Texas GOVT 2306 Final Exam

What is the principle that a well-governed society follows the 'rule of law' and not the 'rule of men'?

The idea comes from Aristotle.

Who indicated that the best government includes 'the one,' 'the few,' and 'the many'?

Aristotle.

Which political party dominated Texas for approximately 100 years?

Democratic Party.

How did Texas join the United States?

Through a treaty.

Who was the first Republican governor of Texas?

E. J. Davis.

Did the (1876) Constitution of Texas mix religion and politics in the preamble?

True.

In the grievances against Mexico, what claim did Texas include about public education?

That public education was not supported.

The constitution for the Republic of Texas was modeled after the constitution of which country?

The United States of America.

Which relationship is correct regarding political theories?

The Americans followed Locke's political theory and the Texans copied the Americans.

From whom did Texas gain independence?

Mexico.

What indicates that slavery was not the cause of the Civil War?

All of the above.

How was the dispute over the right of secession settled?

Through 'might makes right.'

During the Reconstruction era, which party dominated Texas?

Republican Party.

What did Texans vote for after Reconstruction ended, making the Republicans largely irrelevant?

Democrats.

According to the textbook's authors, what issue did the Civil War settle?

Federalism by making the states subordinate to the national government.

Requiring southern states to pass the 13th, 14th and 15th Amendments before readmission was inconsistent with what idea?

That the southern states could not - and had not - seceded from the U.S.A.

Who were the leaders in Congress who supported black suffrage after the Civil War?

Radical Republicans.

What does the 1876 Constitution of Texas provide for?

A Bill of Rights.

What does the current constitution of Texas include?

The executive branch, a bill of rights, and suffrage.

What does Federalism, also called dual federalism, attempt to do?

Balance power between the national government and the state governments.

What are reserved powers?

Powers that belong to the people or the state governments.

What does a broad interpretation of the 'necessary and proper' clause allow the national government to do?

Encroach upon state powers.

What are powers belonging exclusively to the national government called?

Enumerated or expressed powers.

What are powers that both the national and state governments can claim called?

Concurrent powers.

Is Federalism a division of power between national and state governments?

True.

What does a strict interpretation of the 'necessary and proper' clause accept about 'implied powers'?

They must be 'necessary.'

In which case did the Supreme Court accept the idea that 'implied powers' can be derived from the 'necessary and proper clause'?

McCulloch v. Maryland.

What is a characteristic of categorical grants?

They force states to spend federal funds as the federal government sees fit.

What do unfunded mandates require states to do?

Meet federal regulatory guidelines without receiving additional funds.

What do block grants allow states to do?

Spend federal funds as they see fit within a range of options granted by the U.S. government.

What does 'cooperative' federalism eliminate?

Concurrent powers.

What does a constitution establish?

The institutions and apparatus of government.

What does unitary government allow?

The national government to intervene in state or local government issues.

What is a unicameral legislature?

A legislature with only one chamber.

What is the division of government power between the legislative, judicial, and executive branches called?

Separation of powers.

Who possesses supreme political authority within a geographic area?

The sovereign.

What type of executive holds only a fragment of the power within the executive branch?

Plural.

What does it mean when an executive (e.g., a governor) is impeached?

They are formally charged by the House of Representatives with misconduct.

Who carried on the ideals of the Progressives from the 1930s to the 1960s and was influential in national programs like Medicare?

Lyndon Johnson.

What is the authors' argument regarding the 'supremacy clause'?

It settles all legal conflicts between national and state governments.

What do Progressives believe?

Federalism should balance power between national and state governments.

What are the two 'progressive' amendments added to the U.S. Constitution?

16th and 17th.

Did the Federal Reserve System perform as designed between 1913 and 1929?

False.

Who excelled as an administrator in several 'New Deal' agencies?

Jesse Jones.

What is the Tenth Amendment implying?

Powers are delegated to the United States.

What does 'delegated powers' mean?

