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106 Cards in this Set
- Front
- Back
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Power of Executive Governor's power is limited |
Reactions to E.J. Davis Texas culture of individualism and traditionalism Concern of centralized government Plural executive Created to limit governor’s power |
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By design, the Texas governor is a weak position |
1876 constitution was a reaction to the strong governor under reconstruction Divided into various offices and agencies beyond the governor’s control Jacksonian democratic theory that supports the idea of the most major office holders being elected |
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Formal Qualifications for Governor |
Age: 30 Must be US citizen Texas resident for previous 5 years 4 year term Salary $150,000 Removal- impeachment |
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Removal and Succession |
Removal by impeachment House of representatives by simple majority Conviction by the senate by 2/3 majority Replaced by Lieutenant Governor then President Pro-Tempore Texas senate appoints a senator as acting Lieutenant Governor General election |
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Texas Administration |
The executive branch administers the law and implements public policy No one is in charge (plural executive) Fragmented into elective and appointed positions No single official bears the ultimate responsibility Composed of 220 separate entities |
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Elected Officials |
Lieutenant Governor Attorney General Comptroller Land Commissioner Commissioner of Agriculture |
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Lieutenant Governor |
Dan Patrick His source of power comes from being the President of the Senate Ex officio chair of the Legislative Budget Board, the Legislative Council and the Legislative Audit Board Sign bills, votes, resolves parliamentary questions |
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Attorney General |
Ken Paxton Lawyer for all official boards and agencies in state government In charge of child support enforcement, antitrust actions, Medicaid fraud investigations, crime victim compensation, consumer protection |
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Comptroller |
Glenn Hayger Comptroller of public accounts Chief tax collector Chief pre audit accounting officer Certifies Texas’ approximate biennial revenue |
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Commissioner of General Land |
George P. Bush Manages and collects rentals and leases Awards oil, gas, sulfur and other hard mineral leases Leases mineral interests in the states riverbeds and tidelands Serves ex officio as chair of the Veterans’ Land and the School Land Boards Permanent School Fund |
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Commissioner of Agriculture |
Sid Miller Department of agriculture Checks accuracies of scales Determines labeling procedures Promotes Texas agricultural products Administers laws for consumer and labor protection |
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Secretary of State |
Carlos Cascos Appointed by the governor and confirmed by the senate Keeper of the seal of the state Chief election officer of Texas Administers Texas’ election laws Maintains voter registration records Receives election results Repository for official, business, and commercial records filed with the office |
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Bureaucratic Characteristics |
Size Neutrality Hierarchy |
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Bureaucracy Size |
Private sector service Local governments Make more efficient Reducing bureaucracies Government contracts |
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Bureaucracy Neutrality |
Administration of law in a neutral fashion Never implemented Civil service or merit system Texas is still based on the spoils system Boards and commissions |
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Bureaucracy Hierarchy |
Texas is not arraigned this way No centralized or single executive Ideal hierarchy Governor is chief executive Little direct authority |
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To be a successful governor |
Use appointments well Be willing to veto, but also be flexible to get legislators on board Be adept at getting others on board The governor must convince others to adopt his/her vision |
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Governor’s Compensation |
$150,00/yr Mansion Limo State owned aircraft Personal staff |
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Executive Power of Governor |
Appointive power Military power Law enforcement power Budgetary power Executive orders and proclamations Economic development |
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Appointment Power |
The authority to name a person to government positions Confirmed with 2/3 senate vote Senatorial courtesy Texas has approximately 200 state boards, commissions and agencies that oversees its functions In a 4 year term, the governor will make about 3,000 appointments Patronage: giving jobs to supporters as a reward |
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Military Power |
Article 4, Section 7 Commander in Chief Texas Army National Guard Texas Air National Guard Texas State Guard Martial Law |
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Executive Orders |
Set policy within executive branch Create or abolish task forces, councils and others |
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Proclamations |
Official public announcements often used for ceremonial purposes |
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Economic Development |
Texas Enterprise Fund Rainy day fund TexasOne -Attracts business from other states and countries Emerging Technology Fund Helps smaller companies develop |
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Legislative Powers |
