POLS Exam 3

State level political institutions with formal decision making authority:

1) Legislatures

2) Executives

3) Courts

Major functions of legislatures

Lawmaking: Creating, amending, and repealing state laws.

Representation: Legislators advocate for the interests of their constituents.

Oversight: Monitoring the executive branch and state agencies to ensure laws are implemented correctly.

Budgeting: Approving state budgets and allocating funding.

Redistricting: Drawing legislative district maps after each census.

Lawmaking vs. Representation

Lawmaking institution

must benefit the entire state

- enactment of statutory laws

- confirmation of appointments

- budgetary powers

- oversight authority

Representative institution

advocate for their local constitutions

- represents interests of constituents

-brings funding and projects to district

- constituent services

Institution ties...

legislation and representation together. Individual stater legislature represent particular constituency that elected them but together they make laws of the entire state.

Types:

Pork barrel

Constituent services

Redistricting

Pork barrel legislation

Legislation giving benefits ($$) to constituents through sometimes unnecessary of unwise projects within a state or district, to enhance a memeber's chance of reelection

Constituent services

Services a congressperson provides for his/her constituents "help out" (ex., helping with government claims like social security & veterans benefits) and gets good public image

Legislative redistricting

creates uncompetitive legislative districts that protect incumbent lawmakers

Te ideal representative government

Members sent by smaller constituencies and make up of lay bodies (normal people/citizen lawmakers) and have well paid but professional & flexible jobs (law, real estate, business)

Representation of the people

legislature provides a substantive representation and not a descriptive representation.

Substantive representation: representation based on the communication of constituents' interests. (Connected through linkage institutions)

Descriptive representation: members mirroring the politically relevant characteristics of constituents (race, gender, age)

Geographic basis of representation

representation divided into geographic districts; each level of govt has its own boundaries (house, senate, state senate/house) and they can overlap

Who draws the lines?

State legislatures

They draw their own state legislative & congressional districts

2 Part process:

1) apportionment

2) redistricting

Legislative apportionment

Distribution of legislative seats based on population.

Starting with the U.S. Census to get population count.

Congressional districts: must be within 2% of the size of the ideal district

State districts: looser standards, have to respect political subdivisions, large deviations will have ti be justified

Malapportionment

Common before 1960s

the uneven distribution of the population among legislative districts with rural domnation

Fixed in 1962 Baker v. Carr which established the legal principle of "one person, one vote" meaning equal representation

Formal legal rules for redistricting

1) equality of population

- "one person, one vote"

2) contiguity

- the whole district must touch

3) Protected groups

- Voting rights act protects minority representation.

- Can't draw map to dilute minority votes

4) district shape

- can be odd but not bizarre

Traditional redistricting principles

- Compactness

- Contiguity

- Maintaining "communities of interest"

- Respect for political boundaries (don't split a town)

Types of gerrymandering

1) partisan gerrymandering

- party in control of state house are the ones who draw the districts in their favor (both rep and dems)

- no prohibition against it

2) racial gerrymandering

- "negative" illegal under the VRA (cracking)

- "affirmative" legal but controversial (packing)

Redistricting how often?

Every ten years

Traditional defenses against gerrymandering

4 formal legal rules: "one person one vote", contiguity, protected minorities, non-bizarre

Legal arguments: burden of proof on state to defend map

- redistricting only once and invalidation via "excessive oartisanship"

Voting rights act "preclearance"

Redistricting in Texas

Party in control of state government controls redistricting

ex. 2002 elections the TX house flips to republican rule but the census in 2000 was completed by the previous legislative

Mid 2000s TX redistricting

2003 TX redistricting legal controversies:

1) mid decade redistricting

2) excessive partisanship

3) dilution of hispanic votes

2006 LULAC v. Perry U.S. Supreme Court decision

- perpetual re-districting is legal

2) harder to claim "excessive partisanship" in court

TX 2011 Redistricting

Proposed map failed VRA preclearance

Shelby County v. Holder (2013)

- TX is no longer a covered state

- TX immediately implements federally contected maps

Maps were them challenged in court for:

1) excessive partisanship

2) dilution of minority votes

Excessive partisanship

Overly biased districting favoring one political party.

Rucho v. Common Cause (2019)

Partisan gerrymandering claims are not justiciable because they present a political question beyond the reach of the federal courts

Abbot v. Perez (2018)

A United States Supreme Court case dealing with the redistricting of the State of Texas following the 2010 census results. The Supreme Court declined to strike down several Texas legislative and congressional districts on grounds of discrimination against hispanic voters, in a blow to activists who want the courts to take a tough line against racial gerrymandering.