Powers given to the U.S. by the Constitution.

What is an example of a broadening of state powers?

A line-item veto.

What does it mean that Texas has a 'fractured executive'?

The state's bureaucratic power is decentralized.

Who supervises the leasing of state-owned land?

Commissioner of general land office.

What influences the creation of the Texas state budget?

Certifying the approximate biennial revenue for the state.

Which officials have ultimate responsibility for the actions of the Texas bureaucracy?

No single official has ultimate responsibility.

Is the commissioner of the Department of Insurance elected by the people?

False.

Can the governor remove a state agency appointee without a 2/3 Senate vote?

False.

Who was the only woman elected governor due to her own abilities?

Ann Richards.

How many female governors has Texas had?

Two.

How can the governor convey wishes to the legislature?

Through the State of the State address, veto, and threat of veto.

What is an informal requirement for being a governor of Texas?

Being middle-aged.

What do trial courts deal with?

Torts and crimes.

In a criminal case, who does the defendant's actions attack?

Society.

Is it considered 'double jeopardy' for a person to face trials in criminal and civil courts for the same incident?

True.

Who is the accuser in a civil trial?

Plaintiff.

Which court has exclusive jurisdiction over city ordinances?

Municipal court.

Do district courts accept most cases on appeal?

False.

What type of jurisdiction does a court that hears a case on appeal have?

Appellate.

Who is the chief justice of the Supreme Court of Texas?

Chief justice.

How many members do grand juries in Texas have?

What are J.P. Courts popularly known as?

Small claims courts.

Where are contested probate cases tried?

District courts.

Judges in appellate courts serve how many years?

What is the responsibility of a party to prove their case in court?

The burden of proof.

What standard must the state meet to prove a defendant guilty in a criminal case?

Beyond a reasonable doubt.

What standard is used in civil cases for jury verdicts?

A preponderance of the evidence.

What are appellate courts mainly concerned with?

Review of law as applied in the original court.

What protection prohibits Texas from prosecuting a person twice for the same crime?

Double jeopardy.

Do a 'true bill' and an 'indictment' from a grand jury have the same effect?

True.

What term describes negotiations between prosecution and defense for leniency?

A plea bargain.

Which court handles automatic appeals in death penalty cases?

Court of Criminal Appeals.

What is incorrect about indictments in Texas?

The vote of all grand jurors is needed to indict.

What type of challenge is used when a juror is dismissed for not meeting legal requirements?

Challenge for cause.

What happens when a jury cannot agree on a verdict?

Hung jury.

The Texas Supreme Court is the final appeal court for what type of cases?

Civil cases only.

What is the jury that determines the outcome of a trial called?

Petit jury.

What is an iron triangle composed of?

Legislators, bureaucrats, and representatives of special interests.

What plan includes a retention election for selecting judges?

Missouri plan.

Where are misdemeanor cases that can lead to imprisonment tried?

County courts.

Which courts handle felony cases?

District courts.

What type of tax places more burden on low-income taxpayers?

Regressive tax rates.

What do tax rates that increase with income called?

Progressive tax rates.

Supply-siders advocate what regarding tax rates?

They should be kept low to encourage saving and investment.

What economic theory suggests the government should increase demand through deficit spending?

Keynesianism.

Is real estate a significant source of revenue for state and local governments?

True.

What was the major source of state revenue until the Great Depression?

Property taxes.

Broadly based taxes on retail prices of items are called what?

General sales tax.

Did the state income tax become law with the Income Tax Act in 1893?

False.

After abandoning property taxes, Texas began to rely on what type of taxes?

'Sin' taxes.

What are taxes on total sales revenue of certain businesses called?

Gross-receipts taxes.

Which type of tax applies to real property?

Ad valorem.

What type of tax is the gasoline tax?

Selected sales tax.

What is another name for a selective sales tax?

'Sin' tax.

The franchise tax levies what?

Profits.