GOVT 2306 Exam 2 Review

GOVT 2306 Texas Government review for exam 2. Includes: The Executive, Governor, Judiciary, Capital Punishment, Political Parties, and Interest Groups.

Plural (Split) Executive

Multiple executive figures, significant independence from governor

Current Governer

Greg Abbot

Current Lieutenant Governor

Dan Patrick

Lieutenant Governor Primary Job?

Being the president of the Senate. Set Legislative process, breaks ties, etc.

Current Attorney General

Ken Paxton

Attorney General Primary Job?

Chief lawyer, defends in primarily civil cases. Sues Federal Government.

Current Comptroller of Public Accounts

Glenn Hegar

Comptroller of Public Accounts Primary Job?

Chief tax collector, manages finances including estimates.

Makes Biannual (every 2 years) revenue estimate.

Current Commissioner of Land Office

Dawn Buckingham

Commissioner of Land Office Primary Job?

Many state land and resources (oil and gas). Leases land for use.

Current Commissioner of Agriculture

Side Miller

Commissioner of Agriculture Primary Job?

Manages agriculture laws. Oversees food & animals.

Current Secretory of State

Jane Nelson

Secretory of State Primary Job?

Oversees voter registration and administers elections.

Only appointed executive member

Secretory of State

What does the Texas Railroad Commission regulate?

Oil, gas, trucking, and mining

What does the Board of Education do?

Regulates Education standards such as graduation requirements and allowed textbooks.

Requirement to be Governor

• 30 years old

• US Citizen

• Texas resident for 5 years

Perks of being Governor

• $150k Salary (11th highest in US)

• Use of governors mansion

• Limousine, Aircraft, and Security

• 250 person staff

Order of Succession

1. Lieutenant Governor

2. Senate president pro tempore

3. Speaker of the House

4. Attorney General

5. Chief Justices

Formal Power of Governor

• Appointments

• Veto

• Budget Powers

• Emergency Items

• Special Sessions

• Commander of National Guard

• Message Powers

• Board of Pardons & Paroles

Emergency Items

Declared by Governor, the agenda for first 60 days of legislative session

Special Session

Called by governor, focusses on issue of Gov’s choice. Max length 30 days

Informal Powers of the Governor

• Power to Persuade

  • Aka people listen to them

• Message Powers

Limitations of Governor

• Impeachment (Article XV)

• Legislative Veto Override

• Plural Executive

• Reelection

• Less power than governors in other states

What bill does the Governor have a line-item veto on?

The budget bill

6 Levels of Courts

• Supreme Court

• Court of Appeals

• District Courts

• County Courts

• Commissioners Courts

• Courts of Justices of the Peace

Do you know this?

You should

How are Judges picked?

Voted for by citizens in partisan elections (Except Munipal Courts)

Supreme Law

Federal laws are above state laws. States have to follow federal law.

Statute

Individual law created by legislature (Aka a passed bill)

Ordinance

A city level law

Original Jurisdiction

First place with jurisdiction

Concurrent Jurisdiction

Multiple courts have original jurisdiction

General Jurisdiction

Authority to hear all cases in a geographic area

Limited Jurisdiction

Can only hear certain types of cases

Appellate Jurisdiction

Only hears appealed cases

Courts of Last Resort

1. Supreme Court

2. Court of Criminal Appeals

Supreme Court Jurisdiciton

Final Appellate Jurisdiction in Civil Cases (Appeals from Court of Appeals)

Court of Criminal Appeals Jurisdiction

Final Appellate Jurisdiction in Criminal Cases (Appeals from Court of Appeals, All Death Sentences)

Court of Appeals Jurisdiction

Appellate Jurisdiction in Civil & Criminal Cases (Appeals from District Courts)

District & Criminal Courts Jurisdiction

Original and General Jurisdiction

• Felonies

• Divorce

• Land

• Election

Constitutional County Court Jurisdiction

Original, Limited Jurisdiction, and Appellate from JOP or MC

County Courts at Law Jurisdiction

Concurrent, Appellate Jurisdiction

Probate Court Jurisdiction

Original exclusive.

• Wills

• Guardianship

• Mental Health

Municipal Court Jurisdiction

Original, Limited

• City Level offences (Ordinance Violations)

  • Speeding, Parking, etc.

Justice of the Peace Jurisdiction

Original, Limited Jurisdiction

Common Law

Legal system based on court decisions rather than written laws; evolves over time through precedent and judicial rulings.

General Guidelines for Judge

• Law Degree

• Elected in partisan election

• Vacancies filled by Governor

Who are the “Work Horses” in Legislature?

