Understanding Texas Government and Civil Rights Study Guide

Tejanos

People of Mexican descent who were born in Texas.

Anglos

People of English or European descent who settled in Texas.

Empresarios

Land agents who were granted the right to settle on Mexican land in exchange for bringing in new settlers.

Battle of the Alamo

A pivotal event in the Texas Revolution where Texan defenders fought against Mexican forces.

Treaty of Velasco

The treaty that ended the Texas Revolution and recognized Texas's independence from Mexico.

Manifest Destiny

The 19th-century doctrine that the expansion of the US throughout the American continents was both justified and inevitable.

Compromise of 1850

A series of laws passed to resolve disputes over slavery and territorial expansion, affecting Texas's boundaries and status.

Civil War

A conflict from 1861 to 1865 between Northern states and Southern states, including Texas, over issues like slavery.

Reconstruction

The period after the Civil War focused on rebuilding the South and integrating freed slaves into society.

1866 and 1869 Texas Constitutions

Documents that redefined governance in Texas, particularly regarding rights for African Americans.

Carpetbagger's Constitution

A derogatory term for the 1869 Texas Constitution, seen as imposed by Northern opportunists.

One-party Democratic politics

A political system in Texas post-Reconstruction where the Democratic Party dominated state politics.

1876 Texas Constitution

The current constitution of Texas that established a decentralized government structure.

Spindletop

The site of the first major oil discovery in Texas in 1901, marking the beginning of the oil boom.

Economic Diversification

The process by which Texas's economy transitioned from oil dependency to a mix of industries including services.

Yellow Dog Democrats

Southern Democrats who would vote for any Democrat regardless of their policies or beliefs.

Civil Rights Movement

A struggle for social justice and equality for African Americans, impacting political dynamics in Texas.

Majority-minority states

States where the combined population of minority groups exceeds that of the majority group.

Political Culture

The set of attitudes, beliefs, and sentiments that shape the political behavior of a population.

Daniel J. Elazar's classification system

A framework categorizing political cultures as moralistic, individualistic, or traditionalistic.

Federalism

A system of government where power is divided between a central authority and constituent political units.

Necessary and Proper Clause

A clause in the Constitution allowing Congress to make laws deemed necessary and proper for executing its powers.

Supremacy Clause

A clause in Article 6 of the Constitution establishing that federal law takes precedence over state laws.

Interstate Commerce Clause

A clause granting Congress the power to regulate commerce between states.

Equal Protection Clause

A clause in the Fourteenth Amendment ensuring that no state shall deny any person within its jurisdiction equal protection of the laws.

Due Process Clause

A clause in the Fourteenth Amendment that prohibits states from denying any person life, liberty, or property without due process of law.

Power to tax and spend

The federal government's authority to collect taxes and allocate funds to promote general welfare and influence states through grants.

Categorical grants

Federal funds provided to states for specific purposes, with strict regulations on how the money is to be used.

Coercive federalism

A form of federalism where the federal government pressures states to implement certain policies through regulations and funding.

Full Faith and Credit Clause

A constitutional provision requiring states to recognize and enforce the public acts, records, and judicial proceedings of other states.

Privileges and Immunities Clause

A constitutional clause that prohibits states from discriminating against citizens of other states.

Popular sovereignty

The principle that the authority of a government is created and sustained by the consent of its people.

Social contract theory

The philosophical idea that individuals consent to form a government to protect their rights and welfare.

Constitutional limits on government power

Restrictions placed on government authority to protect individual rights and maintain a balance of power.

Separation of powers

The division of government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another.

Checks and balances

A system that ensures that no one branch of government becomes too powerful by providing each branch with the means to limit the powers of the others.

Plural executive system

A system in Texas where executive power is divided among multiple elected officials rather than being concentrated in a single executive.

Bill of Rights

A section of a constitution that guarantees specific rights and freedoms to individuals, with Texas's Bill of Rights being more generous than that of the U.S. Constitution.

Supreme law of the state

The principle that the state constitution is the highest law within the state, followed by state statutes and local ordinances.

Constitution of Coahuila y Tejas (1827)

The first constitution of Texas, establishing a republican form of government under Mexican rule.

Republic of Texas Constitution (1836)

The constitution that established Texas as an independent republic after gaining independence from Mexico.

Statehood Constitution (1845)

The constitution that admitted Texas into the United States as a state.

Civil War Constitution (1861)

The constitution adopted by Texas during the Civil War, reflecting the state's alignment with the Confederacy.

Reconstruction Constitutions (1866, 1869)

The constitutions that were enacted during the Reconstruction era to reintegrate Texas into the Union.

Spanish law contributions

Influences from Spanish law in Texas, such as property rights for women, that shaped the legal framework.

Articles of the Texas Constitution

Main content sections including Bill of Rights, Powers of Government, Legislative Department, Executive Department, Judicial Department, Suffrage, Education, Counties, and Amendments.

Ideal characteristics of a constitution

Features such as being brief, explicit, based on general principles, outlining broad governance, ensuring accountability, and allowing infrequent amendments.