Since the 2020 U.S. Census

Multiple legal challenges to date:

- federal lawsuits with claim that TX maps violate the VRA and 14th amendment rights

- state lawsuits claiming new districts violate TX constitution

Recent legal developments

Allen v. Milligan (2023)

Racial gerrymandering, should section 2 of VRA apply to redistricting.

Independent State Legislature Theory (ISL)

- legal theory that state legislatures have authority to regulate elections unchecked by state courts, governors, commissions.

Moore v. Harper (2023)

Do voters choose their representatives?

Before 1960

- growing rural-urban imbalance in representation and political power (malproportionate)

Since 1960s

- growing partisanship in districts

- growing politicization of redistricting process

Today

- redistricting determines "winners"

- fewer competitive seats

- unopposed incumbents in many legislative contests

Gerrymandering Techniques

Goal: get as many districts as possible to give your political party an advantage

1) Packing: decreases the voter districts

2) Cracking: spreads out their votes

Overview of the court cases

1. Moore v. Harper (2023)

Issue: Can state legislatures make election rules without state court oversight?

Decision: No — state courts can still review election laws.

Significance: Protects checks and balances in elections.

2. Allen v. Milligan (2023)

Issue: Did Alabama's map dilute Black voting power?

Decision: Yes — it violated the Voting Rights Act.

Significance: States must fairly represent minority voters.

3. Shelby County v. Holder (2013)

Issue: Is the Voting Rights Act's preclearance rule still needed?Decision: No — struck down the formula used to decide which states needed federal approval.

Significance: Made it easier for states to change voting laws without oversight.

4. LULAC v. Perry (2006)

Issue: Was Texas's mid-decade redistricting unfair or discriminatory?

Decision: Mostly allowed, but one district violated the Voting Rights Act.

Significance: Mid-decade redistricting is allowed; racial fairness still required.

5. Abbott v. Perez (2018)

Issue: Did Texas intentionally discriminate in redistricting?Decision: No — the Court sided with Texas.

Significance: Made it harder to prove racial gerrymandering.

6. Rucho v. Common Cause (2019)

Issue: Are partisan gerrymandering claims a federal issue?Decision: No — it's a political question, not for federal courts.

Significance: Left partisan gerrymandering to the states.

Can redistricting be fixed?

Post Rucho, federal courts will no longer rule of partisan gerrymandering claims

State lvl efforts to prevent abuse

- Independent redistricting commissions

Reform takes place through popular initiative

State legislatures as lawmaking institutions

1. Making statutory laws

- to solve problems

- symbolic, honorific, (or favors)

2. Budgetary power

- representative function tied to taxation power

- spending of public funds

3. Amending state constitutions

Variation in state legislatures

1) Lay (citizen) / Part-Time

- volunteers; little salary

- Shorter, more infrequent sessions

- legislatures usually serve 1-2 terms, somtimes term-limited

2) Professional/ Full time

- fulltime; full salary

- longer sessions

- Can serve many terms, higher reelection rate

- more staff, legislative and constitutent services

- makes interest groups and lobbying more successful

The legislature as a system

-Each legislature has a unique culture featuring rules, norms, internal organizational structures, & and traditions

-Reliance on the expertise of others is necessary & and routine

-An individual legislator's power depends of the votes he/she bring

-Supermajorities (that vote as block) can "cut out" minority party from the lawmaking process

What do legislatures do?

Only 20-25% of laws get passed

- fewer get passed in professional legislatures

Most legislation is never considered

- DOA

- Duplicates

- Die in committee w/out consideration (pigeon holed= never looked at)

Killing bad bills

Why it is bad:

1) harmful to constituents

2) wasteful resoures

3) ideologically "wrong"

Legislative procedure is great to kill bills:

- advantage to the status quo

- designed for delay and killing bills

- legislature is an "arbitrator" of public policy, not an initiator

Every step a bill can die

1) legislatures must sponsor and introduce bills

2) all bills are assigned to committee, many are pigeonholded and never looked at

3) Bills voted out of committee are assigned to a calendar based on content and priority (many never debated or recieve vote)

4) Bills that get votes may not pass

5) Pass one chamber, go to the other chamber for the same process

6)Bills passed by BOTH chambers must be exactly alike

7) Go to the governor

Life of a major bill

Introduced earlier in session

More companion bills (to increase likelihood of success)

More even distribution across committees

More amendments (more momentum it has the more bills that get tacked on as amendments)

More likely to die

Later final action (vote for passage)

Veto is rare

The Committee System

Members of Congress are assigned to committees to investigate the merits and problems with suggested bills, sometimes holding public hearings to learn more before sending it to the full House or Senate for debate and a vote.

