Final Flashcards
(188 cards)
1
Q
What are the requirements of Governor?
A
- Thirty years of age
- An American citizen
- Citizen of Texas for five years prior to election
2
Q
What are the legislative powers of the Governor?
A
•The Veto -Item-Veto -Threat of Veto •Bargaining •Special Session •Message Power •Fact-finding commission
3
Q
What are the executive powers of the Governor
A
•Powers: -Appointive -Removal -Planning -Budget -Law Enforcement -Military -Clemency •Chief of State
4
Q
What Executive Branch official is considered the most powerful office in the state?
A
Lieutenant Governor
5
Q
What are the duties of the Lieutenant Governor?
A
Presides over Senate
6
Q
What are the duties of the Attorney General?
A
- Serves as state’s chief lawyer
- Issues advisory opinions to state & local authorities
- Represents state in civil litigation
- Enforces child-support orders issued bystate courts
- Administers Crime Victims’ Compensation Fund
7
Q
What are the duties of the Comptroller of Public Accounts?
A
- Chief accounting officer
- Chief tax collector
- State treasurer, since 1992
- Must certify expected revenues will meet expenses in legislature’s budget,or budget requires a supermajority(4/5) to pass
8
Q
What are the duties of the Commissioner of the General Land Office?
A
- Awards leases for exploitation of minerals & water on state-owned lands
- Sits as ex-officio member of state boards responsible for Texas land management
- Oversees growth of Permanent School Fund
- Chairs Veterans Land Board
9
Q
What are the duties of the Commissioner of Agriculture?
A
- Enforces state’s agricultural laws
- Provides service programs to state farmers, ranchers & consumers
- Conducts inspections, including those on commercial scales, pumps & meters
- Responsible for Nutrition in public institutions
10
Q
What are the duties of the Secretary of State?
A
- Acts as state’s chief election officer
- Grants charters to Texas corporations
- Issues permits for outside corporations to operate within Texas
- Processes requests for extradition fromother states
11
Q
What is the role of the Railroad Commission?
A
Responsible for handling oil and gas
12
Q
What are the types of boards and commissions in Texas?
A
•Elective -Texas Railroad Commission •Appointive -Texas Board of Criminal Justice •Ex officio -Texas Bond Review Board
13
Q
What is patronage?
A
he support, encouragement, privilege, or financial aid that an organization or individual bestows to another
14
Q
What is merit based hiring?
A
An employment system used by governments that takes merits into account in hiring promotions
15
Q
What is a recess appointment?
A
Filling of an appointed office during interim between legislative sessions
16
Q
What is Senatorial courtesy?
A
Tradition of a senatorial request of removal of a appointed enemy by the governor.
17
Q
What is the revolving door?
A
Process of hiring, training, and losing government employees
18
Q
What is the Iron Triangle?
A
Public policy making relationship between the public, Legislature, and bureaucracy
19
Q
What is the major employer in Texas?
A
State and local governments
20
Q
What are clientele groups?
A
•Agencies and clients
- Share information,
- Have common attitudes and goals
- Exchange employees
- Lobby the legislature together
21
Q
What is administrative review
A
The process by which administrators interpret the law and write the rules and regulations for its enforcement
22
Q
What is administrative law?
A
Defines the meaning of the law and determines its effect on both special interests and the public
23
Q
How is accountability achieved in Texas’ bureaucracy?
A
•Elective accountability
-This is accomplished through the election of the members of the plural executive.
•Legislative accountability
-Bureaucratic accountability should be to the legislature that is closest to the electorate.
24
Q
What is the standard for deciding civil cases in Texas?
A
Responsibility, but not guilt.
25
What is the standard for deciding criminal cases in Texas?
Guilt is proven beyond a reasonable doubt.
26
What is an appeal de novo?
A new trial conducted in a higher court (as opposed to an appeal). In de novo cases, higher courts completely retry cases. On appeal, higher courts simply review the law as decided by the lower courts
27
What are the limitations on Justice of the Peace courts?
* Criminal cases—fine is under $500
* Civil matters—dispute is less than $10,000, must hear cases less than $200
* Issue warrants for search and arrest
* Perform marriages
* Coroner duties
* Ex officio notary
* Small claims court
28
What are the three types of county-level courts?
