E2 Flashcards
1
Q
Texan’s views on Justice and Rights
A
Texan’s tend to support relaxed gun laws, the death penalty, guilty until proven innocent, and the castle doctrine.
2
Q
Texas has one of the highest incarceration rates in the country and the world.
A
True
3
Q
Retribution Theory
A
Theory that means punishment should fit crime (an eye for an eye).
4
Q
“Just Deserts”
A
Theory states that the purpose of criminal justice system is to enact a punishment that is fitting for the crime.
5
Q
Incarceration (incapacitation) theory
A
Removing the guilty from society to prevent a new or additional crime (lock them up).
6
Q
Rehabilitation Theory
A
Focuses on therapy or education to reform criminal behavior (get them help).
7
Q
Restorative Justice
A
Views the crime as a break in society between the community, the perpetrator, and the victim; focuses on healing this break (make it right).
8
Q
Ruiz v. Estelle (1972)
A
Texas prisons had used cruel and unusual punishment. Resulted in sweeping prison reforms and 20 years of federal oversight.
9
Q
Indigent defense
A
Governments must provide legal counsel provided for a defendant who cannot afford a private attorney.
10
Q
Tort
A
Any wrongful act by a person that results in injury to another person or property (in civil law).
11
Q
Tort
A
Any wrongful act by a person that results in injury to another person or property (in civil law).
12
Q
Loser pay law
A
Texas law that requires litigants to pay those they sued if they lose their lawsuits in certain cases
13
Q
Castle Doctrine
A
Texas law that allows the use of deadly force to defend your own home.
14
Q
In Re Gault (1967)
A
Set the minimum age for a defendant to be tried as an adult to 14 years old.
15
Q
What does the execution of mentally ill entail in Texas?
A
A mentally ill person cannot be executed UNLESS they understand the reason for their imminent death.
16
Q
electoral system
A
Includes various types of elections. There are processes that determine who can vote, who can run for office, campaigning activities, and the system of paying electoral candidates.
17
Q
Where are the voting laws written?
A
The US Constitution (specifically Article 1, Section 4). It states that the state determines who is qualified to vote in an election, how to register to vote, how parties and candidates get the ballot, and the types of equipment used for voting.
18
Q
Reconstruction in Texas
A
Forced Texans to recognize the 14th and 15th amendments
19
Q
What were the 5 methods used to stop Blacks from voting?
A
- The grandfather clause: only granted voting rights to citizens who’s grandfather had the right to vote.
- Literacy Test: a test used to verify the voter’s ability to read and understand aspects of the government.
- Poll Tax: annual tax that had to be paid before a person was allowed to vote
- White Primary: an attempt by the Democratic party to limit primary voting to only party members.
- Violence and Intimidation
20
Q
Voter Registration requirements in Texas
A
must be 18 years or older
- must be a US citizen
- must reside in Texas for at least 30 days.
Felons over the age of 18 are not allowed to vote; partially or fully mentally incapacitated people ate denied voting rights. Online voter registration is not allowed in Texas.
21
Q
The Voting Rights Act of 1965
A
eliminated literacy tests
22
Q
Motor Voter Act 1993
A
Allowed voter registration at same time as getting or renewing driver’s license.
23
Q
Guinn v US (1915)
A
eliminated the grandfather clause
24
Q
Nixon v. Herndon (1927)
A
Invalidated the white primary
25
Smith v. Allwright (1944)
Stated that political parties were public organizations.
26
The 24th Amendment
Abolishes poll taxes
27
Voting Rights act of 1975
Eliminated only English ballots.
28
Voter ID Laws
Must show a valid state issued ID card.
29
The 26th amendment
Lowered the voting age to 18
30
Direct Primary
A primary where voters directly select the candidates who will run for office
31
Preference Primary
a primary election in which voters indicate their choice to hold office, but the actual selection is left to the political party elites
32
Closed Primary
A primary in which only registered members of a particular political party can vote
33
Open Primary
A primary election in which voters may choose in which party to vote as they enter the polling place
34
Blanket/Wide-Open Primary
A primary in which voters do not register party affiliations and receive ballot papers containing the names of all political parties running for office; usually voters may choose only one candidate per office rather than one candidate per political party.
