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POLS 2302 Test #4 Tahaney

Terms in this set (81)

Governer
Greg Abbott (Republican)
Lt. Governor
Dan Patrick (Republican)
Attorney General
Ken Paxton (Republican)
Comptroller of Public Accounts
Glenn Hegar (Republican)
Texas Supreme Court Chief Justice
Nathan L. Hecht (Republican)
Texas Court of Criminal Appeals Presiding Judge
Sharon Keller (Republican)
State Senator, District 4
Brandon Creighton (Republican)
State Representative, District 21
Dade Phelan (Republican)
TX U.S. Senators
Ted Cruz and John Cornyn (Republican)
U.S. Representative, District 14
Randy Weber (Republican)
County Judge, Jefferson County, TX
Jeff Brannick (Republican)
Edgewood v. Kirby
The grievance was that the current method of funding public schools discriminated unfairly against poor students and denied equal opportunity in an "increasingly complex and technological society."

Required changes in school finance to increase funding for students in poorer school districts.
Constitution of Coahulija y Tejas
Mexico gained independence from Spain
Official national religion: Catholicism
No trial by jury
Constitution of Republic of TX (1836)
Texas becomes its own republic
No official religion
Trial by jury
3 branches of government
Checks and balances
Spanish Law
-community property state (any property
acquired during marriage goes to both or
husband and wife) (Just and Right division)
Constitution of 1845
Constitution where Texas was admitted to the U.S. Annexed to U.S.
Constitution of 1861
Texas joined the confederacy
Upheld slavery (civil war)
Constitution of 1866
The fifth Texas constitution. The short-lived constitution under which Texas sought to be readmitted to the Union after the Civil War and before the Radical Reconstructions took control of the U.S. Congress.
Constitution of 1869
Radical Republicans
Equal Protection (everyone is treated equally)
Governor had a line-item veto= partial veto in a budget and veto another part of that budget)
Very strong constitutional governor
Edmond Davis runs for re-election but loses but he didn't like this so he locked himself in the capitol and said he's not leaving.
This causes a change in the constitution because governors can't handle too much power.
Constitution of 1876
Current
Very long and detailed
Almost 500 amendments
States approves the constitutional amendments by 3/4.
Article I of Constitution (Texas)
State Bill of Rights
a) Most of the Bill of Rights are the same as the
U.S. Bill of Rights.
b) Theme of the Texas Constitution is Limited
Government.
Article II of Constitution (Texas)
Separation of Powers (3 Branches of Government)
Article III of the Constitution (Texas)
Legislative Branch
a) Bicameral Legislature
b) State House of Representatives (2 yrs.)
c) State Senators (4 yrs.)
d) Part time legislature (regular sessions are for
140 days in odd numbered years) ~ didn't
meet in 2018.
e) $7,200 a year
Texas Legislature has...
-Regular Sessions
-140 days
-Odd numbered years
Article IV of the Constitution (Texas)
Executive Branch
a) Plural Executive- executive power is
fragmented and divided into:
1. Governor
2. Lt. Governor
3. Secretary of State
4. Land Commissioner
5. Attorney General
6. Comptroller
Article V of the Constitution (Texas)
Judicial Branch
a) All judges are elected in Texas. (Partisan Elections)
b) High court is bifurcated (split into 2)
1. Civil Cases ~ Texas Supreme Court
2. Criminal Cases ~ Texas Court of Criminal
Appeals
Texas Supreme Court
Handles Civil Cases
Texas Court of Criminal Appeals
Handles Criminal Cases
Partisan Election
an election in which candidates openly endorsed by political parties are presented to voters for selection.
Qualification for House of Rep. (Tx)
-21 years old
-U.S. Citizen
-Resident of TX for 2 years
-Lived in the district for 1 year
Qualification for Senators (Tx)
-26 years old
-U.S. citizen
-Resident of Tx for 5 years
-Lived in the district for 1 year
Special Sessions
A legislative session called by the Texas governor, who also sets its agenda.