Amending the Texas Constitution

The process requiring a two-thirds vote in both houses of the legislature and majority voter approval for amendments.

Criticisms of the Texas Constitution

Common issues include its length, unclear language, outdated details, inflexibility, and frequent changes due to excessive detail.

Bicameral structure of the Texas Legislature

The division of the Texas Legislature into two chambers: the Senate and the House of Representatives.

Biennial sessions

Legislative sessions in Texas that occur every two years, lasting 140 days in odd-numbered years.

Special sessions

Sessions called by the governor to address specific issues outside the regular legislative session.

Formal qualifications for House and Senate members

Requirements such as age, citizenship, and residency that individuals must meet to serve in the Texas Legislature.

Informal qualifications of Texas legislators

Older, male, well-educated professionals.

Salary and per diem of Texas legislators

Implications for who can serve.

Pension system for legislators

Support provided for staff and facilities.

Single-member districts

Electoral districts that elect one representative.

Multimember districts

Electoral districts that elect multiple representatives.

Geographical representation

Promoted by single-member districts and can advantage minorities.

Reapportionment

The process of reallocating seats in the legislature based on population changes.

Redistricting

The process of redrawing district boundaries.

Controversies of reapportionment and redistricting

Interest groups and incumbents try to influence these processes.

Baker v. Carr

A U.S. Supreme Court case impacting redistricting based on population.

Reynolds v. Sims

A U.S. Supreme Court case establishing the principle of 'one person, one vote'.

Majority-minority districts

Districts designed to increase minority representation.

Gerrymandering

The manipulation of district boundaries for political advantage.

Hunt v. Cromartie

A key court case related to gerrymandering.

Redistricting controversies in Texas

Political battles over redistricting in 2001, 2003, 2011, and 2021.

Cost of running for office

Influenced by Political Action Committees (PACs).

Incumbents surviving election challenges

Prevalence of 'safe districts' contributes to this.

Term limits

Texas does not have them.

Turnover in the legislature

Caused by voluntary retirement, low pay, and rigors of reelection.

Speaker of the House

One of the two most powerful individuals in the Texas Legislature.

Lieutenant Governor

The other powerful individual in the Texas Legislature.

Committee types

Includes standing, conference, temporary, and interim committees.

Fiscal note

An estimate of the financial impact of a bill.

Biennial budget process

Involves the Legislative Budget Board, Governor, Senate Finance Committee, and House Appropriations Committee.

Legislature's oversight function

Includes calling agency representatives to testify.

Impeachment process in Texas

House initiates, Senate conducts trial, two-thirds vote for conviction.

Delegate vs. trustee roles

Differentiates representational roles in the legislature.

Legislative professionalism

Defined using Peverill Squire's index (pay, session length, staff resources).

Context of discrimination against Mexican Americans

Pervasive discrimination faced in the mid-20th century, including segregation and loss of status.

Mexican Americans and Racial Categories

Mexican Americans did not fit neatly into the 'black or white' racial categories and were considered 'white by law' but treated as a separate, inferior class.

Examples of Violence

Examples of violence and ill-treatment include lynchings and shootings against Mexican Americans.

Impact of World War II

Mexican American veterans returned with 'dramatically raised expectations' and a belief they had earned first-class citizenship.

Building Resentment

Continued discrimination after wartime service caused building resentment among Mexican American veterans.

Felix Longoria Incident

The Felix Longoria Incident (1949) became a 'flashpoint' for Mexican American civil rights, leading to public outcry and eventual burial in Arlington National Cemetery.

Key Civil Rights Organizations

Key organizations like LULAC and the G.I. Forum aimed to advocate for Mexican American civil rights.

Early Legal Successes

Lawyers like Gus García and Carlos Cadena achieved early legal successes such as desegregation of schools and ending restrictive covenants.

Insufficient State-Level Victories

State-level victories were insufficient, prompting Mexican Americans to take their cases to the U.S. Supreme Court for constitutional protection.

14th Amendment Application

Applying the 14th Amendment to Mexican Americans was challenging as they were legally considered white.

Hernández Case

The Hernández Case involved the murder of Pete Hernández and Joe Espinosa in Edna, Texas, highlighting the issue of an all-Anglo jury.

Legal Team

The legal team included Gus García, John Herrera, James DeAnda, and Carlos Cadena, each bringing individual strengths.

Gus García's Character

Gus García was known for his legal brilliance and personal struggles with alcohol.

Pre-Trial Objection

The initial pre-trial objection argued that excluding Mexican-American jurors was fundamentally unfair and challenged Texas's racial caste system.

Sundown Towns Context

The context of 'sundown towns' highlighted the dangers faced by the lawyers in Edna.

Testimony of Pauline Rosa

Pauline Rosa's testimony addressed school discrimination faced by Mexican Americans.

Segregated Bathrooms Irony

The irony of segregated bathrooms in the Edna courthouse was a powerful symbol of discrimination.

Initial Trial Outcome

The initial trial resulted in Pete Hernández being convicted, with an appeal immediately filed.

Class Apart Theory

The 'class apart' theory was a bold but risky legal strategy arguing that Mexican Americans were a class apart from whites.