Constitutional County Courts
Statutory County Courts
Statutory Probate Courts
29
What types of cases can be heard in Texas District courts
* Civil cases over $200, must hear cases over $10,000
| * Juvenile cases are usually tried here
30
How many Courts of Appeals are in Texas?
14
31
What is the Court of Criminal Appeals?
The highest state appellate court in criminal matters.
32
What is the Texas Supreme Court?
Final court of appeals in civil and juvenile cases
33
What do grand juries decide upon?
Determines if there is sufficient evidence to try an individual
34
What types of decisions does a grand jury return?
True Bill: An indictment already approved by a grand jury
35
How many members serve on a petit jury?
* Justice of the Peace courts have 6-person juries.
| * District courts have 12-person juries
36
How does Texas select its justices?
Texas elects its judges in partisan elections
37
What is the process of screening potential juror called?
Voir Dire
38
What types of challenges are given to lawyers during jury selection?
Challenge for cause- A request to a judge that a certain prospective juror not be allowed to serve on the jury for a specific reason such as knowledge of the case.
Peremptory Challenge- A challenge made to a prospective juror without being required to give a reason for removal. the number of such challenges allotted to the prosecution and defense are limited. Also called peremptory strike.
39
What is civil law?
* Deals with private rights and relationships, obligations, and responsibilities.
* Cases are brought by plaintiffs, usually private citizens or corporations.
* Remedy is relief or compensation.
40
What are the types of laws dealt with in civil cases?
Private rights and relationships, obligations, and responsibilities.
41
What are efforts to change civil awards referred to as?
Tort Reform
42
What are the types of criminal cases?
Felony
Misdemeanor
Victimless Crimes
43
What are the state law enforcement agencies?
* Department of Public Safety (DPS)
| * Texas Alcohol Beverage Commission
44
What Supreme Court case limited interrogation powers of police?
Miranda v. Arizona
45
What is the most common solution to criminal cases?
Plea Bargaining
46
What court case restructured the Texas prison system?
-Ruiz vs Estelle (1980)
47
What are the clemency options for the Board of Pardons and Paroles?
- Pardon- absolves a citizen from the legal consequences of their crime
- Commutation- reduction in punishment
- Reprieve- temporary interruption of punishment
48
What Supreme Court case suspended the death penalty?
Furman v. Georgia
49
How many members serve in the Texas Senate?
31 senate districts; 800,000 constituents
50
How many members serve in the Texas House?
150 House districts; 160,000 constituents
51
When is reapportionment required in Texas?
So that each district has approximately equal representation.
52
What court case deals with malapportionment(—unequal distribution of voters among districts)?
Reynolds vs. Sims ("one person, one vote")
53
What is the responsibility of the Legislative Redistricting Board?
Redistricting, if the Texas legislature fails.
54
Who is the presiding officer in the Texas Senate?
```
Lieutenant Governor:
• Elected in a statewide, partisan election
• Not a senator
• 4 year term
• David Dewhurst
```
55
Who is the presiding officer in the Texas House?
```
Speaker of the House
• Elected by the majority of House members
• Is a representative
• 2 year term
• Representative Joe Straus
```
56
What are the three bodies in Legislature houses?
Floors, committee, sub-committee
57
What are the types of committees in the Texas Legislature?
* Standing—permanent
* Subcommittee—divisions of a committee consider specific subtopics of a committee's primary jurisdiction
* Conference—ad hoc that resolves differences b/tw house and senate
* Joint—
* Special—
* Ad hoc—temporary
58
What is the compensation for staff expenses for House members?
$13,250; 2 to 4 staff members
59
What is the compensation for staff expenses for Senate members?
$37,500; 4 to 14 staff members
60
What is the daily stipend for legislators for session days?
$132/day for both regular and special sessions.
61
How many days can the general session of the Legislature last?
140 days
62
How many days can a special session of the Legislature last?
30 days
63
What are procedural powers?
Directly related to the legislative process.
64
What are institutional powers?
Used to affect administrative policy and management of TX government.
65
What makes the presiding officer position so powerful?
Appointive powers of presiding officer predicts action of a committee.
66
What can happen to a bill in committee?
* Pigeon-holed—eliminated from consideration by committee vote
* Tagged—allows a senator to stop consideration of a bill by the standing committee for 48 hours.
