Tex Gov Mid-Term Study Guide

1824 – Mexican Constitution of 1824

Federalist Mexican polity; Catholicism; influenced Texans’ emphasis on states’ rights.

1836 – Republic Constitution

Declares independence; unitary executive; slavery protected; elected judiciary.

1845 – Statehood Constitution

Adapts 1836, sets clear checks & balances; legislature dominant; governor’s limited power.

1861 – Confederate Constitution

Texas joins Confederacy; slavery and states’ rights reaffirmed.

1866 – Presidential Reconstruction

Repealed secession, ended slavery (but resisted 13th Amendment); imposed Black Codes

1869 – Radical/Congressional Reconstruction

Strong centralized government under Governor Davis; rights for freedmen; military oversight

1876 – Current Constitution

Reaction to Reconstruction; long, fragmented, decentralized to limit government power.

What is the purpose of the Texas Constitution?

Texas Constitution focuses on limiting government, offers specific policy details, decentralizes power (judges elected, multiple boards)

How does the Texas Constitution contrast from the U.S. Constitution?

Less flexible – requires amendment for policy changes (~500+ amendments), U.S. Constitution is shorter, flexible, and promotes broad federal powers.

What is the Amendment Process under the Texas Constitution?

Must pass with a two-thirds vote in both legislative chambers., Then approved by a majority vote in a citizens’ referendum., Attempts at constitutional revamp often fail due to fragmented governance and strong interest-group influence.

Article I of the Texas Constitution

Texas Bill of Rights – includes unique protections on education, victims’ rights, broader than U.S.

Article II of the Texas Constitution

Explicit separation of powers among executive, legislative, judicial branches

Article XIII of the Texas Constitution

Originally addressed land grant issues under Spanish–Mexican law; mostly repealed but historically significant.

Article XVII of the Texas Constitution

Details the amendment process—legislative proposal + voter referendum.

Presidential Reconstruction

Andrew Johnson’s lenient terms; allowed Texas back without guaranteeing full civil rights.

Congressional Reconstruction

Radical Republicans mandated military rule and broader civil rights, leading to the 1869 constitution

Treaty of Guadalupe Hidalgo (1848)

Ended U.S.–Mexico War; affirmed Texas’s boundaries and U.S. sovereignty over the land.

Federalism

Power divided constitutionally between a national government and state governments

Sovereignty

Texas and the U.S. each retain supreme authority within their respective constitutional spheres

Dual Federalism (“layer cake”) (1789–1937)

Clear, separated roles—federal for national, states for local/regional; e.g., Texas oil regulation, Jim Crow laws stayed local

Cooperative Federalism (“marble cake”)

Since the New Deal; intertwined roles via grants-in-aid to achieve policy goals

New Federalism

Nixon and Reagan-era push to restore state autonomy via block grants

Coercive Federalism

Federal mandates on states (often unfunded), usually sparking state resistance.

Supremacy Clause (Art. VI)

Federal law and treaties prevail over state laws

Elastic (Necessary & Proper) Clause

Elastic (Necessary & Proper) Clause

Full Faith and Credit

States are required to honor each other’s public acts (e.g., court judgments) unless public policy conflicts arise

Reserved Powers (10th Amendment)

Any power not granted to the federal government is reserved for the states

Dual sovereignty

Both federal and state governments can act independently.

Unfunded mandates

Laws that require state action without financial support

Preemption

Federal law overrides conflicting state law

Independent state grounds

States can provide rights beyond the federal baseline

Policy exception

States may deny recognition of other states’ actions that violate their policies.

Nullification Crisis (1832)

SC's attempt to nullify federal tariffs ultimately failed

McCulloch v. Maryland (1819)

Validated implied federal powers and federal supremacy

Gibbons v. Ogden (1824)

Only Congress can regulate interstate commerce.

Civil War Amendments

13th, 14th, 15th

13th Amendment

Abolished slavery

14th Amendment

Due process, equal protection

15th Amendment

Prohibited racial voting restrictions

Texas examples of Federalism in practice

Local governance of highways, education, prisons, Federal takeover to enforce civil rights when Texas resisted desegregation, States as “laboratories of democracy,” experimenting with unique policies

Political parties

Organizations to elect officials, shape policy, and organize government

Political Parties 3 core functions

Choice, Organization, and Money

Party unity

Cohesion in ideology/governance

Party disunity

Factional splits (e.g., Tea Party, Shivercrat)

Major parties

Democrats and Republicans

Third parties

Historically minimal success—e.g., Libertarian, Green, La Raza Unida

Third parties success

Rarely elect statewide officials, but can impact issues/policy debates

What is the Electoral Structure & Voting System in Texas?

