Texas Government GOVT 2306 - Midterm Study Notes

Political Culture

• Definition: The set of shared beliefs, values, and norms that shape political behavior and attitudes within a people or region.

• In Texas, a blend of traditionalistic and individualistic political culture:

  • traditionalistic: emphasizes social order, deference to elites, and limited government emphasis on maintaining social hierarchy.

  • individualistic: views politics as a marketplace of competing interests, with government primarily as a tool to serve private interests and economic growth.

• Significance: Helps explain policy preferences, party alignments, and how Texans view government intervention.

Traditionalistic political culture

• A subtype of political culture where politics is often shaped by elites and institutions that maintain traditional social arrangements.

• Texas history emphasizes deference to established leadership and a tendency to limit the reach of government in everyday life.

• Implications: Preference for limited government intervention in the economy and in personal lives; concentration of political power among certain social groups.

Texas Railroad Commission

• A statewide regulatory agency originally created to oversee railroads but now primarily regulates oil, gas, and related industries in Texas.

• Structure: three commissioners elected statewide (not appointed); they set policy for the energy sector and oversee industry rules.

• Significance: A powerful body in Texas energy regulation with broad influence on the oil and gas market and prices.

Poll tax

• A fee historically required to vote in some jurisdictions.

• In the United States, poll taxes were struck down for state elections by the doctrine established in the wake of the Civil Rights Movement; the landmark rule against poll taxes in state elections was established in Harper v. Virginia Board of Elections (1966).

• Texas context: poll taxes were used in some periods but are no longer legal for voting.

Urbanization

• The growth of cities and metropolitan areas in Texas, including major corridors like Dallas–Fort Worth, Houston, San Antonio, and Austin.

• Implications:

  • shifting political priorities (e.g., infrastructure, public services, zoning).

  • changes in electoral dynamics and party organization.

  • economic diversification and challenges related to urban growth.

Constitution

• A written framework outlining the organization, powers, and limits of government.

• Texas Constitution is the foundational legal document for state government and is notably lengthy and detailed with many amendments.

• Importance: Guides the structure of government, civil rights, taxation, regulation, and public policy.

Branches of Texas government

• Legislative branch: bicameral Legislature (Texas Senate and Texas House of Representatives).

• Executive branch: Governor and a wide array of independently elected statewide officers (e.g., Lieutenant Governor, Attorney General).

• Judicial branch: state court system including Supreme Court (civil cases) and Court of Criminal Appeals (criminal cases) at the highest level.

• Purpose: The separation of powers distributes authority to prevent the concentration of power and provide checks and balances.

Separation of powers

• The division of governmental responsibilities into distinct branches to limit the potential for abuse and provide accountability.

• Each branch has defined powers and can check the others (e.g., veto power, judicial review, appropriations).

Checks and balances

• Mechanisms that allow each branch to constrain the others, maintaining equilibrium among governmental powers.

• Examples: veto by the governor; legislative override of veto; judicial review of statutes; executive appointments subject to confirmation in some contexts.

Federalism

• The division of power between national (federal) government and state governments.

• Models used to describe federalism:

  • layer cake (dual federalism): distinct, separate layers of government.

  • marble cake (cooperative federalism): intertwined responsibilities across levels.

  • coercive (coercive federalism): federal government imposes requirements on states.

  • fractious (federalism as conflict): ongoing negotiation and tension between levels.

• Supremacy Clause: Article VI of the U.S. Constitution establishes that federal law outranks state law when there is a conflict.

• Bicameral: A two-chamber legislature (Texas has Senate and House).

Reconstruction

• Era following the Civil War when the United States attempted to restructure Southern states’ governments and society, including amendments to the Constitution and changes in political power.

• In Texas, Reconstruction influenced the structure and provisions of the state constitution and its political landscape during that period.

Length of the Texas Constitution

• The Texas Constitution is notably long relative to many other state constitutions.

• It has accumulated a large number of amendments over time (well over hundreds), reflecting extensive policy detail and frequent changes.

Process to amend the Texas Constitution

• Proposed amendments typically follow:

  • Two-thirds of the members in both the Texas Senate and the Texas House vote in favor: $frac{2}{3}$ of the members in each chamber.

  • Ratification by a majority of voters in a statewide election.

• Alternative method commonly discussed is a constitutional convention, but changes require subsequent voter approval and are not a routinely used path.

• Once approved by voters, amendments become part of the Texas Constitution.