35
Cross-Filing
A system that allows a candidate to run simultaneously as a Democratic and a Republican candidate, essentially competing in both parties' primaries.
36
Plurality Elections
elections in which the candidate with the most votes wins
37
roll off
process in which voters mark off only the "more important" offices on a lengthy ballot-usually national or statewide offices—and leave the county or local office choices blank.
38
party-line voting
process in which voters select candidates by their party affiliation
39
Typical voter turnout in Texas
- 40-50% in general elections
- 20-30% in midterm and off-year elections
- 5% in special elections
40
Party Primary
an electoral contest to win a political party's nomination for the right to appear as its candidate on the ballot for the general election.
41
name recognition
making a voting choice based on familiarity with a candidates name.
42
position taking
an incumbent's advantage in having an existing record of positions on issues, both from previous elections and in the context of decisions made while in office.
43
credit claiming
the advantage derived from incumbents' ability to point to positive outcomes for which they are responsible
44
Casework
the process of solving problems for constituents
45
What is a convention?
a meeting of delegates of a political party to form policies and select candidates
46
Patronage System
also known as the Spoils System; filling government positions based on connections and political favors, not merit.
47
The Whig Party
An American political party formed in the 1830s to oppose President Andrew Jackson and the Democrats, stood for protective tariffs, national banking, and federal aid for internal improvements. Collapsed in the 1850's.
48
The Populist Party
1880-1890, consisted of small farmers; supported graduated income tax, 8 hour work days, and government control of railroads.
49
Progressive Party
Struggled to gain traction in Texas, unfavorable economic policy, supported cultural issues (such as alcohol prohibition, political reform, etc.)
50
party machines
State or local party organizations that sustain their control over government by providing jobs, government contracts, and other favors to citizens in return for votes.
51
Electoral Competition
It is a good thing; boosts voter turnout.
52
responsible party model
the view that each party should hold firmly to a clear and consistent set of policies with a coherent ideology distinct from that of other parties in order to present voters with clear choices
53
electoral competition model
The view that parties make a pragmatic move to the center of the political spectrum as they attempt to win votes, sacrificing the more purely ideological positions.
54
Washington's Farewell Address
Warned against permanent foreign alliances and political parties, called for unity of the country, established precedent of two-term presidency
55
straight ticket voting
the practice of selecting all the candidates for office who are running under a party label simply by checking off a single box marked with the party label.
56
Functions of Political Parties
- recruit candidates to run for office
- provide training for candidates and staff
- mobilizing voters
- representation
- control of government
- make changes to the party system
- campaign coverage, media, and advertising
57
temporary party organization
gatherings of ordinary party members, such as primaries, caucuses, and conventions
58
permanent party organization
the party officials selected by the temporary organizations to conduct party business between the primaries, caucuses, and conventions
59
grassroots organization
a group in which power and decision making reside with the average citizen.
60
sore loser law
prohibits someone for voting or running in the primary of one party and later running for office under the label of another party
61
runoff primary
A primary that occurs if no nominee receives the required majority of the votes in the primary; the top two finishers face off in a second primary to determine the nominee for the general election.
62
runoff primary
A primary that occurs if no nominee receives the required majority of the votes in the primary; the top two finishers face off in a second primary to determine the nominee for the general election.
63
county chair
A county chair is selected by countywide vote; these party officials are responsible for managing the local affairs of their party for the next two years
64
precinct chair
selected by party members in each voting precinct by majority vote
65
Plank
an individual issue position of the party platform
66
Approve party platform
the document that officially spells out the issue that stands of a party; it is written and approved at party conventions.
67
State party chair
individual selected at the state party convention to head the state executive committee.
68
executive committee
the main state governing body for the party that carries on the activities of the party between party conventions
69
organized interest
an individual, group of people, or group of businesses that organizes its efforts to influence public policy
70
lobbying
direct contact with members of the legislative or executive branch to influence legislation or administrative action.
