Gov Exam 2

First Amendment

Free press is an important check on dictatorship. Prevents congress from creating a national religion (establishment clause) and prevents the government from giving itself spiritual authority. This freedom is very important and most counties don’t have this.

Second Amendment

Debate whether is gives you an individual right to own guns and other weapons or states rights to keep militia

Third Amendment

Quartering Soldiers. Direct response to English rule before revolution. Still relevant with Mitchell v. City of Henderson

Fourth Amendment

Unreasonable search and seizure

Fifth Amendment

Requires jury for serious crimes, except in certain circumstances. Protects from military tribunals and other less democratic forms of trial. Keeps you from being tried fro the same crime twice or being compelled to testify against yourself (plead the 5th to protect from consequences). Requires the government to give legal rights if trying to deprive you of life liberty or property. This is why many instances of civil asset forfeiture may violate the 5th amendment. This also requires the government to give you just compensation if it takes your property for public use. Using eminent domain is highly controversial and several states made strong restrictions on when a government can do this

Ninth Amendment

Just because the constitution doesn’t mention a right doesn’t mean that the government can’t infringe on it. Puts the burden of proof on the government for infringement of your rights in cases not specifically addressed. Allows Constitution to powerfully guarantee your rights without being specific in every case. Appeals to the idea of natural rights.

Tenth Amendment

Specifically reserves powers not granted to federal government to states or the people. Before 14th Amendment (1868), this allowed the states lots of policy freedom.

Texas Bill of Rights

At the beginning of the Texas Constitution. This underscores the importance of individual rights. Similar to the US Bill of Rights. This emphasizes the importance of local government and state power in federalism (state centered federalism view). Prohibits religious tests for office. Really strong protection of freedom of religion (because of forced Catholicism). You can’t be deemed a civil outlaw (lose all civil rights) or be exiled. No corruption of blood (convicted of crime or committing suicide means that you lose property or your heirs can’t inherit). Can’t force Primogeniture. Really strong clearly individual right to bear arms.

Religious Freedom Restoration Act (RFRA)

laws generally prevent states from being able to “substantially burden a person’s exercise of religion unless it is furthering a compelling government interest and acting in the least restrictive way possible.

Primogeniture

a legal and customary system where the firstborn child inherits all or most of a parent's estate, title, or throne

First Texas State Constitution of 1845

Absolute unrestricted right to bear arms for every citizen. Until the civil war the only restriction is no dueling. Slaves could keep and bear arms.

1871 after Civil War before constitution of 1876

The open and concealed carry of fire arms is illegal. This is used to prevent problems with exconfederates, but primarily used to oppress free black Texans.

Constitution of 1876

Recognizes the Texas individual right to bear arms with little interference. This invalidates the 1871 ban which included exceptions for travelers and frontier countries (basically everyone). Now, however, TX has some of the least restrictive gun laws in America. 1 of 21 states to have a clearly individual right to bear arms in its constitution.

Congress

Known as “the first branch”. Congress is the 1st branch of equals and has the authority to make laws shared by both chambers. Article 1 of the constitution. Has the authority to make laws and control funds. Also has the authority to tax and spend, coin money and declare war. The constitution is designed so that congress is collectively powerful. But individual MC’s are weak and congress is slow to act. In crisis congress tends to cede power to the president who is constitutionally designed to be able to act swiftly and decisively in areas where he is powerful. Also often gives power to bureaucracy to avoid making hard decisions itself.

Open Rule

allows amendments (harder to pass)

Closed rule

doesn’t allow amendments

Pocket Veto

lets time run out on bill passing as congress session runs out

Veto Gates

all the places/ways a bill can die

Bicameralism

gives a coordination disadvantage for passing legislature

Advantages of Congress

Independent from the president and has significant governing powers. Through veto overrides they can pass legislature without the president. oversight of government is provided to committees.

Organization in the House

It has smaller more homogeneous constituencies than senators. They’re popularly elected every two years. Limited to 435 members in 1911. reapportioned and redistricted between states every 10 years after the census, 800,00 voter districts.

Organization in the Senate

Senators serve 6 year staggered terms with 1/3 of seats up for election every 2 years. Creates a lower turnover in membership (even compared to low turnover house). This insulates senators from shifts in public mood.

Coordination Issues and Collective Action Problems in Congress

It’s much easier to defeat a bill and maintain the status quo than it is to change it. Legislators prioritize issues differently (defense, trade, abortion, farm subsides, and many more). Building coalitions is risky and they are difficult to maintain.

How does Congress solve coordination issues and collective action problems

Leadership, political parties, rules and institutions.

Speaker of the House

Mike Johnson. Represents the majority and uses powers to advance partisan goals in part by deciding who gets to head committees and what gets voted on.