-Can't last over 30 days
Texas Legislature make...
$7,200 a year
How a Bill Becomes a Law in Texas
1. Introduce/Write the Bill
1A.) Clerk Reads Bill 3 times to make sure the bill
is short and effective.
2. Referred to a committee
a) Mark-up: revise the bill
3. Calendar Committee ~ Schedules the debate
4. Floor Debate
a) Texas Senators can filibuster but more strict
than U.S. rules.
1. Has to be about the bill.
2. Cannot lean on anything, have to stand
straight.
5. Governor signs bill into law
Leader of the Texas House
Texas Speaker of the House
Leader in Texas Senate
Lt. Governor
(the presiding officer; elected by people)
(Has more power than just settling a tie like in the
U.S. senate)
Qualification of the Governor
30 years old
-U.S. citizen
-Lived in the state for 5 years
-4 year terms
-Elected in Mid-term elections (in the middle of
the presidents term)
-No term limits
-$150,000 a year
-Governor is weak; not much constitutional power
-Needs political skills to make himself strong
Governors Executive Power is...
Appointment
Texas Legislative Power is...
-Veto
-Line-item Veto
-Post-adjournment Veto
-Special Session of a Legislature (last 30 days)
Example of a special session of legislature
Hurricane Harvey; Greg Abbott (governor) called special session in 2017 because the 140 days was already up even though it was an odd year.
Line-Item Veto
an executive's ability to block a particular provision in a bill passed by the legislature.
Post-Adjournment Veto
a veto of a bill that occurs after the legislature adjourns, thus preventing the legislature from overriding it.
Texas Judicial Power
Pardon State Crimes (the president can't pardon state crimes only federal; therefore, the governor does it for the state only).
Plural Executive
an executive branch with power divided among several independent officers and a weak chief executive.
1. Governor
2. Lt. Governor
3. TX secretary of State
4. Attorney General (civil lawyer for the state)
5. Comptroller
Governor
The elected leader of a state's government
Lt. Governor
-Second in line of succession
-Presiding officer of the TX Senate.
TX Secretary of State
-Business filings
-Elections (statewide)
-Handles issues with voting
-Appointed by the governor

The secretary of state is appointed by the governor, with confirmation by the state Senate. The secretary serves as the chief election officer for Texas, assisting election officials at the county level, and ensuring that election laws are interpreted fairly and are applied in uniformly throughout Texas.
Attorney General (Civil Lawyer for the State)
-Handles child support
(AG order when you have to get child support)
Texas doesn't ....
Register with any party
Comptroller
-Collects all tax revenue
-Gives an estimate of revenue; this is important because legislature can't spend more than what's in this estimate.
All of the plural executive is elected by the people except for...
the Secretary of State which is appointed by the Governor.
Texas Bureaucracy has..
1. Multi-Member Appointed Boards
2. Single-Member Boards
3. Multi-Member Elected Boards
Multi-Member Appointed Boards Examples
1. TX Funeral Commission
2. TABC (Texas Alcoholic Beverage Commission)
Multi-Member Elected Boards Examples
1. State Board of Education
2. Texas Railroad Commission (manages oil and gas leases)
Texas Railroad Commission
Manages oil and gas leases
TABC
The Texas Alcoholic Beverage Commission, or TABC, is a Texas public agency responsible for regulating, inspecting, and taxing the production, sale, and use of alcoholic beverages within the state. The agency was established in 1935 and is headquartered in Austin.
Texas funeral commission
Texas Bureaucracy Agency
Courts of Appeals
federal courts that hear appeals from district courts; no trials
5th circuit
2nd court
County Courts at-law
In Texas, county courts in addition to the constitutional county court. They are established by the legislature in all but the smallest Texas counties and may have criminal or civil jurisdiction. They form a level of courts superior to justice of the peace and municipal courts but inferior to district courts. County Judge In Texas, an official elected countywide to preside over the commissioners court and to try certain minor cases.

