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Know the general details regarding Evenwel v. Abbott

involves the drawing of Texas legislative districts. The court was torn between the decision of drawing them so that there is an equal amount of people in each district (includes all people), or drawing them based on the amount of potential voters.

Know the general details regarding US vs Texas (the immigration case)

regarding the constitutionality of the Deferred Action for Parents of Americans (DAPA). The Supreme Court argued that DAPA would increase costs for the states.

Know the history and importance of federalism. Why do we have a federalist system?

Approx 40% of world's population live in federalist system

Used to keep nations that have divisions unified

I.e. America: states states are equal with each other

America seen to be more flexible because we have adapted to geographical, population, economic, and various background changes

Failure of Article of Confederation

All power came from state governments and federal gov couldn't act (9/13 state approval to pass, fed's couldn't tax, no courts) so Congress became broke

Constitution: created a supreme federal system that derived its power directly from the people while still having limited state sovereignty via their own state constitutions

10th Amendment: reserved powers for the states; ensures that feds don't have all the power

Nullification Crisis of 1833: SC tried to nullify national legislation passed by COngress but Jackson sent military forces and they backed down

McCulloch v. Maryland: reiterates federal power with the 2nd Bank

Gibbons v. Ogden: interstate commerce

How did John Marshal impact federalism? Be sure to recall McCulloch v. Maryland (1819).

a federalist and was appointed by John Adams from 1801-1835

His legal decisions helped shape the American government and the relationship between the nation and states

Do states have the power to tax a national bank placed by congress?

Supreme court decision: federal government has right to establish the national bank. established the supremacy of the national government over the state governments

What impact did the Fourteenth Amendment have on federalism?

Granted general citizenship to all persons born/naturalized in the US

"No state shall deny" states would not be allowed to deprive people of these rights or interfere with the amendment in any way

realigned the relationships between the states and the federal government and strengthened the federal government's power over the States

Know the significance of the incorporation of the Bill of Rights.

People argued that ratifying the constitution would lead to the federal government having too much power and this was a threat to the rights of the people and the states.

The first 9 amendments gives individuals specific rights; the 10th amendment (AKA: "the State's Rights Amendment") states that the powers not specifically stated as federal government powers, and not specifically prohibited, are powers reserved for the states

Know the difference between dual and cooperative federalism. What other names do they go by?

federal and state governments run separate and independent

Layer cake

Government in the US from Reconstruction to the 1930's

national and state governments share many powers

Marble cake

Government in the US from the 1930's to present-day

Helped enforce FDR's New Deal, LBJ's Great Society, and Nixon's New Federalism

Utilize grants

Know the differences and uses of categorical and block grants

federal money is given to the state for a specific purpose, problem, or group

Often associated with the stick and carrot policy

To receive the money, the states must agree to federally mandated guidelines for spending it

Used in the early days of cooperative federalism

Medicaid/Medicare

federal money given to the states with only general guidelines for using it

States are able to decide how the money is spent

Introduced with Nixon's New Federalism which was eventually adopted by Reagan

How do states use independent state grounds?

States can internally handle court cases instead of dealing with the federal government and supreme court

Results in an increase in state judicial power

Know what the supremacy clause is

It is the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state.

The constitution is the "law of the land"

Know the controversy regarding sanctuary cities. How has Governor Abbott responded?

cities that refuse to deport undocumented immigrants. They have been a hot topic in Texas politics in recent years. have benefits such as giving hard working people a chance to start a better life, but they can also harbor criminals and the police can't deport those criminals. In response, Governor Abbot has called for a ban on those cities.

What are some of the problems regarding special districts?

Anyone can create one by getting a petition signed, getting majority vote, and have a law authorizing the district. The challenges are that most are governed by boards and there are several instances of abuses of power due to bad accountability. All they have to do is have one election where at least one short-term resident can vote and then the district will be funded by property taxes, user fees, and state/federal aid.