House of Representatives

Majority/minority party leader - Number 2 behind speaker (schedules legislation and oversees committees) or leader of the minority party. Party whips enforces party discipline by “whipping” members into shape (Frank Underwood in HoC). Also makes sure members show up to vote, keeps track of popularity of bills and intended votes of his or her party.

Senate Majority Leader

Real leader of the Senate, represents majority party, not as powerful as Speaker of the House though similar duties. John Thune.

Ideological differences between parties

Think of a line that represents ideology of MCs. Virtually all republicans to the right and Democrats to the left. The House GOP is more spread out than the democrats bigger GOP ideological variation in the senate which makes it difficult for leadership. Since 2020 there is increased evidence that legislators punish those of the other party for taking controversial positions. Policy disagreements can turn into personal dislike. Some House Democrats are refusing to co-sponsor the same previously co-sponsored bills with Republicans who voted against certifying the 2020 election results. House Democrats remove MGT from her committee assignments. GOP removes Omar (D) from committee assignments.

Polarization

The parties’ ideological views are clustered around 2 poles

with few in middle.

Agenda Setting

Majority party determines what is discussed especially in the House

Amendment Process

Process by which MCs add/subtract things to bills under consideration by chamber. Rules on this are determined by chamber with the House being more restrictive.

Filibuster

A senator who uses senate allowance of unlimited debate to talk a bill to death by preventing it from being voted on. They may keep talking unless there is a cloture vote by 60 senators. Only exists because of senate rules, limits the senate majority party’s ability to pass legislation and makes the minority party more powerful.

Cloture Vote

Blood clot cuts off flow of blood cloture cuts off the flow of words.

Congress and Texas Legislation are Similar

Both have the power of the purse. Both can give power to the executive and judiciary that are not provided for or prohibited in the constitution. Exclusive authority to propose and approve bills in law making. All bills not approved by the last day of session are dead. About 25% of bills introduced in the Texas Legislature are passed.

Congress and Texas Legislature are different

Texas legislature only meets for 140 days in odd numbered years. This intentionally restricts the power of the legislature. Short sessions create legislatures who are focused on their lives as private citizens. This is good because otherwise legislators may not be like or understand normal people. Short sessions promote efficiency but they also make it harder for bills to pass. This means that relationships are more important more important than in Congress. You need allies to get things done fast. Essential policies can still be passed because the governor can call unlimited special sessions. This is a power threat to get the legislature to get things done.

Texas Governor

Greg Abbot

Texas Lieutenant Governor

Dan Patrick

Texas Speaker of the House

Dustin Burrows

Organization in Texas Legislature

150 members in the House. 31 Senators and the Lt. Governor (sort of like the Vice President in Congress who is President of the Senate and casts tie breaking votes), but the Lt. Governor is more powerful (and elected statewide). House terms are 2 years. Senate terms are 4 years like 6 year US Senate terms elections are staggered. Senate must approve the governors bureaucratic appointments with a 2/3 vote in favor. Texas legislature can create new agencies or abolish existing ones and require reports from state agencies as well as raise and cut their budgets.

Organization in the Texas House

Like the US House the Texas House can impeach (initiate prosecution against) state judges and executive branch officials, like Attorney General Ken Paxton, who are then tried in the senate. The Texas House can impeach high level judges like the US House.

Organization in the Texas Senate

Texas Senators can filibuster too, but it’s much harder. Only one Senator can do it and they must remain standing with out food water or a bathroom and they must talk about things germane to the bill; though’ there aren’t any cloture votes.

Challenges in the Texas Legislature

The Texas House and Senate are redistricted every 10 years after the census. This creates a constant campaign because most of them are citizen legislatures (with other jobs). This can create a knowledge disadvantage relative to lobbyists and interest groups.

Lt. Governor

Dan Patrick President of the Senate. Appoints committee members to committees. Decides which committees bills go to. Like the American VP, he casts deciding vote in Senate ties. Lt. Governor has weak executive power, but powerful legislative power.

Texas Speaker of the House

Dustin Burrows appoints committee members to committees and decides which committees bills go to and he can also appoint someone as speaker pro-tempore when the speaker is absent. Like the American Congress, in the Texas Legislature all bills for raising revenue must start in the House.

Legislature across states

State legislature varies a lot in character

Professional Legislators

More like Congress at a state level. They are full time, have large staff, high pay, and often lower turnover. In most very populated states (NY, CA, OH, IL). In CA: Legislators make $100K a year.

Professional-Citizen/Hybrid Legislators

The job takes a lot of time but it’s not full time. The legislators need outside income. They have moderate time, staff, pay, and turnover. This is in Texas and most medium population states.

Citizen Legislators

They are hardly professional at all with lots of contact with voters. It is part time with small staff, low pay, and high turnover. This is the closest to antebellum American Democracy. This is mostly used in small population states in New England and out west. In the New Hampshire House each representative serves only 3000 people.

Senate Majority Leader

John Thune