* Voted on for discharge (discharge position)
* Allowed to die
67
What is the different step to the lawmaking process in the House?
Rules committee
68
What are the six types of calendars in the Calendar committee?
* Emergency
* Major state
* Constitutional Amendment
* General State & Area
* Local
* Consent
69
What is the 2/3rds Rule?
A means whereby the senate can kill a bill without having a floor vote for or against. The bill fails to reach the floor so dies on the calendar.
70
What is a filibuster?
An attempt by a senator to delay a bill by unlimited debate. A political delaying tactic, legislative obstructer. Senators may filibuster; longest=43 hrs in 1977. Threat may encourage compromise!
71
What is cloture?
The motion to end a filibuster
72
What are the three types of resolutions?
* Simple—require passage by one legislative house
* Joint—" " by both legislative houses and referendum
* Concurrent—" " by both legislative houses
73
What happens if the House and Senate pass different versions of a bill?
It goes to the Conference Committee => C.C. Report and back to floor.
74
What is the biggest benefit of having a state income tax?
opinion
75
What are the revenue sources for Texas?
* General sales tax
* Selective sales tax (Excise)
* Gross receipts tax
76
What are excise taxes?
measured by amount of business done not be property of income
77
What sector of the economy does the severance tax cover?
Severance tax—a tax on raw materials when extracted from natural state
78
What are the three types of tax systems?
* Progressive—increase as income increases (liberal) ie. Fed. income tax
* Regressive—tax decreases as income increases (conservative) ie. sales
* Proportional—stays consistent regardless of income (indep) non-existent
79
What are the types of non-tax revenues?
```
• Federal grants-in-aid
• Borrowing
o General-obligation bonds
o Revenue bonds
• Lottery/Gambling
• Licenses and fees
• Dividends
```
80
Who is responsible for the initial consideration of budgetary bills?
Office of Budget & Planning - they prepare Governor's original draft
81
What Executive office must approve the budget before it becomes binding?
Office of Budget & Planning - they prepare original real draft
82
What must accompany any tax legislation?
Incidence Report
83
What is the result of Texas's "Pay as You Go" requirements?
saves money
84
What section makes up the largest share of the general government budget?
Education
85
What must accompany all spending legislation?
Fiscal note—accounts for funding to cover expenses
86
What are the duties of the State Board of Education?
* Curriculum decisions and textbooks
* Culture wars
* Standardized exams
* Faculties and students
* Funding/School Finance Reform
87
What court case created segregated schools?
Plessey vs. Ferguson
| Allowed for segregation based on "separate but ="
88
What court case outlawed segregated schools?
Brown vs. Board of Education of Topeka, TX
89
What court case outlawed busing?
Swann vs. Charlotte-Mecklenburg Board of Education
90
What court case created the Robin Hood funding plan?
Edgewood vs. Kirby
91
What court case outlawed the Robin Hood funding plan?
West Orange-Cove ISD vs. Neeeley
92
What is the role of the Texas Higher Education Coordinating Board?
The Board appoints the board of reagents—outline the role of each public college and university.
93
What court case outlawed the use of racial quotas?
University of California Regents vs. Bakke
94
What court case outlawed the points system in Texas?
Grutter vs. Bollinger
95
What types of health care does the state provide?
State is the:
• Direct provider
• Payer but not provider
• Regulator and buyer of private insurance
Examples: Medicare, Medicaid, The Children's Health Insurance Program (CHIP)
96
What percentage of Texans lives in poverty?
Less than a million people receive TANF
97
What is the major problem for Texas' Health and Human Services?
Colonias- Border towns
98
What is the role of the Transportation Commission?
Funding for highway programs
99
What is the participation paradox?
-The fact that citizens vote even though their votes rarely influence the result of an election.
100
What are the requirements for voting
- Must be a citizen of the United States
- Must be at least 18 years old
- Must be a resident of the state
101
What are the two types of campaigning politics?
Retail politics are campaigning by focuses on local events and meeting voters. Wholesale politics is campaigning to the masses.
102
What is voter turnout?
The percentage of people who are eligible to vote that actually vote.
103
What US constitutional amendments cover voting?
15th Amendment- Extended suffrage to African Americans
19th Amendment- Suffrage to women
26th Amendment- Suffrage to 18 year olds
104
What are the ways used to deny the right to vote?