71
solidarity benefits
the social interactions that individuals enjoy from joining a group and from working together for a common cause
72
expressive benefits
benefits that arise from taking action to express one's views; motivates group membership
73
disturbance theory
a theory of group formation that states that as societies become more complex and more diverse, new interests emerge to voice their concerns, prompting established interests to mobilize to protect the status quo
74
Free-rider problem
occurs when citizens do not contribute to the efforts of a group, but they still enjoy the results of those who did contribute.
75
collective goods
benefits that, once provided, go to everyone and cannot be effectively denied to others, even those who did not contribute to the effort
76
unraveling
a relatively small number of people take over an organization and define its goals in a different way that drives away more moderate members.
77
selective incentives
benefits exclusively available to members of an organization
78
labor unions
organizations that represent the interests of working people seeking better pay and better working conditions
79
professional associations
organizations that represent the interests of professionals
80
trade associations
organizations of similar businesses that work together to advance shared goals
81
single-issue interest groups
groups usually organized around one side of a single issue, such as pro-choice or anti-abortion groups
82
public interest groups
organizations that pursue noneconomic policies on behalf of the general public, even if all members of the general public do not agree on these issues or policies
83
intergovernmental lobby
the lobbying that occurs between different levels of government, such as between the state and national government or between local and state governments.
84
what do organized interest bring to the political process?
- provide representation for groups to complement the geographic representation provided by elected officials
- education (bring attention to issues and educated citizens about what the government is doing and how it impacts their lives).
- program monitoring (serve as "watch dogs" and can uncover any bureaucratic mismanagement or deter it)
- provide program alternatives
85
Electioneering
method used by organized interests to try to shape public policy by influencing who is elected to office, especially by serving as sources of campaign funding
86
Political Action Committee (PAC)
the fundraising arm of an interest group, that has been organized to raise and spend money under state and federal campaign rules.
87
independent political expenditures
spending on behalf of a candidate that is done without coordination with the candidate or his or her campaign
88
Super PACs
an organized group that can raise and spend unlimited amounts of money as long as it does not coordinate with a candidate's campaign
89
Dark Money
money spent on political activities by a nonprofit organization that does not have to report its sources of funding
90
grassroots lobbying
attempts by organized interests to influence legislators through public opinion; extension of democratic principles in which groups of citizens spontaneously mobilize to build support for a cause
91
Grasstop Lobbying
the attempt to influence legislators through key constituents or friends
92
Astroturf lobbying
a simulation of grassroots support, usually conducted by specialized lobbying firms
93
Lobbying regulation
- prevents statewide officers (other than judges) from accepting campaign contributions 30 days before and 20 days after the legislation.
- must report spending
- strict limits on gifts
- must register as a lobbyist
94
revolving door
the phenomenon of legislators and members of the executive branch moving easily from government office to lucrative positions with lobbying firms
95
Pluralist Perspective
A view of politics that argues that democracy is best practiced when citizens participate through groups; a greater number of organized interests means wider participation and a healthier democracy.
96
Hyperpluralism
a view that the system today has evolved beyond simple pluralism and is now one in which many narrow interests are represented, often at the expense of the broader public interest
97
What would constitute as local government?
- Cities and counties
- School districts
- community college districts
- municipal utility district (MUDs)
- water conservation districts
- airport districts
98
municipal utility district (MUDs)
a special district that provided water, sewer, or similar services to individuals and businesses outside the city limits.
99
What is the purpose of local government?
- to provide for public schools, hospitals, parks and recreation, economic development, ports, libraries, and fire protection.
- to provide public services such as water, sewer, trash collection, etc.
100
Texas has the 2nd highest number of local governments in the United States.
True (5343 local governments)
101
Dillon's Rule
The principle that, regardless of the type of local government, all local governments are creatures of the state government and have only those powers specifically granted to them by the state.
102
Fiscal Federalism
use of national financial incentives to encourage policies at the state and local level
103
Block Funds
A type of federal grant that the central government gives blocks of funds to the state government, giving directives on how to spend it (instead of specific one). The flexibility is given to the state governments for its priorities.
104
categorical grants
federal government gives funds to the state government for specific purposes (Ex: food stamps)
105
Revenue-Sharing
taxes earned by the federal government are distributed to the state and local governments.
