TBL #5: study guide
Here is a simplified breakdown of your study guide terms and questions to help you prepare.
Executive Branch & The Governor
Key Terms
Line-item veto: The power of a governor to kill specific parts (lines) of a spending bill without vetoing the entire thing.
Plural executive: A system where executive power is split among several independently elected officials. This limits the governor's power because they don't "run" the whole team; the team is elected by the people.
Senatorial courtesy: An unwritten rule where the governor asks the local state senator for approval before appointing someone from that senator’s district.
Sunset review: A periodic evaluation of state agencies to see if they are still needed.
Sunset Advisory Commission: The group that conducts the reviews and recommends whether an agency should keep running, be changed, or be shut down.
Governor Questions
4 Roles of the Governor:
Chief Executive: Managing the state bureaucracy.
Chief Legislator: Suggesting bills and using the veto.
Negotiator: works among the various levels of government to smooth problems and attain the best outcome for the state
Chief of State: Acting as the public face and ceremonial leader of the state.
Budget Power: The governor has limited power compared to the legislature but uses the line-item veto and "State of the State" speeches to influence spending priorities.
Court Limitations: The Board of Pardons and Paroles limits the governor’s power. The governor can usually only grant a pardon or clemency if the Board recommends it.
Qualifications: Typically, you must be at least 30 years old, a U.S. citizen, and a resident of the state for at least five years before the election.
Removing a Governor: Through impeachment. The House of Representatives brings the charges, and the Senate holds the trial to decide on removal.
The Cabinet: Unlike the U.S. President, Texas doesn't have a formal "cabinet" in the same way. Most top officials (like the Lt. Governor or Attorney General) are elected separately, not appointed by the governor.
Bureaucracy
Why have one? Government is too big for elected officials to handle alone. We need experts to manage the "gears" of daily government.
Their role: Implementation. They take the broad laws passed by the legislature and turn them into specific rules and actions (like issuing driver's licenses or testing water quality).
The Judicial System
Types of Courts & Law
Criminal courts: Deal with people accused of breaking laws (crimes against the state).
Civil courts: Deal with private disputes between people or businesses (lawsuits, divorce).
Administrative courts: Deal with rules made by government agencies (like a dispute over a professional license).
Statutory law: Laws written by a legislature.
Common law: Law based on past legal decisions and customs rather than written statutes.
Jurisdictions (Where a case is heard)
Original jurisdiction: The first court to hear a case (the trial court).
Appellate jurisdiction: Courts that review cases from lower courts to see if errors were made.
Concurrent jurisdiction: When two different courts both have the power to hear the same case.
Exclusive jurisdiction: Only one specific court has the authority to hear that type of case.
Juries & Cases
Petit jury: The "trial jury" (usually 6 or 12 people) that decides if someone is guilty or liable.
Grand jury: A group that decides if there is enough evidence to officially charge (indict) someone with a crime.
Furman v. Georgia (1972): The Supreme Court ruled the death penalty was being applied inconsistently and "arbitrarily," pausing executions nationwide.
Gregg v. Georgia (1976): The Court ruled the death penalty was constitutional again as long as states used a two-step trial process (one for guilt, one for sentencing).
Death Penalty Route: In Texas, death penalty cases bypass the intermediate court of appeals and go straight to the Court of Criminal Appeals because of the severity and finality of the sentence.
Selecting Judges
Texas: Uses Partisan Elections (judges run with a "D" or "R" next to their name).
Other States: Use non-partisan elections, appointments by the governor, or the "Missouri Plan" (a mix of appointment and "retention" elections).
Interest Groups & Lobbying
Lobbying: Attempting to influence government decisions.
Direct Lobbying: Meeting face-to-face with a legislator or providing them with research/data.
Astroturf Lobbying: When an interest group tries to make it look like a "grassroots" movement of regular citizens is demanding change, when it's actually being funded and organized by a big organization.
governor is weak constitutionally
patronage, which is the ability of elected officials to give jobs to supporters
Texas Board of Pardons and Paroles; created in 1936 to limit the practice of selling pardons so the governor doesn’t have full control of it. Each member (6) is appointed by the governor and serves a 6 year term
lieutenant governor is the one who takes the governors place in case they die, resign, or leave the state for any reason
Justice of the Peace Courts:These are courts that are found in each Texas County Court. there are 797 justice of peace courts
Municipal courts: These are courts that listen to crimes within the violations of city laws or lower-level violations like traffic violations, public intoxication, and noise complaints
the Texas Supreme Court and the Texas Court of Criminal Appeals; last resort to court hearing