- Poll tax
- Womens suffrage
- White primary
- Military vote
- Long residence requirement
- Property ownership as a requirement for voting
- Annual registration
- Early registration
- Jury duty
105
What is the political culture of Texas?
A mix of traditionalistic and individualistic.
106
What are the types of elections in Texas?
Primary, General, and Special elections.
107
What are the types of primary elections?
Direct primary- A method of selecting the nominees from a political party where party member elects the candidates that represent them in general elections
Runoff primary- A second primary election that pits the top two vote getters against each other.
Open primary- A type of party primary where a voter can chose on election day in which primary they will participate
Closed primary- A type of primary where a voter only can participate in the primary for the party of which they are a member
108
What is a run-off primary?
Runoff primary- A second primary election that pits the top two vote getters against each other.
109
What is a plurality of votes?
An election rule in which the candidate with the most votes wins regardless of whether it is a majority (50% +1)
110
What election only requires a majority of votes?
General elections
111
What is an election between presidential elections called?
Midterm elections
112
What is gerrymandering?
- A district or precinct that is drawn specifically to favor some political party, candidate, or ethnic group.
113
What are the types of gerrymandering
Cracking- Spreading like-minded voters apart across multiple districts to dilute their voting power in each. This denies the group representation in multiple districts.
Packing- Concentrating like-minded voters together in one district to reduce their voting power in other districts. This gives the group representation
114
Who oversees elections in Texas?
The secretary of state is the chief elections officer
The board of elections arranges polling places and printing ballots
County commissioners court draws districts, appoints election judges, and voting devices.
115
What are the types of ballots used?
Two types of Austrailian ballots:
Party Column- Where all the candidates from each party are listed in parallel columns
Office Block-General election ballot where the offices are listed across the top in separate columns
Straight ticket voting
Electronic combines best of both: Candidates listed under the office, and a option for straight ticket.
116
How do interest groups avoid finance laws?
There is little regulation in the amount that can be spent. By claiming to be affiliated with the part itself through "soft money".
117
What is an independent expenditure?
-Money individuals and organizations spend to promote a candidate without working or communicating directly with the candidates campaign organization.
118
What is liberal and conservative ideology?
Conservative- Belief that private entities are the solution to public problems
Liberal- Belief that government is the solution to public problems
119
How are Party in the Electorate members determined?
There are Formal Members and then Identifiers
Formal Members- The public that shows solidarity with a parties ideals by contributing and joining the party through dues.
Identifiers- The public that express agreements with a partys stance but do not contribute to that party outside of voting.
120
What are the four levels of party structure?
National level, State level, County or District level, Precinct level.
121
What are the levels of permanent organization structure of parties?
A Chair person and executive committee for every 4 branch of government.
--The national level contains a vice chairperson, and the precinct level has no committee.
122
What is the most powerful leadership position for majority party members in the Senate?
-Majority Leader
123
What is the most powerful leadership position in the House of Representatives?
-Speaker of the House
124
What is the most powerful leadership position in both houses for the Minority Party?
-Minority Leader
125
What is the ceremonial leadership position in the Senate?
President Pro Tempre
126
What is party domination in Texas?
Republican
127
What are responsible parties?
Party held accountable by voters for success of platform objections.
128
What is a party realignment?
-The transition from one dominant party system to another.
129
What is a party dealignment?
-The situation that arises when large number of voters refuse to identify with either of the two parties and become increasingly independent of party affilation.
130
What constitutional guarantees allow interest groups?
An article addressing our right to contact government and also the first amendment.
131
What is the purpose of an interest group?
To express the policy desires of its members to officers and institutions of government; also known as a pressure group
132
What are interest group activities?
- Influence all branches/levels of government
- Endorse and support candidates friendly to their cause
- Draw citizens into the political process
- Educate their members
- Provide policymakers valuable information
133
What is lobbying?
-Direct contact between an interest group representative and a legislative or executive branch official or employee for the purpose of influencing a specific public policy.
134
What are the types of lobbying?
Direct ( personal contact)
| Indirect (demonstrations, protests etc.)
135
What is electioneering?
-Attempts to influence the holding of elected office
136
What is appointmenteering?
-Attempts to influence the holding of appointed office.
137
What are the types of interest groups?
