Gov. Notes for Final Flashcards
The Constitution of Coahuila y Tejas
This 1827 constituion was established while Texas was under the rule of the United States of Mexico. The newly formed government of Mexico combined the once independent province of Tejas with that of Coahuila. The government of Coahuila y Tejas featured a legislature of fourteen deputies, of which only three were from Tejas. THe Mexican government stimulated the growth of Tejas by encouraging immigration into tit through a process of land grants
Constitution of the Republic of Texas
The population grew more Anglo, this led to more tension and led to the Texas Revolution of 1836. On March 16, 1836, fourteen days after they met to declare their independence from Mexico, the revolutionaries drew up the cCOnstitution of the Republic of Texas. They based the constituion’s structure on the U.S. Constitution of 1787. When Texas gained its indpenedence from Mexico it became the constituion of the new nation
The Statehood Consitution of 1845
often referred to as the best constituion ever written, the statehood Constituion of 1845 was necessary for Texas to join the union. It was a rather lengthy document reflective of the growing democratic movement throughout the coountry. It included an elected overnor and lieutenant governor with two-year terms. The bicameral legislature included two-years terms for members of the House of Representiatives and four-year terms for members of the senate
Confederate State Constitution of 1861
As a southern slave holding state, Texas joined the Confederate States of America. In march 1861 conventioneers drew up the Confederate Consittuion of 1861. This constituion included stron support for states’ rights, including secession and a staunch defense of slevary
The presidential Reconstruction Constitution of 1866
Texas, along with the defeated Confederacy, was forced to reapply to the USA and then ammended the constituion of 1845 against secession and slavery, and then increased all terms of elected oficals to four years. Congress never approved this constituion before the new government began to oparate
the congressional Reconstruction Constitution of 1869
Radical Republican congress rejected the Constituion of 1866 and dismissed the elected state government, subjected then to military rule. The republicans then disenfranchised all who oppose and had the supporting republican party ratify the new COnstitution of 1869 creating a strong central state government with a powerful governor with ample powers of appointement, appealed to the Radical Republicans. With its acceptance, Texas rejoined the USA
Government of Texas under the Reconstruction
resultant disenfranchisement of those who led the stte into the Confederacy “radically” improved the Repuvlican’s chances for governing. In 1870 Repulican EJ Davis. Davis and his legislative allies facored an activist government aht supported increased social spending and massive tax increases. Scholars believe that Texans benefitted from these programs yet resented a governemnt that violated a conservative philosophy based uopn limited government. In 1872 the democrats captured the lagislature and, in 1874, in a massively disputed election, won the governorship, as richard Coke defeated Davis
Present day Consitution: The CONsitution of 1876
With the election of 1874 the Democrats moved to reacquire the government. In 1875 a bipatisan group that had a strog democratic majority met in Austin to draft a new constituion. The Austin Convention, a cross section of Texans, but with a strong rural bent, headed by the National Grange, the first strongly united agricutlural organization, wrote a reactionary constitution that mirrored the principles of the 1845 Constution. THe term of the governor returned to a two-year limit, and he lost the extensive power of appointment gratned to the office by the constition of 1869. Voters wer allowed to elect the executive leadership and bring back the plural executive. Legislative terms also returned to two-year limits, and legislature sessions returned to biennial sessions instead of annual sessions, just as in 1845. In 1876 the newly drafted constituion went before the people for their ratificiation. They approved the COnstituion by a ration of two to one. THe vicotry was overwhelming in the rural areas. However, the few urban areas did not support the document
Consitution of 1876
vely long and wordy. It is the fourth largest state constituion and has nearly 90,000 wrods. This reflects an effort to restrict b ig government through detailed constraints that reflect the Jefforsonian ideal of limited government through dtailed constraints that refelct the Jefforsonian ideal of limited government often associated with, htough not exclusively, conservative traditionalist thorught. For our puprposes, the most significant Articles are those found in the beginning of this constituion.
Article One of Texas Constitution
Article One contains the Texas Bill of Rights. Texans show their commitment to individual liberty by placing their Bill of Rights in this first article. Very long, emphatic and specific, with 29 sections
Article Two
Contains a discussion of the appropriate use of the speration of powers and checks and balance. I norder not to have any of these branches become too powerful, it specifies the importance of these two doctrines.