First‑past‑the‑post & single-member districts favor a two-party system (Duverger’s Law), No proportional representation in Texas.

Party platform

a formal statement of principles, policy goals, and political philosophy that a political party commits to enact if elected. It consists of individual planks, each addressing a specific issue such as taxation, education, or healthcare

Party polarization

Parties have grown ideologically distant

Political socialization

Family, education, media, peers shape political identity

Major political party labels in Texas

Tea Party, Shivercrat, Blue Dog Democrats, Dixiecrats

Permanent Party Organization

Officials (precinct chair, county/state chair, executive committees)

Temporary Party Organization

Precinct conventions (day of primary), County/district conventions, State conventions (nominating candidates, platforms, delegates)

What is the party evolution in Texas?

• Democratic dominance (post-Reconstruction until ~1990s).

• Rise of conservative Democrats (Shivercrats, Blue Dogs).

• GOP ascendance post-1994; now holds most statewide offices

• Minorities underrepresented historically; today, Democratic base includes Black, Latino, and urban voters

Black Involvement

Shifted from GOP to Democratic majority base

Latino Involvement

Growing participation – e.g., La Raza Unida emerged in the 1970s to highlight Mexican-American voices

Primary Elections

Texas uses an open primary system—voters don’t declare party affiliation until they vote. If no candidate achieves a majority, a runoff primary between top two is held

General Election

Held the first Tuesday after the first Monday in November, even-numbered years; midterm years for statewide offices

Special Elections

Called to fill vacancies, pass bond proposals, or ratify state constitutional amendments

What is the electoral cycle in Texas?

The electoral cycle spans from candidate exploration to primaries, general election, and runoff.

What is the voter turnout in Texas?

Texas sees low turnout, especially in local and special elections; turnout increases for presidential and gubernatorial races

What is voter eligibility in Texas?

Must be a U.S. citizen, 18+, resident of Texas, registered 30+ days before, not mentally incapacitated, and not serving a felony sentence or under parole/probation

Forms of participation

voting, volunteering, petitioning, contacting officials, donating

15th Amendment

Black men can vote

19th Amendment

Women’s suffrage

24th Amendment

Banned poll taxes

26th Amendment

Voting age is lowered to 18

Voting Rights Act (1965)

Banned discrimination

Shelby County v. Holder (2013)

removed pre-clearance requirement

Smith v. Allwright

Ended white primaries

Motor Voter Law

Allowed voter registration through DMV

White primary/Jaybird primary

Excluded Black voters until courts intervened

Redistricting

the constitutionally required process of redrawing the boundaries of electoral districts to ensure each has roughly the same population—this maintains the principle of fair representation, or “one person, one vote.” This process occurs every 10 years following the decennial census and applies to both congressional and Texas legislative districts

Reapportionment

the decennial process of redistributing a fixed number of legislative seats—most notably in the U.S. House of Representatives—among the states based on population changes captured by the census. Its main goal is to ensure each state receives a seat count reflective of its proportion of the national population

Straight-ticket voting

an option on the general election ballot that lets voters cast a vote for every candidate from a single political party with just one mark, existed historically, but Texas abolished the practice recently

PAC (Political Action Committee)

a private group that raises and distributes money to support or oppose political candidates, ballot measures, or legislation. PACs are a key mechanism through which interest groups influence elections and policy

Bundling donations

the interest group practice of combining multiple individual campaign donations into a single, larger contribution presented to a candidate

Interest group

What are the types of interest groups?

Economic: Business, labor, professional groups (e.g., Texas Association of Realtors), Non‑economic: Single‑issue, public interest (e.g., NAACP, environmental), and Ideological/Purpose-driven

Lobbying

the systematic effort by interest groups or their representatives (lobbyists) to influence governmental decisions by communicating directly with legislators or executive officials about proposed laws, regulations, or policies

Collective action

the effort of individuals working together as part of an interest group to achieve common goals, such as influencing public policy or government decisions

issue advocacy

independent spending by individuals or interest groups on public policy issues rather than on behalf of specific political candidates. These efforts often involve ads, communications, or campaigns that promote or critique particular issues—but stop short of explicitly endorsing or opposing a candidate’s election.