106
Administrative Federalism
The process whereby the national government sets policy guidelines then expects state governments to pay for the programs they engender without the aid of federal monies.
107
County Government purposes
- carry out duties for the state government (are extensions of the state government)
- designed to bring the state government to the people
108
Functions of the State Government
- operate courts for the state
- operate public health clinics, immunization programs, enforce state health regulations, inspect restaurants
- maintain vital records (marriage licenses, death certificates, birth certificates, property deeds)
- collect funds for the state (property taxes)
- conduct elections
- maintain sheriff's offices and operate jails
109
commissioner court
The governing body of Texas counties (consists of 4 commissioners and the judge from the county constitutional court)
elected by a partisan election, serve four year staggered terms, and is a legislative body.
110
partisan election
a type of election in which candidates' names and party affiliations appear on the ballot
111
Functions of Commissioners Court
- passes ordinances that govern the county
- determine the types and rates for taxes to fund a county
- passes annual county budget
- oversees county departments and agencies
- conducts elections in the county
112
Other County Offices in Texas
- Sheriff: the elected county official who oversees county law enforcement
- County clerk: the county official who maintains county records and (in some counties) oversees elections
- County attorney: the elected county official who represents the county in legal activities and offers legal advice to the county government
- Tax assessor: the elected county officer who collects county taxes and user fees
- JP: an elected officer who acts as a judicial officer for minor criminal and civil offenses
- Constable: an elected county officer who acts as a judicial officer for minor civil and criminal cases: assists the JP with their duties.
- Auditor: a county officer appointed by the district judge to oversee county finances
113
merit-based civil service
a system in which people receive government jobs based upon a set of qualifications and formal training; job promotion and pay raises are based upon job performance.
114
County Civil Service Commission
the agency administering the county's civil service system; develops job definitions, qualification processes, employee classifications, and other aspects of the system
115
Privatization
a process whereby a government entity sells off assets or services to a private company that is responsible for providing a service
116
Contract Outsourcing
A process whereby a government entity contracts with a private company to perform a service that governments traditionally provide, such as a contract to collect trash
117
General Law City
the default organization for Texas cities, with the exact forms of government, ordinance powers, and other aspects of city government specified in the Texas Local Government Code.
General cities are rigid and unable to adapt to the demands of population growth, demographic change, and economic development.
118
Ordinance
A law enacted by a city government
119
General law city (type A)
- has more than 600 residents
- strong mayor from of city government
- must have a tax assessor, treasurer, city secretary, and city attorney
120
General law city (type B)
- 201 to 9,999 residents
- weak mayor system
- city commission elected using at-large system
121
General law city (type C)
- 201 to 4,999 residents
- commissioner form or weak mayor system
must have a city clerk and a city tax assessor
122
Home Rule City
a city that has been granted greater freedom in the organization and functioning of city government. It can make structural and administrative changes without seeking permission from the state.
Usually has more that 5000 residents. It is governed by a charter, has more freedom to pass ordinances, and it has powers of annexation
123
At-large
candidates compete for seats on a council without reference to specific districts or seats on the council
124
At-large by place
candidates declare that they are running for a specific seat or place on the city council
125
single-member district
- city is divided into several electoral districts
- voters vote their most preferred candidate, whoever wins the most votes wins the seat
126
cumulative voting system
all candidates compete for seats on city council without reference ti specific seats or districts. voters possess a number of votes equal to the number of seats on the council.
127
Machine Politics
A system of patronage whereby political organizations, led by a local party boss, disperse city jobs, government contracts, and other benefits to maintain control of city governance; power, once acquired, is typically used for personal gain.
128
Issues in a City Government
- zoning and planning policies
- annexation and economic development
- city government vs state law
- immigration policy
- city budget
129
Local School District or ISD Board
a local school district is a form of local government. the board of trustees are elected by voters living within the school district; they serve four year terms and the board consists of 3-7 members.
130
Plain Sight Doctrine
officials can search/seize if they see illegal items/activities. Texas does not have this.
131
writ of habeas corpus
allows you to go into Federal court with a claim that your constitutional rights were violated.