Issue-Oriented- Designed to support similar viewpoint on issue of concern for all members
Ideological- Designed to support similar ideology across issues of concern for all members
Business/Economic- Designed to support issues that benefit business or industry of members
Political Action Committees- Designed to provide campaign support to candidates supporting members political viewpoints
138
What is a Political Action Committee?
Political Action Committees- Designed to provide campaign support to candidates supporting members political viewpoints
139
What is the problem for groups in member recruitment?
Free Riders- Those who receive the benefits of participation without actually participating.
140
What structural factors aid interest groups in influencing government?
* The separation of powers
* Checks & balances
* Elected officials responsible to different constituencies
* Appointed officials w/ fixed terms
* Career bureaucracies
141
What problem faces labor unions in Texas?
Right to work laws- statute in the United States of America that prohibits union security agreements, or agreements between labor unions and employers that govern the extent to which an established union can require employees' membership, payment of union dues, or fees as a condition of employment, either before or after hiring
142
Who is responsible for overseeing actions of lobbyists and government officials?
Texas Ethics Commission
143
What is power of ranking members in the committee and sub-committee?
None! They have no power.
144
What causes miscalculation of party in the electorate?
Split-ticket voting.
145
What US laws deal with voting?
* FEC Campaign Act of 1972
* Voting Right 1965
* 1971 NBC Act
* Bi-partisan campaign reform Act of 2002
146
What type of primary is used in Texas?
Open (cannot switch parties during a runoff)
147
What are the ways of gaining public approval?
* Direction
* Salience
* Intensity
* Stability
148
What were the early political factions of Texas?
The two factions were pro-union and secessionist forces, or pro-houston anti-houston. Sam Houston supported joining the Union, while Mirabeau B. Lamar envisioned Texas as a great nation.
149
What is the legacy of Reconstruction?
Reconstruction was a time of corruption; Republican Governor E.J. Davis centralized power in his office, and had the state police and militia under his control. In 1874, Richard Coke was elected, and prompted Davis to lock himself in his office and surround himself with state police.
150
What Texas governor pushed for the creation of the Railroad Commission?
Governor James Stephen Hogg
151
Where do Hispanics rank as a racial group in Texas?
While they were considered to be "white" at one point, but still faced discrimination. Latino political activists challenged the constitution and eventually succeeded in protecting Latino rights in the constitution
152
What areas did the Mexican Constitution of 1827 govern?
All exiting portions of Mexico, and what is now the state of Texas
153
What was the structure of the government under the Constitution of 1827?
12-member governing board with 2/year terms.
154
What was the length of term in the Republic of Texas for the House?
One year.
155
What was the length of term in the Republic of Texas for the Senate?
3 years
156
What was the length of term in the Republic of Texas for the President?
3 years
157
What issues were addressed in the Constitution of 1845?
- Exempted homesteads from foreclosure
- Protected a wife's property rights.
- Provided for community property
158
What unusual requirement was contained in the Constitution of 1861?
-It required an oathe to the confederate states of America
159
What issues were dealt with in the Constitution of 1866?
- Nullified succession
- Abolished slavery
- Renounced confederate war debts
160
Who did not receive the right to vote in the Constitution of 1866?
-African Americans
161
Who did not receive the right to vote in the Constitution of 1869?
Whites
162
How often did the legislature meet according to the Constitution of 1869?
Annually
163
How often did the legislature meet according to the Constitution of 1876?
Once every two years
164
What did the Constitution of 1876 do to the power of the Governor and Legislature?
-The governors term was reduced from 4 years to two years, a salary cut, and the governor lost all of his major appointment powers
165
How many times has the Constitution of 1876 been amended?
-467 times.
166
When was a new Constitution submitted to the public
1975
167
What are the types of local governments?
There are 3 common forms of local governments:
Council-Manager form of government- A form of government that geatures an elected city council and a city manager who is hired by the council. The council makes policy decisions and the city manager is responsible for the day to day operations of the city government.
Mayor-Council form of government- A municipal government consisting of a mayor and a city council. Strong and Weak mayor are also forms.
Commission form of government-A municipal government that permits member of the city council to also serve as heads of city departmen
168
What is a municipal corporation?
A municipal corporation is a city, town, village, or borough that has governmental powers. A municipality is a city, town, village, or, in some states, a borough. A corporation is an entity capable of conducting business. Cities, towns, villages, and some boroughs are called municipal corporations because they have the power to conduct business with the private sector.