-20 to 30 standing committees

Specialization of labor

- subject matter jurisdictions

- legislatures specialize and develop policy expertise

Legislative leadership

- presiding officers and partisans

Tools to help bills:

- give it a special low number

- assign it to an easy committee or prime calendar spot

Tools to kill bills:

- assign bill to impossible committee

- Assign a do nothing calendar spot

In TX bills need BOTH Speaker (House) & Lt. Governor (Senate)

Texas Legislature Schedule

Tx House of representative (150 members, >21 y/o, 2 year terms, no term limits)

TX State Senate (31 members, >26 y/o, 4 year terms, no term limits)

Meets every 2 years (biennial)

Regular session lasts 140 days

- bills filed 60 days prior

First 60 days

- unrestricted bill filing but can't pass any

Day 60 rule change

- 80% consent for new bills

Final 2 weeks

- 80% of all bills passed.

Adjorns in late may

Readings & Calendars

Bills recieve up to 3 readings (caption)

1) bill's committee assignment

2) copies of entire bill are placed at each desk

3) final vote

Some legislative procedure

TX House of Reps

"Ghost-voting" for other members

Rapid-fire" lawmaking on a calendar for minor bills

TX Senate

All bills that reach the floor pass (only 1 member needs to be present)

Determine the position on the bill by...

Floor discussion is not used to decide how to vote.

Determine positions:

1) they are the expert

2) look to other legislatures w/ expertise

3) adopt positions of organized interests (groups, lobbyists)

Partisanship in state legislatures

Party-in-government: legislatures are organized by whichever party has power (majority power)

Partisanship: Growing influence of political parties in decision-making.

Polarization: Increasing ideological division between Democrats and Republicans.

Background of U.S. governors

Traditionally the sons of state political families

TV age and candidate centered

Legal background

Recruitment of Governors

Usual: considerable prior experience in public affairs

Common: experience in other statewide, elected office

Universal: political ambition

U.S. Gubernatorial Elections

- always partisan, always contested

- almost always competitive

- expensive state-wide race

- often elected during midterm years

- term limits and restrictions vary by state

- modern governors enjoy incumbency advantage (more recognition)

Removal from office

Recall (13 states, not TX)

- political dissatisfaction prompts removal by voters

Impeachment (49 states)

- impeachment and trial by state legislature in response to wrongdoing

- ex. Ferguson

Governorship growing in power

State gov. playing larger role

Leadership advantages:

- executive: full time, professional, experienced stadd

- legislative: part time, amateur, lay

Roles played by governors

administrator, legislator, ceremonial duties, chief negotiator, public opinion leader, party leader

2 Components of Gubernatorial power

Formal/Institutional

- from state constitution & statutes

1) appointment

2) tenure potential

3) managerial

4) fiscal

5) legislative

Informal/ Personal

- varies w/ individual & circumstance

Appointment Power

The power to choose other statewide executive officials

Key to strength of the office

Appointment is no guarantee of cooperation

there has to be a cause to be removed

TX is very weak. Most statewide positions are elected, they answer to the people not the governor.

Tenure Power/ Potential

Ability of a governor to remain in office, including:

1. Length of term

2. Re-election, re-eligibility restrictions

- Great variance among states

- TX: no term limits or restrictions

Managerial powers

Oversight of administration, coordination of departments, executive orders

Reorganization of executive branch, including creation of new executive agencies

Weaker if appointed boards aer insulated from political control via long, staggered terms

Fiscal power

Governor often supervises preparation of state budget

TX: governor has the weakest fiscal influence

- Legislative budget board is in charge

Governor can

- share power to transfer money between programs

- line item veto

Legislative power

veto power

TX: above average

- line item veto for bills

- 30 day special sessions

- Override requires 2/3 vote of both houses of legislature

- agenda setting power

- declare emergency items

informal/ personal power

"Getting things done" despite institutional limits

Informal power

- reputation and leadership

- effective use of media

- ability to persuade others

- popularity

Is there absolute power?

No, you share executive formal power with other state executives

Unitary v. Plural executive

Unitary Executive: One leader controls executive power (e.g., U.S. President).

