American Government 2306 Study Guide – Unit 4 Exam Notes

What is the primary purpose of a county government in TX?

Main purpose is for governing rural areas. They have limited powers, usually don’t have powers to legislate, and act as an administrative arm of the state government.

Define county attorney.

They prosecute lesser criminal cases in the county courts.

Define a district attorney.

A public official who prosecutes the more serious criminal cases in the district court.

Define a county clerk.

A public official who is the main record-keeper of the county.

Define county tax-assessor-collector.

A public official who maintains the county tax records and collects taxes owed to the county.

Define sheriff.

An elected officer in a county who is responsible for keeping the peace.

Define constable.

A peace officer with limited policing authority, typically in a small town.

Describe the county commissioners’ court.

Main governing unit in the county.

Discuss the Supreme Court case of Avery v. Midland County (1968).

Avery (plaintiff) challenged the drawing of electoral districts, arguing that the unequal populations violated the one person, one vote principle.

Define a special district.

They perform a single service in a limited geographic area (e.g. water, healthcare, etc.)

What are the requirements to create special districts?

• A petition signed by the residents of the area to be served, requesting the legislature to authorize an election of create a special district.

• Enabling legislation in the form of a law that authorizes a special election to create the district.

• A majority positive vote of those voting in the special election.

What is the difference between a home-rule and general-law city?

A general-law city is chartered localities with a population of fewer than 5,000 people and are governed by statutory law.

Define general revenues fund budget.

A specific revenue fund is an account established by a government to collect money that must be used for a specific project.

Define general revenue-dedicated funds budget.

An appropriation of local funds revenue which has been set aside by law for a particular purpose or entity.

Define federal funds budget.

Reflects our elected leaders’ decisions on how to tax and spend, to borrow and lend, and to consume and invest. Those decisions define the size of the federal government and its role in the national economy.

Define other funds budget.

It usually refers to all funds outside of the primary or general fund. These funds are typically used for particular purposes, often designated by law or grant agreement, and are separate from the core operating budget.

Define an all funds budget.

A comprehensive financial framework structured to present an enterprise-wide view of the budget, incorporating all operating funds into the official budget.

What is oil severance tax?

A state tax imposed on the extraction of non-renewable natural resources intended for consumption by other states.

Why does Texas need to have a balanced budget?

Texas needs a balanced budget because the Texas Constitution requires it.

Why does the tax revenue on oil and natural gas fluctuate?

It is primarily due to the changing global market prices of these commodities.

Define General Revenue Fund.

A general revenue fund is the primary operating fund of a government, like a state or city, that receives revenue from various sources, primarily taxes, fees, and other general sources.

Define Available School Fund.

Made up of interest and earnings generated by the state’s permanent school fund, was well as constitutionally dedicated motor fuel taxes and other miscellaneous revenue sources.

Define State Highway Fund.

Texas’ Department of Transportation’s principal fund with most of the taxes and fees deposited in the State Highway Fund dedicated by the Texas Constitution to support state highways.

Define Economic Stabilization Fund.

A mechanism set up by a government or central bank to insulate the domestic economy from large influxes of revenue.

Define the Permanent School Fund.

A perpetual fund to support the state’s public schools.

What factors are considered when distributing money from the Permanent School Fund?

Average daily attendance per district.

What is the purpose of the Biennial Revenue Estimate?

It forms the basis of the state budget for the coming biennium.

Explain what is meant by the “dual-budget” system.

Then budget authority is shared by the governor and the legislature.

Define rationality.

The quality of being based on or in accordance with reason or logic.

Define optimality.

The determination of the efficiency with which a s system can perform a specific function, subject to physical and theoretical operating constraints.

Discuss some of the challenges facing education policy in Texas.

• Low level of public spending per pupil

• Demographics are increasingly minority and disadvantage

• High dropout rates

Explain the steps to the policy-making process.

1. Agenda Setting/Identifying the Issue - Public opinion or elite opinion dissatisfaction with a status quo policy.

2. Party Formation

3. Decision Making

4. Policy Implementation

5. Evaluation - Numerous actors evaluate the impact of policies, to see if they are solving the problems identified and accomplishing their gioals.

