions led the public to change its perspective on the death penalty?

The public has developed a more nuanced perspective on the use of the death penalty, considering it in terms of accuracy rather than just morality.

Who is the highest-ranking official appointed by the governor in Texas?

The secretary of state

According to the article by Cary Cheshire, how did the Texas Legislature respond to the governor's emergency items?

The senate acted quickly, but the house was slower in passing legislation.

What happens if there is a judicial vacancy outside of the normal electoral calendar?

The vacancy is filled by someone appointed by the relevant elected official(s).

Bureaucracies rely on complex procedures to make sure that laws are consistent and fair across a wide range of situations. What is the end result of this?

There is an inherent degree of red tape involved in bureaucracies, which tends to make citizens frustrated because things often take longer than expected.

What is a true statement concerning Texas district courts?

These courts have original jurisdiction in all felony criminal cases, divorce cases, and cases involving title to land.

Which of the following options BEST describes the governor's emergency items?

They identify general policy areas without specific demands.

What qualifies an individual to run for governor in Texas?

To serve as governor of Texas, you must be at least 30 years old, a United States citizen, and a resident of Texas for at least five years preceding your election.

Municipal judges serve terms of what length?

Two years

What is the result of judges not receiving much media coverage during election season, and not spending as much as other politicians on advertising?

Voters must take it upon themselves to become informed about judicial elections, if they choose to do so.

What can reduce the governor's ability to leverage his or her status as a figurehead?

a bland personality

What is the bully pulpit?

a figurative soapbox governors can stand on to loudly build support for their priorities

What does it take to override the comptroller?

a four-fifths majority in both houses of the legislature

What is the "common law system"?

a legal system founded not only on laws enacted by legislature but also on court rulings that in turn are based on custom, culture, habit, and previous judicial decisions.

According to the public policy watchdog group Texans for Public Justice, the Texas Supreme Court is more likely to hear appeals filed by whom?

campaign contributors

What type of crime does not require a grand jury indictment?

misdemeanors

What has been the result of the large racial disparity between the defendants and their judges in the criminal court system?

ongoing criticism of the low number of black judges in the judiciary

What is the lieutenant governor's responsibility when the governor is out of the state?

serving as acting governor

How many appointees does a governor choose over the course of a single term?

several hundred

Which of the following powers allows the lieutenant governor to influence the choices the senate makes?

the power to appoint committees to the senate

Which of the following allows judges to focus on cases that will contribute something meaningful to the collective understanding of the law?

the principle of discretionary review, which holds that the supreme court and the court of criminal appeals may choose the appeals cases they wish to hear

What is included in the basic rights of the accused?

the right to a speedy public trial by an impartial jury

What does the corrections component of the justice system encompass?

the system of incarceration and parole, including prisons, parole boards, and the capital punishment apparatus.

Why is the state bureaucracy decentralized?

to disperse power

What is the purpose of the Code of Judicial Conduct established by the Texas Supreme Court?

to establish professional standards that ensure that judges dispense justice in a fair and impartial manner

Which of the following BEST describes the purpose of state bureaucracy?

to provide services to the population and to implement state policies

Governors make appointments for which of the following political purposes?

to set a political tone

After crime rates peaked in the early 1990s, what caused the prison population and incarceration rate in Texas to increase faster than the rest of the nation's during the remainder of that decade?

tougher law enforcement norms and stiffer sentencing in a climate of public concern over violent crime

In 2016, how many of the nine justices on the Texas Supreme Court were women?

2

Being convicted of the theft of a $150,000 Ferrari would result in what maximum punishment?

2-20 years in prison, and a $10,000 fine

What percentage of the world's prison population is in the United States?

25%

What percentage of Texans thought that education was the most important issue in February 2017?

6%

How many municipal courts were there in Texas in 2016? How many justice of the peace courts were there in Texas in 2016?

933 806

Why are independence and accountability considered contradictory goals with respect to judges?