Special sessions can only be called by the governor No restrictions of how many special sessions can be called Lasts no more than 30 days Governor sets agenda, excluding impeachments and appointments |
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Judicial Powers |
Appointments and removal of judges and justices Fills vacancies caused by death, resignation or removal Executive clemency Can be a full pardon |
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Judicial Federalism |
Judicial authority is divided among levels of government |
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Jurisdiction |
Has the power to hear a case |
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Original Jurisdiction |
Evidence establishes the court record Try a case being heard for the first time |
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Appellete Jurisdiction |
Reviews the process in the original court Can appeal in any county except municipal Doesn’t involve a new trial Based on law, not fact Legal process was improper Double jeopardy right waived |
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Exclusive Jurisdiction |
Held by a particular court to hear a specific type of case Example: family court |
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Concurrent Jurisdiction |
Shared among different courts |
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Civil Cases |
Individual or property rights Responsibility but not guilt Plaintiff/petitioner Defendant/respondent Private party or organizations Who has the most evidence wins Final remedy -Relief from or compensation for the violation of legal rights |
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Criminal Cases |
Proper behavior and morality Plea of guilty or not guilty Government prosecutor On behalf of the public Charges of wrongdoing Beyond a reasonable doubt -Guilt results in punishment |
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Municipal Court |
Violations of city ordinances Handles minor violations of state law Class C misdemeanors Punishment of a fine of $500 or less Does not include a jail sentence 82% of cases Normally not courts of record Judges qualifications are set by city charter |
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Justice of the Peace |
4 year terms Commissioners 815 courts (1 judge) Civil matters less than $10,000 Issue warrants Preliminary hearings Be a registered voter Does not need to be a licensed attorney 40 hour course is required |
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County Courts |
254 courts, one per county Judges are elected to 4 year terms Justices must be “well informed in the law of the state” Law degree not required City matters $200-$10,000 Criminal jurisdiction $500+ or with a jail sentence 236 county courts of law Elected for 4 year terms Two thirds of cases filled are criminal cases |
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District Courts |
Chief trial courts of the state Single judge courts Elected for 4 year terms Must be 25 years old A resident of the district for 2 years A citizen of the US Original jurisdiction in felony cases Civil cases Juvenile cases are usually tried here |
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Courts of Appeal |
14 courts (80 justices) Civil and criminal cases 6 year terms At least 35 years old Ten years experience Lawyer or judge is required |
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Court of Criminal Appeals |
Highest appellate court Elected for 6 overlapping terms At least 35 years old Lawyers or judges Jurisdiction over appeals in death penalty cases Capital punishment was restored in US in 1976 Texas has executed far more individuals than any other state |
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Texas Supreme Court |
Final court of appeals Original jurisdiction Licensing of members of the state bar 35 years old Citizen of the US Resident of Texas Lawyer or judge of a court |
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Juries |
Grand jury Indictment True Bill Petit (Trial) Jury |
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Grand Jury |
12 person jury Determine if sufficient evidence exists |
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Petit (Trial) Jury |
County courts have a 6 person jury District courts have a 12 person jury |
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Exemptions of Jury Duty |
Persons over 70 years old Student Women with custody of children under the age of 10 |
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Selection of Judges |
Most states elect judges Some states allow governor to appoint judges Few states let the legislature make the selection |
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Justice in Texas |
US has the highest incarceration rate in the world Texas is #4 in US 648 inmates per every 100,000 residents |
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Ruiz v. Estelle |
1972 Overcrowding Unconstitutional treatment Poor security Inadequate medical care |
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Types of Civil Law |
Statutory Law Common Law Marriage Based on common law The family is protected by civil law in Texas |
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Statutory Law |
Law has been passed by legislative bodies and is written in code books |
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Common Law Marriage |
Man and woman Agree they are married Publicly presents themselves as husband and wife Must be terminated through a legal divorce If separated for more than a year without a divorce, then the marriage never existed |
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Law and Due Process |
Family is protected Couples divide the property Control transfer of the estate through a will State and local government Private property for public purposes Eminent domain Adequate compensation Texas limits governments power Protects a person’s reputation Libel: a written statement made in “reckless disregard of the truth” Slander: an oral statement made in “reckless disregard of the truth” Tort reform Only 5% prosecuted under federal law |