Article Three
Legislative Article. It includes the requirements for being in the legislature, and for the legislative process. There are numerous restrictions on the legislature. In fact, it includes more negative than positive rules about the functions of the legislature
Articlee Four
Axecutive Article, Explains the functions of members of the plural executive. These leaders of the executive are all popularly elected heads of different depatments of governemnt
Article Five
Judicial Article. Containsthe organizational structure of the state judiciary. It describes the stratified fucntions of the state court system and explains the complex jurisdictions of this sturcutre. Jurisdictions is the limits within which particular courts can hear cases
Article Six
Suffrage article. It contains the rules and regulations of the elctions process. Remember that we find the basic control of this process in the Tenth Amendment of the U.S. cCOnstitution as a reserved power, gratned to the states. The U.S. Congress and the Supreme Court have limited stakes in this practice, expecially in relation to acts of raical, ethinic, cultural and sex discrimination
Legislature
The new constitution had a biennial session. Biennial session meets every other year. In approving a constitutional amendment the voters limited the sessions to 140 days. The upper house is senate, lower house is the House of Representatives. There are thrity-one members in the senate and 150 in the House. IN theory the legislature is to be the true citien’s branch so tehir slareis reflect this notions. THeir tipend is 7,200 per year. Most states are organized along political party lines, but not in texas. The prime officers, Speaker of the House (Elected by the house) and Lieutenant Governor (Elected by the voters), organize the hierarchy of the committees and appoints most committee members, organizgizes the calancdar among memebrs ofth at committee (The Lieutentnat Governor is non restricted)
The Texas Executive: The Governore
Texas has a plural executive. Governore is part of this plural executive, and it is higly limited, its most extensive power is the appointment power. He/She appoints the secretary of state and the members of regulatory boards. The Governore cannot seek removal of those regulatory board appointments. The governore draws up a budget, but so does the legislature, whose budgetary powers are greater. As he Commander -in-chief the Governore has military power over the Texas Naitonal Guard, and may hire and dismiss the actual military commander. If the situtiaon warrants, the Governor may use his emergency powers to declare martial law during periods of weather related catastrophes and civil insurrection and acts of mercy, such as pardons, amnesty and commutations as recommended by the Board of Pardons and Parole. Additionally he or she has legislative powers. These include calling special sessions of the legislature and the power to veto legislation. THe veto power increases the power of the governor; thee include a post adjournment and line item veto. Governore vetos legislation automatically after twenty days after the legislature adjourns, and is allowed to veto sections of the budget rather than rejecting it in its entirety
Attorney General
Chief lawyer of Texas. He or she acts to resolve constitutional questions, state laws regarding antiturust, environmental and consumer portoections laws
Comptroller of Public Accounts
The Comptrollers is the chief tax collector and banker for the state. He or she is resonsible for auditing businesses and collecteing all statewide taxes such as the sales tax
Commissioner of Agriculture
Chief administator of farm policies for the state. He or she makes recommendations concerning the use of herbicides and pesticides, as well as soil conservation practices
Commissioner of the Land Office
chief administrator for public lands. He or she manages 20,000,000 acres of public land
Secretary of State
The only unelcted member of the plural executive. The governore with senatroail approval appoints him or her. The Secretary of State serves as the chief election officer of the state and is also the primary records keeper
Texas Judiciary
Structure of the courts for Texasa includes: (from the lowest to the highest) the local courts, county courts, district courts, intermediate courts and the courts of last resort
Local Courts
Municipal Courts, otherwise known as traffic courts due to the fact that most cases concern alleged traffic violations, are limited to cirimanl jurisdiction, only class C misdemeanors. Municipal Court Judges acquire their ofices by appointment of the legislature of the municiplaity. THe Justice of the Peace COurts act as the initial court for those criminal cases outside the municiplaties and/or within the county. They have an additional criminal jurisdictional function of being magistrates that issue search warrants and writs of hebeas sorpus. hey also have civil jurisdiction over cases that do not exceed $5,000.