Texans’ views on levels of government by party

• Party-based attitudes toward federal vs. state power often align with typical partisan identities:

  • Republicans: generally favor limited federal intervention and greater emphasis on state and local authority in many policy areas.

  • Democrats: more open to federal involvement in areas like civil rights, social programs, and national standards, though regional variation exists.

• These attitudes interact with urbanization, demographics, and regional concerns across Texas.

10th Amendment

• Text: ${10}^{\text{th}}$ Amendment: powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

• Significance: Basis for states’ rights arguments and the federal–state balance in policy implementation.

Civil War Amendments

• The trio of amendments often referred to as Civil War Amendments:

  • ${13}^{\text{th}}$ Amendment (1865): Abolished slavery and involuntary servitude, except as punishment for crime.

  • ${14}^{\text{th}}$ Amendment (1868): Granted citizenship to all persons born or naturalized in the United States and guaranteed due process and equal protection under the law.

  • ${15}^{\text{th}}$ Amendment (1870): Prohibited the denial of the right to vote based on race, color, or previous condition of servitude.

The process of the incorporation of the Bill of Rights

• The Bill of Rights originally limited only the federal government.

• Incorporation through the Fourteenth Amendment’s due process and equal protection clauses gradually applied many provisions to the states (selective incorporation).

• Examples of incorporation milestones: free speech (Gitlow v. New York, 1925), rights against unreasonable searches and seizures (Mapp v. Ohio, 1961), right to counsel (Gideon v. Wainwright, 1963), etc.

• Texas context: state laws and practices must conform to incorporated federal rights as interpreted by the U.S. Supreme Court.

Separate but equal

• Doctrine from Plessy v. Ferguson (1896) holding that segregated facilities for blacks and whites were constitutional if they were equal.

• Overturned by Brown v. Board of Education (1954), which held that segregated facilities are inherently unequal.

• Impact on Texas public policy and school desegregation efforts.

Lawsuits filed by states against federal government

• States file lawsuits to challenge federal policies, programs, or actions they view as overreach or conflicting with state interests.

• In Texas, notable contexts include challenges related to immigration enforcement, environmental regulations, healthcare, and immigration-related programs (e.g., DACA-related cases).

• These cases illustrate federal–state tensions and the legal mechanisms through which states influence national policy.

Handling of border by Biden and Abbott

• Ongoing federal–state policy tensions over immigration and border management.

• Biden administration: shifts toward different immigration policies and border enforcement approaches.

• Abbott (Texas): emphasizes state-led border security measures, including deployment of resources, border barriers, and coordination with state agencies.

• Key themes: jurisdictional authority (federal vs. state), policy effectiveness, humanitarian concerns, and political messaging.

Party platform

• A formal set of principles and policy goals adopted by a political party at a convention.
  -Texas party platforms reflect party ideology, policy priorities, and positions on issues such as taxation, regulation, education, public safety, and energy policy.

Major political parties in Texas

• Republican Party of Texas (GOP): Historically dominant in statewide offices since the 2000s; emphasizes limited government, lower taxes, conservative social and economic policies.

• Democratic Party of Texas: Historically strong in certain urban and minority communities; emphasizes civil rights, education funding, and social safety nets; currently has competitive statewide and local races in some areas.

Polarization in politics

• Increasing ideological distance between parties and more partisan voting behavior.

• Consequences: more contentious politics, potential gridlock, more intense primary races, and heightened impact of gerrymandering and party sorting.

State party conventions

• Events where party delegates assemble to set platform, nominate or endorse candidates, and organize for elections.

• Outcomes influence fundraising, messaging, and organizational strategy.

Realignment of Texas parties and representation

• Historical shift: from Democratic dominance to Republican leadership in statewide offices and federal representation.

• Realignment driven by changing demographics, urbanization, and ideological shifts among voters.

Voter turnout in Texas

• Measures of participation in elections; varies by election type (presidential vs. midterm), demographic groups, and region.

• Factors affecting turnout: registration rules, poll access, mobilization efforts, and political polarization.

Suffrage

• The right to vote.

• Historical expansion through amendments (e.g., 15th, 19th, 24th, and 26th) and ongoing discussions about access and barriers.

19th amendment

• Text: ${19}^{\text{th}}$ Amendment (1920): Prohibited denial of the right to vote based on sex.

• Significance: Expanded voting rights to women across the United States, including Texas.

Redistricting

• The redrawing of legislative district boundaries to reflect population changes from the decennial census.

• Implications: affects political representation, potential for gerrymandering, and legal challenges.

Political fundraising

• Campaign finance: collection and spending of money to influence elections and policy outcomes.