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Tort Reform |
Laws passed by legislature Restricting lawsuits by prison inmates Reducing frivolous lawsuits Limiting liability in civil cases involving multiple defendants Capping jury awards of punitive damages |
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Misdemeanors |
Minor crimes punishable by a sentence in county jail or a fine or both |
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State/National Boundries |
Interfering with state commerce Committed against the national government Violations of state rather than federal law |
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Felonies |
Serious crimes Murder, illegal, willful killing of another human being Robbery: attempt to steal by force or threat of force Grand larceny: something valued over $1,500 |
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Metropolitan Areas |
More than 3/4 of all Texans Crime is more likely to take place in large cities Low self esteem; weak emotional ties to society |
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White Collar Crimes |
Punished less severely Non violent crimes, usually by prosperous individuals Bribery, tax fraud, embezzlement More than $300 billion annually |
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Prevention of Crime |
Mores (beliefs about right and wrong) of lawmakers help prevent crime |
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Detection of Crime |
The most serious failure in the criminal justice system is the citizens’ unwillingness to report crime |
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Enforcement of Law |
Police have a poor record of solving crimes by arrest |
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Escobedo v. Illinois |
Right to remain silent Right to council while questioning |
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Miranda v. Arizona |
Revolutionized the legal system Miranda rule/Miranda rights Requiring that a person under arrest must be informed of their rights |
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Formal Qualifications House of Representatives |
Leader is the Speaker of the House US Citizen 21 years old Must live in the district for 1 year Must live in the state for 2 years Registered voter 2 year terms, unlimited Part time $7,200/year |
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Formal Qualifications for the Senate |
Leader is the Lieutenant Governor US Citizen 26 years old Must live in the district for 1 year Must live in the state for 5 years Registered Voter 4 year terms, unlimited Part time $7,200/year |
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Texas Legislature |
Every 10 years the US Census Approximately equal population Reynolds v. Sims (one person, one vote) Texas legislature is in charge of redistricting |
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Redistricting |
The process of redrawing election districts and redistributing legislative representative Reflect population shifts Highly political process Districts can be shaped to create ab advantage for the majority party in the legislative, which controls the redistricting process 36 house seats -Appointment The process occurs after every census which allocates congressional seats among the fifty states according to population change States whose population grows gains seats States whose population declines loses seats 1964 Civil Rights Act, race became a major and controversial consideration in redistricting 1995 Miller v. Johnson limited racial redistricting Gerrymandering |
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Gerrymandering |
Governor Perry called 3 special sessions Court ruled that states could redistrict more than once Federal courts prohibit racial gerrymandering |
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Tactics to Gerrymander |
1. Diffuse a concentrated political/ethnic minorities 2. Concentrating opposing populations in one district 3. Pairing technique |
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Presiding Officer |
Senate Lieutenant Governor Not a senator Elected state wide in partisan election 4 year term President Prp Tempore Dean of Senate |
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Speaker of the House |
Joe Strauss Elected by majority vote of members 2 year terms “Team” members Statement of loans, campaign contributions, and expenditures with secretary of state No corporation, labor union or organization Individual contributions are limited to $100 |
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Texas Ethics Commission |
8 member commission Governor, Lieutenant Governor, and Speaker appoint commission from a list of non legislatures nominated by democratic and republican legislative caucus It has never completed a through audit, subpoenaed a single document or met in person with a witness |
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Legislative Committees |
Subcommittees Conference Committees Select joint committees Ad hoc Interm committees |
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Subcommittees
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A division of standing committees and consider bills within their areas |
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Conference Committees |
Ad hoc committees created to comprise different versions of a bill approved by both houses |
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Select and Joint Committees |
Study specific issues/ problems and make recommendations |
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Ad Hoc |
Temporary committees that consider specific issues |
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Interm Committees |
Meet when legislature is not in session |
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Legislative Staff |