Texas County Courts at Law are trial courts in Texas with concurrent jurisdiction over many cases with the district courts and county courts in the county. The County Courts at Law were created by the Texas Legislature for the counties with larger populations to aid the single county court in its judicial functions.
TX State Board of Education
TEA
The State Board of Education (SBOE) sets policies and standards for Texas public schools. ... Overseeing the Texas Permanent School Fund. Appointing board members to military reservation and special school districts. Providing final review of rules proposed by the State Board for Educator Certification.
County Commissioners court
the main governing body of each county; has the authority to set the county tax rate and budget
Bifurcated high court system
There are two highest courts (appellate court): Texas Supreme Court (civil) and Court of Criminal Appeals (criminal)
Part-Time Legislature
A legislative body that meets for short periods of time. Its members are often provided limited resources, including small salaries.

Regular sessions are for 140 days
Odd # years
$7,200 a year
Texas Political Culture
mix of traditional and individual
Texas Criminal Justice System
...
Education Funding in Texas
funded through property taxes.

Market Price (x) Tax Rate = property tax
Texas state court structure
the (1) Supreme Court, the highest state appellate court for civil and juvenile cases; (2) Court of Criminal Appeals, the highest state appellate court for criminal cases; and (3) 14 courts of appeals
traditionalistic political culture
the belief that government should be dominated by political elites and guided by tradition.

Middle ground between individualistic and moralistic.
Ambivalent attitude toward the marketplace and the common good.
Government is maintain the existing social and economic hierarchy.
Politicians come from society's elite.
Politicians have a family obligation to govern.
Ordinary citizens are not expected to participate in politics or even to vote.
Politics is competition between rival factions within the elite rather than between class-based parties.
Bureaucracy is viewed with suspicion because it interferes with personal relationships.
View was brought to the United States by people who settled the southern colonies.
Built a plantation-centered agricultural system.
Descendants moved westward through the southern and southwestern states
individualistic political culture
the belief that government should limit its role to providing order in society, so that citizens can pursue their economic self-interests.

Government's role is limited, primarily to keep the marketplace functioning.
Politicians' motives for running for office are based on material self-interests and to advance themselves professionally.
Bureaucracy is viewed negatively because it hinders patronage.
Corruption is tolerated because politics IS dirty.
Political competition is partisan.
Elections are oriented toward gaining office and do not deal with issues.
View originated in Middle Atlantic states, settled by German and English groups.
Migrated to lower Midwest, Missouri, and western states.
"Government should never get in the way!"
Plea Bargains
an arrangement between prosecutor and defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or an agreement to drop other charges.
Death Penalty Cases
Court of Criminal Appeals has automatic jurisdiction (can go directly to the court of appeals)
To become a judge or justice in Texas...
have to be elected
Texas has one of the highest...
rates of capital punishment in the country
Standard of proof in all criminal cases is...
beyond a reasonable doubt
(the toughest)
The prosecution must approve
beyond a reasonable doubt
The level of proof required to convict a person of a crime.

The standard that must be met by the prosecution's evidence in a criminal prosecution: that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.
The standard of proof in all civil cases is...
Preponderance of the evidence
(the plaintiff must prove: person who is suing and has the burden)
preponderance of the evidence
The standard of proof in a civil case in which a judge or jury must believe the plaintiff's story and evidence is stronger than the defendant's version.
Plaintiff
a person who brings a case against another in a court of law.

has the burden.
The Texas Supreme Court
the highest civil court in Texas; consists of nine justices and has final state appellate authority over civil cases
The Court of Criminal Appeals
only hears criminal cases
9 judges (1 chief, 8 associates)
6yr terms
Appellate Authority
the authority to determine whether lower courts
properly followed legal rules and court procedures; can require a case
to be retried if mistakes were made
Bifurcated High Court
divided into two branches

The Texas Supreme Court
The Court of Criminal Appeals
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