Midterm Flashcards
(36 cards)
What is the purpose of a constitution? Why has Texas had so many?
A constitution establishes the fundamental laws, principles, and structures of a government.
Texas has had multiple constitutions—seven in total—due to its changing political status (e.g., independence, joining the U.S., secession, Reconstruction)
Explain the difference between a statutory and an ideal constitution; give examples of each.
Statutory Constitution: Highly detailed, leaving little room for interpretation. Example: Texas Constitution of 1876.
Ideal Constitution: Brief and flexible, allowing for broad interpretation. Example: U.S. Constitution.
Explain the impact of Reconstruction on the evolution of Texas government and the Constitution of 1876.
Explain the amendment process for the Constitution of 1876 as well as why there are so many amendments.
The Texas Constitution requires amendments to be approved by a two-thirds vote in both legislative houses and then agreed on by voters. Since the constitution is highly detailed, amendments are frequently needed for changes.
- Describe the differences and similarities between the Texas Constitution and the U.S. Constitution. How do they relate to one another?
Similarities: Both establish government branches and checks & balances.
Differences: Texas’ constitution is much longer, more detailed, and limits government power more than the U.S. Constitution. US has an ideal, texas has a statutory.
- Describe the structure of the Legislature, including limitations related to the fact that it is part-time.
2 branches: senate (31 members) and the house of representatives (150 members). Meet for 140 days every odd year. Makes it hard to do anything because of the limited time they meet.
- What is the relationship between the Comptroller and the Legislature with respect to the budget?
Comptroller: comes up with a revenue estimate - how much money the state can spend. The legislature cannot spend more money than the revenue estimate.
- Describe how a bill becomes a law in the Texas Legislature (or how it might die).
A bill must pass both legislative chambers and be signed by the governor. It can die in committee, through filibusters, or via a governor’s veto.
- Explain the leadership structure of the Texas Legislature and the powers the leaders wield. Know how each leader is selected; explain the importance of the Speaker’s race.
Lt. Governor: Leads the Senate, controls committee assignments.
Speaker of the House: Elected by House members; wields significant influence.
Speakers race to be elected speaker of the house is important because they cut deals with other people especially members of the other political party to ensure they’re elected. This ends up with one party having more power.
- Explain the importance of the Calendars Committee in the Texas House of Representatives and the “blocker” or “bottleneck” bill in the Texas Senate.
The Calendars Committee in the House decides when bills are debated. In the Senate, a blocker bill ensures that bills require a supermajority to be debated.
- What powers does the governor have with respect to the Texas Legislature? Know why a governor’s veto is so rarely overridden. What ultimate power does the Legislature have over the governor?
Governor can call special sessions and veto bills. Vetos are rarely overridden because they require a 2/3rds vote to override the veto, but if the legislature is not in session it cannot be voted on. The legislature can impeach the governor, the house can impeach the governor and the senate can put the impeached governor on trial and serves as the jury if they go to trial.
- What does it mean to say that Texas has a plural executive? Why do we have one?
Texas’ executive branch has multiple members rather than just one member (Governor, Lt. Governor, Land commissioner, Agriculture commissioner, Attorney general, Comptroller, Railroad, commissioner)
We have a plural executive branch to limit the power of the governor.
- Explain the power of the executive branch bureaucracies regarding their rule making authority.
- Describe the most important powers of the executive branch agencies whose executives are elected.
Land commissioner: Manages all of the land owned by the state of texas
Oil and gas companies, farmers and ranchers are interested in leasing land
Negotiates the terms of the leases of land
Agriculture commissioner:Promote the agricultural products of texas, Enforce regulations that are passed by the legislature
Attorney general: Chief lawyer for the state of texas, Decides when to file a lawsuit, Decides when to defend the state from lawsuit, Has the power to issue “opinions” that have the force of law
Comptroller: Tax collector for the state, To make the revenue estimate for the legislature, and they cant plan to spend more than that
Railroad commissioner: 3 railroad commissioners, Regulate the oil and gas industry
- Give examples of other executive branch agencies whose leaders are appointed by the governor.
- Explain the concept of a “Captured Agency”.
A captured agency is a government regulatory body that has been influenced or dominated by the industries or special interests it is supposed to regulate. Instead of acting in the public interest, the agency starts making decisions that favor businesses, lobbyists, or political groups with strong financial or political power.
- How can legislative oversight affect the executive branch and hold it accountable to the Legislature?
- Explain how the Texas Court System is organized in terms of jurisdiction, operations, etc… Know how Texas gets its judges - and both the criticisms and affirmations of that system.
Jurisdiction refers to a court’s authority to hear and decide cases. In Texas, different courts have jurisdiction based on: Type of case (civil vs. criminal), Seriousness of the offense (misdemeanor vs. felony), Geographic location (where the incident occurred), Amount of money involved (for civil cases)
Texas votes their judges in.
- Know the difference between civil and criminal cases, and between original and appellate jurisdictions. Know why the standards for guilt are different in civil and criminal cases.
civil cases are between two people when one person caused harm to another person, criminal cases are when the state presses charges against someone for breaking the law. Original jurisdiction means the first court to hear the case, appellate jurisdiction is when someone thinks something went wrong with their case and want to check everything was done right. Civil cases are usually money while criminal cases are usually punishment like jail time, prison, or death penalty.
- Know the three parts of Texas’ criminal justice system, and the arguments for and against the death penalty.
- law enforcement
- courts
- corrections
- Understand the role played by a Grand Jury in Texas’ criminal justice system.
grand jury is for felonies, Determines if there is enough evidence to charge someone with a crime, 12 jurors.
- Know the advantages and disadvantages of plea bargains.
A plea bargain is an agreement between the prosecutor and the defendant where the defendant pleads guilty in exchange for a reduced charge, lesser sentence, or other concessions. Plea bargains help resolve cases without going to trial.
advantages: saves money and time
disadvantages: can pressure innocent people to plead guilty, softens punishment for some criminals.
- Be able to identify the executive and legislative branches in local governments.
Council mayor system: City council is the legislative branch, Mayor is the executive branch
Council manager system: Council is the legislative branch , Mayor is the executive branch
- What are the differences in the two kinds of cities that can be incorporated in Texas, and the three structures of government they can have? Why a council-manager system instead of mayor-council?
General Law Cities – Small cities (population under 5,000) that operate under state laws rather than a local charter. Their powers are limited to what the Texas Legislature explicitly allows.
Home Rule Cities – Larger cities (population over 5,000) that adopt their own charter, giving them more flexibility to pass local laws and govern themselves as long as they don’t violate state or federal laws.
- Commission system
- council mayor
- council manager