$7,200/year $139/day while in session House research organization Provides bill analysis, floor reports, issue focus reports and interm news to interested parties Senate research center Provides research and bill analysis |
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Citizen Legislators |
Rapid turnover Low salaries, short sessions, heavy workloads and inadequate staff 1975 last raise One of the worst paying legislators in the country |
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Unlimited Sessions |
Second Tuesday in January in odd number years for 140 days Only legislature in the 10 most populous states to meet biannually Governor may call a 30 days pecs session Special sessions are very unpopular Limited biannual sessions Work against legislative process to the public Too many bills, too little time |
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Powers of Presiding officers |
Procedural Powers Institutional Powers |
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Presiding Officers Procedural Powers |
Appoint committee member and chairs, aging bills, schedule legislation, recognize members, interpret procedural rules, conference committees |
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Presiding Adducers Institutional Powers |
Serve as joint chairs of the LBB and legislative council |
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Speaker |
Appoints chair and vice chair of procedural committees Determines when or if bills are heard Appropriation committee Standing committee chairs Predicts action of a committee |
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Lieutenant Governor |
Appoints total membership as well as chairs and vice chairs of all Senate committees sonf permanent subcommittees Chairs of standing committees, appoint subcommittee membership Rewards friends and supporters |
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Procedural Tools of Leadership |
Organized on the basis of ideology rather than political party affiliation Committee jurisdiction Unfriendly committees Committees conduct the real legislative business |
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Committee Powers |
Division of Labor Competency Pigeonhole |
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Division of Labor |
Thousands of bills are introduced each session |
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Competency |
Committee members and chairs Seldom has competency Do other interests in conflicts of interest for committee members |
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Pigeonhole |
Tabling bills by postponing consideration fly committee vote effectively kills the bills |
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House Calendar |
In the hands of 2 calendar committees Appointed by the speaker |
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Senate Calendar |
Chronological order Bills may be taken off the calendar Senators may filibuster bills |
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The Floor |
Bills read on 3 consecutive days in each house Floor of the house Floor leaders attempt to get bills passed Voting Yes: 1 finger No: 2 fingers |
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Bills Read 3 Times |
1. Upon being introduced 2. Prior to floor debate in each house 3. After floor passage |
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Committee Powers and Functions: Tagging |
Senator may delay committee hearings for up to 48 hours on a specific bill Each senator is allowed 1 tag |
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Committee Deliberation |
Bill is introduced: first reading Submitted to appropriate committee Committee will hold public hearing, hear testimony, add amendments and vote |
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Debate |
Calendar committee in house; senate floor House rules committee has allowed debate time A senator has unlimited time to speak Second reading: debate, amendments by majority vote, passage Third reading: debate, amendments by two thirds vote |
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Conference Committee |
Comprised of 5 members of each house Agreement must be reached by at least 3 members from each house Passed by each house in identical form |
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Governor |
May sign bill into law May not sign it and it will become a law in 10 days if legislation is in session May not sign and it will become law in 20 days if legislation is not in session May veto entire act May use line item veto article 14 section 4 |
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Floor of the Senate |
Floor is controlled by the lieutenant governor Filibuster as long as they can physically last Longest filibuster happened in 1977 when former senator Bill Maiar spoke for 43 hours Threat of a filibuster Cloture (not an option) A rule allowing majority of the members in a legislative body to set a limit on the debate over a given bill Simple majority is necessary for passage |
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Legislature Audit Committee |
Appoints and governs the state auditor Members are appointed by the presiding officers |
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Sunset Advisory Commission |
Every 12 years State agencies undergo a reevaluation Members are appointed by presiding officers |
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EJ Davis |
1870 to 1874 Republican party Succeeded by Richard Coke |
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Federalist Paper 17 |
Alexander Hamilton Problem is people living away from the federal government People have more loyalty to those closest to us Federal government will not try you in court, most judicial issues will be dealt with locally |
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Federalist Paper 45 |
“We the people” People must be united across the country The powers of the state will be numerous The powers of the federal government will be few and defined The only thing the federal government will do is mint money, declare war and declare peace |