Know the types of local government

County: provides many basic government functions

City / Municipal: role is to adopt / create policies as well as provide more in depth services to the residents

Special: usually perform a single function

Know how the county government is designed, including the offices, numbers of counties in Texas, and county commissioner's court

254 counties in Texas

County commissioners' court:

County Judge- administrative and some judicial duties

County Commissioner (4 per county, roads and bridges)

Offices: County Attorney, County Clerk, County Tax Collector, County Auditor, Sheriff

Know the difference between home-rule charter cities and those governed by general statute

are rules under which a city operates and is constitutionally authorized to borrow money. If a city/town has fewer than 5000 people, then they are charted by general statute, which is more limited in resources and makes it harder to grow

Know the different types of home-rule systems

Mayor-Council form: Mayor is executive, council is legislative

Commissioner form: commission shares executive and legislative powers

Council-Manager form: Council has legislative duties, select mayor, City Manager is chief executive

Know why a city would want a city controller

city's chief financial officer

Investigate city funds

Conduct internal audits of city department

Operate city's financial management system

Certify availability of funds for city council initiatives

Help oversee important financial information

Know what special districts are

are also known as "ghost government." They tax and take money with limited supervision. There are several for school districts, but also many districts, such as hospital, fire-prevention, and municipal utility districts

What are the two categories of special districts? What are some examples?

School Districts: policy, budget, only for preK-112, textbooks

Non-School Districts: municipal utility district, hospital districts, fire-prevention districts

What is a council of government?

A regional planning board composed of local elected officials and some private citizens from the same area.

Know the financial issues facing local government.

One of the issues is the amount of CABs (capital appreciation bond) that are being given. These are used to get funds for projects but do not pay monthly. All the money and interest is due at one time. The ones that were issued between 2007-2011 will be end up costing more than $20 billion to repay. Another issue are not all pension plans have enough money to be able to pay retirees. There is simply not enough money going into the city to be able to pay these people

What are some of the causes leading to the pension crisis in Texas?

occurs when contributions decrease as benefits increase

Fort Worth's Employees' Retirement Fund:

Investment returns wiped out in 2008 Great Recession

Led to reduction in benefits for new hires (ie higher retirement age, no overtime earnings, no cost-of-living adjustments)

Dallas Police and Fire Pension System

Most extreme because overly generous benefits and poor management

Will be broke in 10-15 years

Leads to DROP

Have retire benefits deposited in an account and don't draw interest until actual retirement

Know the impact of medical malpractice reform on the state of Texas

(Tort) Reform: a civil wrong which causes an injury, for which a victim may seek damages, typically in the form of money damages, against the alleged wrongdoer

supporters : doctors worry less about being sued and seen their malpractice pensions go up

Opposers: has barred many injured by doctors from going to court or relatives suing after losing a loved one due to medical malpractice; so expensive to take to court

Impacts

Increase in doctors in Texas????? (most don't think about population increase or that Houston is known for its medical community

Know the examples judges being sanctioned given in class

Sanctioned: disciplinary action given to judges on their conduct; most are private sanctions

Examples:

Justice Nora Longoria

Received a public admonition from the State Commission on judicial conduct due to her behavior during a traffic stop by McAllen police

Judge Sharon Keller

Presiding judge of the Texas Court of Appeals

Refused to keep the clerk's office at the court open passed 5 p.m. to receive a death row inmate Michael Richard

He was executed later that evening because of her decision

Recieved a public warning but still sucessful in her litigation against discipline by arguing that a warning cannot be a penalty following a formal proceeding against a judge

Know the structure of our court system in Texas

Know the issues of many of the individuals serving as justices of the peace

Between 2002 and 2015, 50 judges were suspended from duties

21 were justices of the peace

19 of those 21 did not have law degrees

Only 10% of justices of the peace are lawyers

By lacking law degrees, they lack a background and strong knowledge of the laws they will be making life changing decision on.

Know the general process and steps of both civil law and criminal law trials

Civil Law

Complain and Answer

Commit crime → be convicted

Preponderance of the evidence