What is public policy?

The principles, often unwritten, on which social laws are based.

How is welfare measured?

• # of people receiving welfare assistance from the state

• Degree to which the reforms help take people off welfare and move them into the workforce as productive independent members of society

Discuss 3 specific problems that have impacted education policy in Texas.

• Low level of public spending per pupil

• Demographics are increasingly minority and disadvantaged

• High dropout rates

Discuss Plessy v. Ferguson. (1896)

Ruling - separate but equal.

Discuss Brown v. Board of Education (1954).

Desegregation.

Discuss San Antonio v Rodriguez (1973).

The Court held that education is not a fundamental right under the Constitution and there, fore state regulations affecting education are subject to rational basis review.

Discuss Edgewood ISD v Kirby (1984).

Court ruled that education was a fundamental constitutional right and that wealth-based classifications such as Texas had created were constitutionally suspect.

Discuss Edward Aquifer Authority v. Burrell day & Joel McDaniel (2012).

Court ruled that the restrictions placed on groundwater by the Edward Aquifer Authority were constitutional.

Discuss some of the problems felons face after leaving prison.

Finding employment, securing housing, and navigating legal and administrative hurdles.

Provide examples give in your textbook that question the integrity of the Texas criminal justice system.

• Problem with police procedures and evidence

• TX is the state with the most verified wrongful convictions than any other state

• Some of the issues have been solely relying on eyewitness identification & the mishandling of evidence

Define probation.

The release of an offender from detention, subject to a period of good behavior under supervision.

Discuss Ruiz v Estelle (1980).

Reform case that address the conditions within the Texas Department of Corrections (TDC), which eventually led to significant reforms in the Texas prison system.

Discuss Gideon v. Wainwright (1963).

the court ruled that the sixth amendment’s guarantee of the right to legal counsel applies to indigent defendants in state courts, ensuing they have the right to a government-appointed attorney when facing a serious criminal charge.

What is parole?

The release of a prisoner temporarily (for a special purpose) or permanently before the completion of a sentence, on the promise of good behavior.

Who grants parole?

The Texas Board of Pardons and Parole (BPP).

Compare felonies to misdemeanors.

A misdemeanor offense is a less serious crime than a felony offense. Felony offense also typically carry longer prison sentences.

Explain constitutional carry law that is being proposed.

New Texas Law allowing people to carry handguns without permits stirs mix of fear, concern among law enforcement.

Define plea bargain.

An arrangement between prosecutor and defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or an agreement to drop out charges.

When are plea bargains used?

The government may offer the defendant a plea deal to avoid trial and perhaps reduce his exposure to a more lengthy sentence.

Describe the process to get clemency.

Individuals must formally petition the appropriate governing body

Describe the procedural steps that follow after a person is arrested.

• Booking

• A first court appearance (arraignment)

• Setting bail

What is a grand jury?

A group of citizens (12-23) who determine whether there’s enough evidence to indict someone with a felony.

What is one of a grand jury’s criticisms?

The jurors lack of legal knowledge.

What is one of the controversies surrounding policing?

One of the major controversies is police brutality and their effect on the marginalized communities. It includes excessive force in arrests, racial profiling, and the use of tactics like “stop and frisk” which have been criticized for unfairly targeting these groups.

What is meant by the law of capture?

Establishes a rule of non-liability for captured natural resources including groundwater, oil, gas, and game animals.

Where does most of the water in Texas come from.

Groundwater sources, specifically from aquifers.

Discuss the process to become a naturalized citizen.

Individuals must first be a permanent resident for a specified period d (usually 5 years, 3 if married to a U.S. citizen). They must demonstrated continuous residence in the US and good moral character, pass English and civics test, and take the Oath of Allegiance.

Discuss the various ways roads and highways are funded, which source is the largest?

Gasoline tax

What are some of the positive and negative impacts of a bullet train?

• Reliance on Japanese train technology

• Eminent domain

• Many believe it won’t be profitable

How are community colleges funded?

A combination of local property taxes, tuition and fees, and state funding

Explain what it means to be a sanctuary city.

A policy that limits or defines the extent to which a local/stat government will share information with federal immigration law officers.