Accountability limits independence.

What percentage of detainees in Texas are African Americans in 2012, and how would this compare to the percentage of African Americans in the general population?

African Americans constituted 36 percent of detainees but 11.5 percent of the general population.

Of the four emergency items presented by the governor in January 2017, how many produced successful legislation?

All 4

What is the focus of appellate courts?

Appellate courts do not hear new evidence. They focus on the procedures of the case and ensuring the law was properly applied.

What legal system does the United States rely on?

Common law system

What kind of local trial court has appellate jurisdiction over cases appealed from other courts?

County courts have appellate jurisdiction in cases appealed from justice of the peace and municipal courts (as well as original jurisdiction in civil cases with low dollar amounts, Class A and Class B misdemeanor criminal cases, and probate cases filed in each county).

After WWII, the length of the lieutenant governor's term of office was constitutionally extended from two to four years. What was the effect of this extension?

It allowed lieutenant governors to gain more informal influence and legislative expertise.

What is one of the main characteristics of a perfect bureaucracy?

It assigns responsibilities based on technical competence

What is one major critique of the practice of plea bargaining?

It causes the justice system to fall short of guaranteeing all citizens the right to a fair and impartial trial.

What actual effect does the Texas Code of Judicial Conduct have on judicial campaigns?

It generally fails to prevent judges from discussing their political ideology or opinions about cases during their campaigns.

According to the text, how effective is the death penalty at deterring would-be murderers?

It is probably ineffective, given that only a small percentage of homicides result in a death-penalty conviction.

What happens when a governor vetoes a bill?

It is returned to the legislature, where the veto can be overridden by a two-thirds vote of each chamber.

What does "power to persuade" mean when used in reference to the Texas governor?

It refers to the governor's use of personal influence to manage relationships with the legislature and the bureaucracy during the session.

What portion of Texans strongly or somewhat support the death penalty, according to a 2015 poll?

about three-quarters

What is the primary role of the Texas secretary of state?

administering elections

When is an indictment issued?

after the prosecuting attorney's formal written accusation has been presented to and accepted by a grand jury

Which judges have to satisfy the most rigorous requirements before they can assume their posts?

appeals court judges

Why, in Cheshire's view, did members of the house pass legislation to reform child protective services (CPS)?

because they had no choice

What is an example of concurrent jurisdiction?

both the local police and the FBI having the authority to deal with a case

The practice of punishing repeat offenders more harshly than first-time offenders is known as what?

enhanced punishment

Which emergency item was the least successful in the legislature?

ethics reform

What issue did Texans consider most important in February 2017?

immigration

Which two of Governor Abbott's emergency items addressed issues that the poll's respondents considered important?

immigration and ethics reform

The Texas Public Utilities Commission has jurisdiction over which public utilities?

telephone and electric power companies

The senate president "pro tempore" becomes acting governor for the day during which of the following?

the "governor for a day" ritual

Who has the power to issue a pardon?

the Board of Pardons and Paroles

What office does the land commissioner head?

the General Land Office

Which office has been criticized for placing business interests ahead of environmental concerns?

the Land Office

What two sources set the formal requirements to serve as a state judge in Texas?

the Texas Constitution and the Texas Legislature

What is a "veto"?

the ability to nullify bills, joint resolutions, and appropriation items.

What concern was of primary importance to the drafters of the Texas Constitution when creating the judicial selection system?

the accountability of judges

What are precedents?

the common-law principle according to which previous judicial decisions influence current and future judicial decisions unless the prior decisions are explicitly overruled. Specifically, past court rulings in similar cases are used to justify a similar approach to resolving current disputes of the same or similar types.

What is a "line-item" veto?

the discretion to veto specific budget items. With this, governors can remove particular elements from bills or resolutions that otherwise have passed.

What is an example of the power to persuade?

the governor taking advantage of good relationships with legislators in order to pass an important agenda