Plural Executive: Power divided among multiple officials (e.g., Texas)

- leads to weaker governor authority

Most common state offices

Lt. Governor (45 states)

Secretary of State (47 states; elected in 35)

Attorney general (50 states; elected in 43)

Treasurer (48 states, not TX!; elected in 36)

Auditor &/or Comptroller

Common appointed/ elected offices

Comptroller: Manages state funds.

Attorney General: Chief legal officer.

Land Commissioner: Oversees public lands.

Agricultural Commissioner:

Regulates farming industry.

Railroad Commission: Regulates oil, gas, and transportation.

Lieutenant governors in the states

Powers of states' "second in command" vary greatly.

Some states' Lieutenant Governors not very powerful.

- office has few formal powers vested by the constitution

Other states created much stronger offices.

In TEXAS the Lt. Gov:

Traditionally viewed as the most institutionally powerful government position in TX

4-year term, not "paired" w/Governor like P.O.T.U.S. & VP

The lieutenant governor

"legislator in cheif": most powerful state legislator

President of TX senate

- procedural oversight

-broad legislative influence

- appoints senate committees

- assigns bills to committees

- chair or co-chairs positions on several legislative boards

NOT a ceremonial role

Budget

The buget is the most important bill of any legislature

Lt. Gov is co-chair of 10 member legislative budget board and appoints half its members

exercises key agenda setting power

Executive department in texas

Governor has NO broad powers over much state gov'tbusiness, including...

Lt. Governor: primarily a "super-legislator"

TX plural executive: many independent grants of pwoer

- most office elected

Comptroller of public accounts

4 year term

POWERS: broad financial responsibilities

1. tax collection, accounting, check writing, audits

2. treasurer of state funds and investments

3. estimating revenue for state

Heart of budgetary process

They must certify a budgets revenue estimate to pass it

Land Commissioner

4 year term; heads of General Land Office

Powers: managing TX public lands & their resources

- including mineral rights, grazing leases, oil & gas leases

issues permits for exploration & use

- collects royalties on oil & gas extracted (valuable state revenues)

Public lands in TX

12% is public land, only state to control all its public lands,

royalties from these lands added to state funds

Railroad Commission (RRC)

3 commissioners, 6-yr staggered terms

Regulates oil & gas, pipelines, etc.

- Not railroads since 1980s•

Powers: Writing regulations & adjudicating implementation of state energy laws

TX RRC Challenges

Oil and gas controversies:

- human induced earthquakes (from disposal of watewater)

- eminent domain and piplines

- groundwater trespass

- orphan wells

- flaring

- local control of oul

Agricultural Commissioner

4 yr term: heads texas dept. of Agriculture

POWERS: Enforces state agricultural laws for nations 2nd leading agricultural producer

- food inspection

- Promotion of exports

- Animal quarantine, disease, pest control

Conflict: also responsible for consumer protection and environmental laws

Attorney General (AG)

4-yr term; chief legal officer for state

- Mostly civil law (not criminal law)

- Represents state agencies in lawsuits

Powers:

- Issues legal opinions on legality/constitutionality of statutes

- Statements have effect of law, unless overturned by court or altered by legislative action

- Enforces anti-trust & child support laws

Secretary of State

appointed by governor, confirmed by TX senate

Powers:

- administers state election laws

- maintains public records and filings

- keeper of the state seal

Due to role as chief election office they face intense political scrutiny

Division of executive power

prevents one individual from holding too much power

Issues:

- lack of energy in administration

- fragmented state-wide policy

- executive lobbying & increased interest group power

What is a bureaucracy?

a system of government in which most of the important decisions are made by state officials rather than by elected representatives.

Characteristics of Bureaucracy

1. Hierarchical structure

2. Task specialization/ division of labor

3. Clear lines of responsibility

4. Mission driven w/ specific organizational goals

5. Operate impersonally via many rules

What do Bureaucracies do?

1. Implementation of laws

- Creating concrete operational rules & procedures to carry out public policy

2. Regulation (quasi-legislative)

- Creating the rules that set parameters for firms & individuals

- Re: states' traditional regulatory powers

- e.g. licensing, insurance, real estate, vehicle registration

3. Adjudication (quasi-judicial)

- Deciding whether individual or organization has complied w/ laws, rules & regs.

- Can be "strict" or "loose"

Workhorses of the Executive branch

Bosses: appointed & elected officials

Bureaucrats: agency staff that do the actual work of the gov

State and local bureaucrats make up around 13% of all U.S. employees

- largest groups are public school teachers and staff, police and fire

The executive branch in texas

Governor has NO broad powers over much state gov't business (legal system, state budget, education, transportation, ag, etc.)

