gov final i think Flashcards

1
Q

for true and false questions how should it be gone about?

A

break it into components and if one thing is false then the whole thing is false

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2
Q

what type of primary would the runoff be?

A

the runoff is closed - only vote if you voted in that party in the initial

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3
Q

Which party likes the Electoral College?

A

Republican

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4
Q

Which party dislikes the Electoral College?

A

Democrat

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5
Q

Hot Coffee Documentary - TORT meaning

A

a civil lawsuit where you sue businesses/ people for money for the harm they have caused through faulty products etc.

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6
Q

Hot Coffee Documentary - TORT reform

A

limiting a plaintiff’s ability to bring the lawsuit or if they do make the lawsuit limit the amount of money the plaintiff can win

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7
Q

Hot Coffee Documentary - what conclusion did the juries come to

A

they said that McDonalds was like 80% at fault, and the plaintiff was at 20%
the jury gave her $200,000 for her medical bills and 2 million for punitive damages (very rare, and the jury does this to punish the wrongdoers and reduce the possibility of this happening again, this 2 million was equivalent to 2 days worth of coffee sales nationwide for McDonalds)

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8
Q

Hot Coffee Documentary - how much did the plaintiff actually get?

A

the jury gave 2 million + 200,000 but she probably settled for $500,000 - $650,000
this is because in states there is always a cap on damages

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9
Q

Hot Coffee Documentary - can frivolous cases make it to court

A

no - judges had to have thought the case was non-frivolous and had merit
by the time cases make it to the Supreme Court the plaintiff has already spent so much money that it’s no longer frivolous

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10
Q

what do critics of the long ballot say?

A

they say most texans are not well informed enough to be voting down the ballot

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11
Q

what do defenders of the the long ballots say?

A

that election is the best way to ensure that public officials remain accountable to the people

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12
Q

a special election is called when

A

a time outside the normal election calendar

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13
Q

what are at-large elections

A

voters vote for candidates that represent the entire area

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14
Q

at-large examples in Texas

A

U.S. Senate
Governer and Litentue Governer
Railroad Commission
Texas Supreme Court
Texas Court of Criminal Appeals
Some members of the Houston City Council

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15
Q

in at-large elections which candidates get elected the most

A

white candidates

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16
Q

district elections

A

voters vote for a candidate to vote for just the district

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17
Q

district election examples in Texas

A

U.S. House
Texas Senate
Texas House
some city councils across the state

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18
Q

When Texas joined in 1845 who could vote?

A

white males

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19
Q

disenfranchisement (taking away the right to vote, making it difficult to vote, diluting some groups’ voting power) instruments included:

A

the poll tax
the grandfather clause
the white-only primary
political bosses(primarily against Hispanics, their bosses tell them if this candidate doesn’t win something negative will happen)
literacy test(Texas didn’t use this at the state level)

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20
Q

1944 Smith vs Allwright

A

White-only primary is unconstitutional and done away with

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21
Q

1953 Terry vs Adams

A

This eventually ruled the Jaybird Primary (a white-only pre-primary)
unconstitutional

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22
Q

1964 24th Amendment

A

Took away the poll tax

23
Q

how many constitutions have Texas had so far?

A

six, different constitutions

24
Q

since when have we had the current constitution?

A

1876

25
Q

how much has the current constitution been amended?

A

500 times

26
Q

1st - 1836 Texas Constitution

A

national constitution after Texas independence from Mexico
- similar to us constitution
- allowed for slavery
- had separation of power and male citizen suffrage
- excluded native and African Americans from citizenship

27
Q

what did the first constitution of 1836 take from the Spanish Mexican law?

A

Community property law and homestead exemption from taxes

28
Q

2nd - 1845 Constitution

A
  • made when Texas joined the US
  • long and detailed and served as a base for the next four constitutions
  • implemented bicameral legislation and a biennial legislature (governer 2 years)
  • public school system
    -legislators’ power was limited by general provisions
29
Q

3rd- 1861 Constitution

A

-made when Texas was seceding from the US
-very similar to the 1845 constitution but it removed the possibility of the emancipation of slaves

30
Q

4th- 1866 Constitution

A

-made with changes that texas had to make to reenter the union
-gave the governor more power increasing his term to 4 years giving him the power of line-item veto, and increasing his salary
-increased the salary of legislators, who could only be white
-allowed legislation to propose changes if 3/4 from both houses and governer approval

31
Q

5th- 1869 Constitution

A

-this happened because another constitutional convection was required with all males, not just white ones
-people wanted not just white males deciding everything for them
- this created a stronger state government
- centralized the public school system
-had annual legislative sessions
-greater state salaries

32
Q

6th- 1876 Constitution

A

-made after the reactions to the civil war
-put limited government back into place

33
Q

How many delegates were ratifying the Constitution?

A

90

34
Q

76 of the delegates were?

A

democrats

35
Q

how many of the delegates were African American?

A

5

36
Q

72 of the delegates were?

A

from other southern states, only 4 were native texans

37
Q

how many of the delegates were lawyers?

A

33 of em

38
Q

28 of the delegates were?

A

farmers

39
Q

how many delegates served in the state legislature?

A

30 of em

40
Q

Hot Coffee - What are Astro-turf groups?

A

when orgs that look like they’re run by average citizens are ran by businesses.

41
Q

How are amendments proposed now?

A

2/3 from both houses in the states, then voters ratify

42
Q

Which political party currently wins top-of the ballot races in Texas?

A

Republican

43
Q

what are some criticisms of the current constitution?

A

-more power to the governor
-part-time citizen legislator
-confusing judicial system the ones they set overlapped so why not just combine them
-they wanted more state power

44
Q

what days are the local elections allowed to happen in Texas?

A

The 3rd Saturday in January.
* The 3rd Saturday in May.
* The 2nd Saturday in August.
* The 1st Tuesday after the 1st Monday in November

45
Q

who was in control first-party era of 1870s through 1930s

A

conservative democrats

46
Q

who was in control second-party era of 1940-1952

A

conservative democrats, libertarians started to make a move

47
Q

who was in control third-party era (1953-1977)

A

liberal democrats

48
Q

who was in control fourth-party era (1978-1993)

A

liberal democrats, republicans started to make a move

49
Q

who was in control fifth-party era (1994 to 2006?)

A

we might still be here, but now its 50 50 for offices but republicans are more likely to vote

50
Q

The 1st, 2nd, 9th, 10th, 14th, 16th, and 27th amendments are very similar for tx and us

A

1st Amendment: Guarantees freedom of speech, religion, press, assembly, and petition.

2nd Amendment: Protects the right to bear arms.

9th Amendment: Affirms that rights not specifically mentioned in the Constitution are still retained by the people.

10th Amendment: Reserves powers not delegated to the federal government to the states or the people.

14th Amendment: Ensures equal protection under the law and due process of law to all citizens.

16th Amendment: Allows Congress to levy an income tax.

27th Amendment: Prohibits laws that increase or decrease Congressional salaries from taking effect until the next election.

51
Q

U.S. v. Banks

A

4th amendment, police announced themselves, waited 15-20 secs then busted into the apartment.
Banks said evidence must be suppressed since no reasonable time like 4th amendment said.
the district court said no court of appeals said yes

52
Q

South Dakota v. Dole

A

federal government can use funding to get states to pass laws

53
Q

Colorado Dept of State v. Baca

A

The U.S. Supreme Court in the case of Colorado Department of State vs. Baca (2020)
held that states can punish electors that do not cast their vote for the state’s popular
vote winner