Lower Courts

What court doesn’t require being a Lawyer?

Justice of the Peace Courts

Who sets how Municipal Court pick their judges?

Cities

The County Commissioner fills what Vacancies?

• Constitutional County Court

• County Court at Laws

• Probate Courts

Which does Texas value more, Accountability or Independence

Accountability > Independence

Independence Theory

• Hamiltonian Theory

• Judges are appointed

• Judges shouldn’t worry about elections and should focus on upholding the law

Accountability Theory

• Jacksonian Theory

• Judges are elected

• Judges should act in the public good, or face not being reelected

Texas Theory

• Primacy of the People

• Reconstruction era fears

• Citizen legislature

• Tough on crime

• Informed civilians

• Judges are over protective of their career

What Criminal Justice does Texas prefer?

Punishment (Instead of rehabilitation)

Rights of the accused

• Speedy public trial

• Impartial Jury

• Know your charge

• Remain Silent

3 Parts of Criminal Justice System

1. Law enforcement and prosecution

2. Criminal Trial (Jury)

3. Corrections

Indictment

Formal written accusation submitted to Court from a grand jury

Bail

Request to be released from custody

2 Types of bail

1. Getting out on being good person (non-violent)

2. Giving up a deposit (money) that you get back upon showing up to court

3 Please

• Guilty

• Not Guilty

• No-Contest

Plea Bargaining

Pleading guilty to a lesser charge or the same charge to receive lighter sentence

Types of sentences

1. Misdemeanor

2. Felony

3. Capital Felony

Recidivism

A return to crime by someone previously convicted

Enhanced Punishment

Repeat offenders receive harsher punishment

Gregg v Georgia (1976)

Ruled the death penalty is not “cruel and unusual punishment” aka it’s LEGAL.

Undid Fermon v Georgia (1972)

Atkins v Virginia (2002)

Ruled Incompetent (Mentally unwell) people can’t be put to death. State decides who counts

Fermon v Georgia (1972)

Ruled death penality is “cruel and unusual punishment” aka ILLEGAL

Is the use of the death penalty increasing or decreasing?

Decreasing

What is the primary execution method?

Lethal Injection

Why is it difficult to get lethal injection drugs?

Pharmacies don’t enjoy the negative press so they refuse to supply. This forces states to get them from out of country.

Why don’t many courts seek the death penalty?

It is very expensive

3 Components of Political Parties

1. Party in electorate

2. Party in government

3. Party organization

Party in Electorate

The way citizens identify with a political party. Large identification is good for a party.

Party in Government

How parties effect different aspects of government (What the party does in office)

• Caucus

• Legislature

• etc

Party Organization

How parties are set up and run (Better run parties tend to do better)

Does Texas have party registration for voting?

No

How many party primaries can you vote in in Texas?

Only 1

Party Organization levels (Highest to Lowest)

1. National

2. State

3. County (aka District)

4. Precinct

Lifespan of Parties

Long periods of stability with short periods of rapid change

Party Realignment

A significant change in party loyalty, typically caused by a critical election

New Deal & National Democrats

National democratic party too liberal for texas democrats

Shivercrat Movement (1950s)

Allan Shiver urges Texas democrats to support republican presidential election. (Presidential Republicans)

What was the critical election that caused the realignment from democrat to republican in Texas?

Nixon (1968)

Civil Rights Movement effect on Texas Political Parties?

It resulted in many Texans changing from being democrats to republicans.

How often do 3rd Parties win elections?

Like never lmfao

Libertarian Party

• Largest 3rd party

• Limited government

• Fiscally conservative, socially liberal

• Party of protest

What do 3rd parties aim to do?

Convince primary parties to change their positions on certain topics.

Spoiler Effect

3rd parties pull votes away from primary parties

Winner takes all

The winner of an election receives everything. (Makes 3rd parties bad)

Ballot Access Laws

Laws that regulate the requirements for political parties and candidates to appear on the ballot in elections.

Interest Group

An organization of people in order to influence government and make a change

Pluralist Perspective (Ideal)

• Pro interest group

• Competition between groups is good for society

• Assumes opposing groups are equally powerful

• Process > Decisions

Elitist Perspective (Reality)

• Specific groups hold elite power

  • One group holds more power than the others

• Business interests are favored over public

Main Interest Group types

• Public

• Private (aka special)

Public interest group purpose

Promoting policies for the public as a whole (ex. Better Schools)

Private interest group purpose

Promoting policies for specific groups of people (ex. Businesses)