Dark money

refers to political spending by nonprofit organizations that isn’t required to disclose the identities of their donors, making the source of funds opaqu

Revolving door

refers to the repeated movement of individuals between public sector roles (such as legislators or agency officials) and private sector lobbying or industry positions. This revolving of jobs creates a cycle where insiders leverage their government experience and relationships for influence—while former public officials gain insider status and access once they've moved to private sector roles

Interest-group capture

a phenomenon where a government agency ends up serving the interests of the very groups it's supposed to regulate, rather than the public interest. This “capture” typically results from close, long-term relationships between regulators and industry representatives

Iron triangle

Iron-triangle capture, as explained in Governing Texas, Sixth Edition (2023), refers to a tight, mutually beneficial relationship among three entities:

1. Legislative committees – which write and oversee relevant laws

2. Regulatory agencies – which implement and enforce those laws

3. Interest groups – whose policies are directly affected by those laws

These three form a closed loop—or "iron triangle"—because each supports the others:

• Interest groups fund and lobby legislators.

• Legislators, in turn, provide favorable laws and funding to agencies.

• Agencies enforce regulations that benefit those same interest groups

What role do interest groups play in the policy-making process?

Interest groups are indispensable in Texas policy-making. They inform legislators, draft and lobby for legislation, mobilize the public, support campaigns, and shape both the implementation and judicial interpretation of laws

What are interest group strategies?

Use lobbying, grassroots campaigns, litigation, PACs, bundling, and dark money to influence

What is the difference between single-issue and multi-issue interest groups?

single‑issue groups can wield deep influence within narrow policy debates, while multi‑issue organizations build long‑term relationships and legislative weight over time

James Madison’s Factions

Madison recognized the duality of factions: they inevitably shape politics but must be managed through structural safeguards, such as representation and pluralism. Governing Texas leverages Madison’s ideas to describe how interest groups can strengthen democratic debate, but also why oversight—like ethics rules and anti-capture measures—is vital in preventing dominance by any single faction

How did the Citizens United decision impacts campaign donations and interest?

it granted unfettered spending power to corporations and interest groups, amplified interest group influence through Super PACs and dark money, and triggered ongoing debates about transparency, political equity, and democratic accountability

What is the role of the Texas Ethic Commission (TEC)?

the state's primary watchdog agency—vital for ensuring ethical conduct, transparency, and accountability in politics. It regulates lobbying, campaign financing, and public official behavior, though its power and procedures are sometimes hotly debated and legally challenged

What is the impact of lobbying laws and lawmakers, including staff?

Lobbying laws in Texas aim to increase transparency and guard against corruption by limiting gifts and enforcing registration. However, actual compliance is hindered by weak enforcement and high thresholds for oversight—leading to ongoing ethical concerns. A prominent court case affirmed the TEC’s power to regulate and fine lobbyists, but enforcement is often undermined by limited staffing and political constraints.

interest group representation, special interests, and the impact ordinary citizens have on elections

Interest groups are the engine of Texas policymaking, supplying essential resources (information, funding, access) that lawmakers depend upon. Special interests, in particular, exert outsized influence due to their financial strength and organization. Ordinary citizens, while at a disadvantage in resource terms, still play crucial roles—especially when they organize around shared concerns, tell compelling personal stories, or mobilize locally. Texas’s system permits a diversity of voices, but its structure and power imbalances favor those who are organized

Free‑Rider Problem

when individuals benefit from a group's public efforts without contributing—be it time, money, or effort

Ways to overcome Free-Rider Problem

Selective incentives—whether material, social, or purposive—are essential tools that help interest groups maintain staffing, funding, and momentum, Smaller or well-organized groups find it easier to overcome free-riding due to stronger member connections and targeted reward

Criminal Justice System

to the collection of government agencies and institutions responsible for enforcing criminal laws, adjudicating accused individuals, and administering corrections

Identify the major classifications of crime under Texas law and the types of punishments

Felonies: Five categories; punishments range from 180 days in jail to life in prison or the death penalty, with fines up to $10,000.

Misdemeanors: Three classes; punishments range from fines only to up to one year in jail and fines up to $4,000.

The procedural steps after a person is arrested

Arrest- Probable cause, Miranda rights, Booking- Documentation, fingerprinting, mugshot, Magistrate Hearing- Charges read, rights explained, bail set, Pretrial Release- Possible via bail or release on recognizance, Grand Jury (Felonies)- Indictment or charges filed, Arraignment- Formal plea entered, Pretrial Motions- Evidence/discovery hearings, Trial & Sentencing- Jury or bench, verdict, sentencing, Appeals & Post-Trial- Legal remedies and corrections involvement