Lt. governor has few executive functions

Plural executive vests executive power in many offices

Fragmented executive enables flourishing bureaucracies

Growth of bureaucracy

Growth is mainly state and local level

Largest driver is increased demand for gov services

- schools

- utilities

- prisions

What causes bureaucratic growth

Policy incrementalism

- new laws means new rules and regulations each year.

-less review of existing policies

Expansion slows (rather than stops)

Current bureaucratic growth

Downsizing done via "Sunset Laws"

Texas Sunset Commission (1978)

- reviews small portion of the states agencies each year

- abolition of agencies

Texas D.O.G.E.

- Lege committee that has oversight over the sunset committee

Bureaucrats in the U.S.

most gov. jobs in the U.S. are state and local gov.

Most street lvl bureaucrats, including:

- school teacher

- public hospital

- police

Staffing the Bureaucracy

patronage/ spoils system

- gov jobs filled based on party or personal loyalty

merit system

- staffing based on competence & qualifications

Civil service

- pendleton act: applied merit system to federal jobs

Merit system

Hallmarks

- testing/ interviews of top candidates

- promotion and pay based on performance

- encouragement and support for professional development

only 33% is employed under merit syste,

other 2/3 open to patronage

Bureaucratic cultures

Bureaucracies often develop their own 'cultures,' usually in strong support of the function they serve, their client interest group, and, of course, their own pay, perks, and job security.

top down reform

Bureaucratic agencies

self-interest model of organization behavior applies

employees want to perpetuate & grow organization

- benefit themselves

mission = survival + growth

Privatization of public services

involves moving away from direct gov. provision of services

methods of privitization:

- contracting & franchising (monopoly contract)

- grants (gov funding)

- vouchers

Most priviatized sectors

many gov't are frequently contracted out

state lvl:

- education

- corrections

-health

Local lvl:

- waste disposal

- vehicle towing

- street repairs

Branches of government

Legislatures

- make laws

-power of the purse

Executives

- enforce the laws

- power of the sword

Courts

- judge

Courts as Unique Decision-makers?

Often claim to be different than the "political branches."

May be set up quite differently from Leges & Execs

- lifetime tenure

- designed to make judges impartial and independent arbitrators

Deciding based on "the law"

two broad types:

1) criminal law: defines and punishes wrongful actions committed against the public

2) civil law: the definition and enforcement of all private or public rights

Disputes before court must be justiciable and be able to be resolved by legal principles

parties must have standing to bring a case

Decisions are constrained by precedent

- (stare decisis- stnad by things decided)

The role of the courts

Judicial restraint

- embrace role of court as passive and reactive

- differential with minimal policymaking role

Judicial activism

- less deferential

- may make bold policy decisions or interpretations

2 kinds of jurisdiction

Original: First court to hear a case.

Appellate: Reviews lower court decisions.

- may choose to hear it or has to hear it, mandatory or discretionary

Regulation v. adjudication

Regulation: Enforcing rules on businesses and individuals.

Adjudication: Resolving disputes over regulations.

Courts of original jurisdiction (trial courts)

The courts deal with 2 types of cases

1) question of fact

- if trial, answered by jury

2) question of law

- always answered by judge

Appellate Jurisdiction (Courts of Appeal)

Appeals only take issue w/ trial judge's decisions

regarding questions of law

Panel of judges hears objections to lower court decisions

- review court records and receive briefs

May affirm (uphold) or vacate (reverse) lower courtjudgment

The dual court systems in the U.S.

Federal courts

- for cases and controversies arising under federal law

- constitutional issues and federal law cases

- ex. patents and copy rights

State court systems

- legal issues arising under state law

- 99% of cases are seen in state court

General structure of state courts

Court of Last Resort

- e.g., State Supreme Court

Appellate Courts

- e.g., Court of Appeals

Major Trial Courts

- Courts of first instance with general original jurisdiction

- e.g., District Court, Court of Common Pleas, etc.

Courts of Limited Jurisdiction

- Courts of first instance for specific kinds of cases

- e.g., Traffic, Juvenile, Family

Texas State Court Structure

Two Courts of Last Resort (statewide jurisdiction_

- court of criminal appeals (criminal cases)

- supreme court (civil & juvenile)

14 Courts of Appeals

499 District Courts

Various local trial courts of limited jurisdiction