169
What is unique about city elections?
Must be non-partisan in Texas. Not affilated with a particular political party.
170
What are the types of city charters?
General-law city charters- A city with a population of 5000 or fewer whose structure and organization are prescribed and limited by state law
Home-rule city charter- A city with a population of greater than 5000 whose structure and organization comply with state law
171
What are the types of direct participation?
Home rule permits voters to impose their will directly by:
Initiative- after the public obtains a designated percentage of signatures of registered voters, they can force a sometimes reluctant city council to place a proposed ordinace on the ballot
Referendum- Voters who wish to remove an existing ordinance also can petition the council to hold referendum election to determine whether the law should remain in effect.
Recall election- An election that permits voters to remove an elected office by petitioning.
172
What are the types of city government structure?
Council-Manager form of government
Mayor-Council form of government
Commission form of government
173
What are the types of elections?
Pure at large system- An electoral system in which candidates for city council run citywide and the top vote getter are elected to fill the number of open sets
At-large place system or Place Voting- An electoral system in which candidates run for a particular seat on the city council (1...2...3...candidates announce which position they are running for.)
Single-member districts- Election districts in which one candidate is elected to a legislative body. In city council elections, single-member districts are contrasted to at-large citywide elections. Members from single-member districts tend to feel greater loyalty to the residents of their own neighborhoods because they are not elected city-wide.
174
What are the sources of city funding?
- Sales taxes (Limited)
- Property taxes (Ad Valorem)
- User fees and fines
- Public debt (bonds)
175
What is the Commissioners' Court?
Commissioners court- The policy making body of a county, consisting of a couty judge (the presiding officer of the court), who is elected in a countywide election to a four-year term, and four commissioners, who are elected from individual precincts to four-year terms.
176
Who are the county officials in Texas?
Sheriff (4 year term):
- Enforces state law in the county (County Jurisdictions)
- The sheriff's department operates the county jail and delivers and executes court papers
Constable (4 year term):
-Are general law enforcement officers (Precinct Jurisdictions)
Other required offices:
- Tax assessor/collector
- County Treasurer (handling of finance)
- County auditor (fund reviews)
- County clerk (Record keeping)
- District clerk
- County Attorney
177
What is the fastest growing local government?
Special-District Governments- local governments that provide single or closely related services that are not provided by general purpose county of municipal governments.
178
What is a Council of Government?
Council of Government- Advisory bodies consisting of representatives of various local governments brought together for the purpose of planning and cooperation
179
What is tax base?
-Total value of taxable property in a jurisdiction
180
What is a property tax increase?
- A increase of a tax levied as a percentage of the assessed value of real propert
181
What is the order of power in the federalist system?
- the division of power and functions of government between a central government and a specified number of geographically defined regional jurisdictions
182
What are the types of power in the federalist system?
Enumerated or Delegated Powers- Those powers expressly given to the national government
Concurrent Powers- Those powers granted by the constitution to both the national and state governments
Reserved Powers- Those powers residing with the states by virtue of the Tenth Amendment
183
What amendment to the US Constitution restricts federal power over states?
The tenth amendment, ratified in 1971 reserving powers to the states
184
What clauses are key to the creation of federal power?
the Tenth Amendment
What amendment to the US Constitution restricts federal power over states? The tenth amendment, ratified in 1971 reserving powers to the states
What clauses are key to the creation of federal power? Necessary and Proper clause- Portion of Article 1, Section 8, of the constitution that authorizes congress to enact all laws "necessary and proper" to carry out its responsibilities
National Supremacy Clause- Article VI of the constitution, which makes national laws superior to state laws.
185
What does the 14th Amendment do to states?
-enacted in 1868, this amendment contains citizenship rights, due process, and equal protection provisions that states must apply to all citizens, it increased the federal power especially with respect to civil rights, criminal law, and election practices.
186
What is evolution & devolution of power?
Evolution of Power- The expansion of national government power
Devolution of Power- The contraction of national government power
187
What is the spillover effect?
nintended consequences of law
188
What are the types of mandates?
Funded- Federal requirements on state with funds for implementation supplied
Unfunded -Federal requirements on state without funds for implementation supplied
Reducing -Federal requirements on local governments with funs for implementation supplied for a set period