• Context in Texas: influence of PACs, interest groups, disclosure requirements, and ethics rules.

Name recognition

• The extent to which a candidate or officeholder is known to voters.

• Importance: can provide a substantial electoral advantage, especially for incumbents.

Interest group

• Organized groups seeking to influence public policy and decision-making.

• Roles: lobbying, lobbying laws, public campaigns, and coalition-building.

Regulations governing lobbying activities, registration, reporting of expenditures, and entity disclosure.

• Texas Ethics Commission oversees ethics rules and enforcement related to lobbying and public officials.

State rank for integrity

• A qualitative or quantitative measure of a state’s governance integrity (e.g., transparency, accountability, anti-corruption efforts).

• Rankings vary by year and source; used to assess the quality of governance and public trust.

Part-time legislature

• Texas has a part-time legislature: annual sessions are limited in duration (regular sessions occur every two years and last about 140 days in odd-numbered years).

• Implications: heavy workload during session, reliance on lobbyists and staff, and potential for longer post-session work year.

Constituent

• A resident within a legislator’s district who can contact their representative to express views, seek assistance, or advocate for policies.

Bill

• A proposed piece of legislation introduced for consideration by the legislature.

• Path to law typically includes drafting, committee consideration, floor debate, and passage by both chambers, followed by executive signature or veto.

Political participation

• Involvement in the political process beyond voting, including volunteering, campaigning, attending meetings, contacting officials, and joining associations or interest groups.

Filibuster

• A formal or informal prolonged speech or other delaying tactic used to block or delay legislative action.

• In Texas, filibusters are associated with the Senate process and have rules that govern debate time and motion procedures.

Veto

• The governor’s formal rejection of a bill passed by the Legislature.

• Override mechanism: both chambers must pass the bill again with a sufficient majority (often a supermajority) to override the veto.

• Texas also has line-item veto authority on appropriations bills, allowing targeted reductions in spending without vetoing the entire bill.

Representation in the Texas Legislature

• The structure of representation across two chambers:

  • Texas Senate: smaller chamber with longer terms and more constituents per senator.

  • Texas House: larger chamber with shorter terms and more numerous representatives.

• Key roles:

  • Speaker of the Texas House: presiding officer with significant influence over committee assignments and the legislative agenda.

  • Lieutenant Governor: independently elected, presides over the Senate, and sets the legislative agenda including determining which bills reach the floor.

Speaker of the Texas House

• The presiding officer of the Texas House of Representatives.

• Powers include appointing committee chairs, directing floor debate, and influencing the legislative agenda and bill passage.

Lieutenant Governor

• The highest-ranking official in the Texas Senate and a powerful figure in the legislative process.

• Roles: presides over the Senate, assigns bills to committees, controls the floor agenda, and often wields substantial influence on policy and strategy.

Is the Texas governor stronger or weaker than most states?

• Relative strength varies by metric:

  • Appointment powers: often weaker than some states with broader appointment authority.

  • Budget and line-item veto: strong tools for shaping policy and spending.

  • Public visibility and political influence: high due to media attention and high-profile issues.

• Overall assessment: the Texas governor has notable leverage (especially via veto power and a strong legislative counterpart in the Lieutenant Governor), but some formal powers (like direct appointment authority) may be more constrained than in other states.

][Qualifications for governor

• Basic eligibility: must be a natural-born or legally qualified citizen of the United States, at least $30$ years old, and a resident of Texas for at least $5$ years preceding the election.

• Term: typically two-year terms (note: current rules may vary if constitutional amendments or term limits are adopted).

Pardon power

• The Governor has the authority to grant pardons and commute sentences, often with input from the Board of Pardons and Paroles.

• Process generally involves review and recommendation from the parole board before a pardon is granted.

Women governors of Texas

• Notable milestones include the first woman to serve as governor of Texas (historical context).

• Women have held the office and contributed to policy leadership, with dynamics reflecting broader gender and political trends.

Attorney General

• The state’s chief legal officer.

• Responsibilities include providing legal opinions to state agencies, representing Texas in court, and issuing formal guidance on legal matters.

Bureaucracy

• The administrative arm of government responsible for implementing laws, delivering public services, and regulating activities.

• Includes agencies, departments, and commissions at the state level that carry out executive functions.

Media coverage of politics

• The role of mass media in informing the public, shaping political narratives, and influencing perceptions of candidates and issues.

• Implications: media framing, political communication strategies, and the dynamics of information dissemination in Texas politics.