The County Courts
Constitutional County Courts served the dual role of being legislative as well as judicial. Evne today there are counties with very small populations in which this practice continues. Today in nonrurual ocunties these couts have legislative and executive functions, but no longer act in judicial capacity. A county Judge elected to a four-year term heads this court. The members of the court are not required to have any formal quilifications. As the population of the counties of the state grew, the county courts could not bear the burden of double duty. To compensate, the legislature initiated a reform establishing new courts known as County Courts-At-Law. THese courts have both civil and criminal jurisdiction. They have original jurisdiction of class A and B misdemanors, and they have civil jurisdiction in cases not exeeding $100,000. They also deal with matters of probate, guardianship and commitment to mental institutions. The judges in these courts are elected to four-year terms and must be lawyers
District Courts
District Courts are the beasic trial courts for criminal and civil cases in Texas. They have both criminal and civil jurisdictions. Concerning their criminal jurisdictions, the courts have original jursidtiction over felony cases, which include cases involving the death penalty. Regarding civil jurisdiction, the district courts deal with cases concerninig matters aboce $5,000. They are also invoved in resolving land title disputes and in divorce matters. The boundaries of these courts may both divide a county and exceed the county’s borders. THe term for a district court judge is four years, and the eligibility requires a minimym of twety-five years of age and four years of judicial practice
Courts of Last Resort
There are two Courts of Last Resort, which results in Texas being one of two states that has two functioning supreme courts. These courts are the Court of Criminal Appeals and the Supreme Court. The court of Criminal Appeals has final appellate jursidiction over criminal cases reviewed from the Courts of Appeals and over capital convictions from the District Courts. The Supreme Court has final appellate Jursidiction over civil cases reviewed from the Courts of Appeal. Each court has nine judges. THe constitutional requriements are the same as for the Courts of Appeal
Intermediate Courts of Appeal
Courts of Criminal Appeal have appellate jurisdiction over criminal and civil cases originating in the county or district courts. There are fourteen courts of appeal with three judges on each court. Their terms are six years. The judge must be at least thrity-five years old and either a lawyer or a judge of acourt of records for ten years.
The fundamental differneces between the Texas and the U.S. Constitutions
The supremacy constituion; it is the supreme law of the land. It is the embodiment of constitutional law. The Texas Constitution is a statutory constittuion and embodies both constitutional and statutory laws. The U.S. constituiton is very flexible and prone to be changed through the inromal processes of custom, time, and usage. THe Texas COnstituion is very restrictive. Amendments must be passed if the state government wishes to do anythying not specifically mentioned in the CONstituion. THe result is over 400 amendments to the Texas Constitution and only 27 amnedments to the U.S. Constitution
U.S. Congress
This is the legislative branch of government composed of two houses, the Senate and the House of Representatives. Article one of the U.S. Constituion sets forht its structure and functions
The Senate
This is the upper house of Congress. Each state sends two senators to the federal government, and they represent it in Congress
House of Representatives
This is the lower house of Congress. Each state sends a certain number of representatives to CONgress. The state’s population is the basis of the representation
Requirements for being int eh Senate
To be eligible for the senate, a person must be thirty years of age, have been a U.S. citizen for nine years and be an inhabitant of the state that he or she will represent
requirements for being in the House of Representatives
To be eligible for the House of Representatives, a person must be twenty-five years of age, have been a citizen of the U.S. for seven eyars and be an inhavitant of the state that he or she will repersent
comparison between the senate and the House
House is much larger than the Senate. It has 435 members, and the Senate has only one hundred. The term of office for House members is two years. The Senate term is six years. The functions of the House are reather restricited, but the Senate has much more flexibility. We will note this comparison when we compare the legislative process inboth houses. The Senate with its smaller membership receives more publicity and a greater degree of prestige than the House
Speaker of the House
Speaker is the most powerful member of the House. His powers come about because his office is combination of a constituionally mandated position and a political power bastion. In essence, he or she leads the majority party representatives through each session’s legislative process. The Speaker’s powers include developoing a calender, or ganizing comitees, submitting bills to the commitees and recognizing members to speak. The authority of the Speaker varies throughout hisotry, with certain SPeakers dominating the agenda with a substantial use of their power
The House Majoriy Leader
The House Majority Leader works with the Speaker in moivng the majority agenda. He or she works to generate support for the position ofp arty leaders, acts as a spkesperson for the aprty’s legislative programs, helps shepherd the party’s legisltation through the lawmaking process and assists in scheduling florr actions and the flow of debate
House Minority Leader
Is the leader of the minority party in the house and is responsible for marshalling supportfor the minoiryt party’s agenda. He/She tries as best as possible to convert a necessary number of the majority to the concerns of the minority party, with the hope of approving minority sponsored legislation
House Majority and Minority Whips
These are assistant party leaders in the House whose jobs include ensuring that party membes are present for floor votes and are informed and prepared to vote as the party prefers
President of the Senate
President of the Senate is the Vice Presdient of the U.S.. His/Her role in the Senate is the constitutional officer of the senate. This position is largely ceremonial. One of its imoprtant but rarely used functions is to vote in case ties
Presidnet pro tempore
This senator replaces the vice presidnet in the role of the president of the senate when the Vice President is absent. The English language application of his or her language title is to be in the place of the President (Of the senate) This senator has the longest length of service of the members of the majority party. He/ she often delegates task to more junior senators who need the exposure
Majority Leader
Leader of the majority party in the Senate. Unlike the majority leader in the House, he or she is the prome legislator for the aprty and sets the agenda. However, this is in closer consulation with the minority than in the House. In fact, when possible, Senate leaders set the agenda by unanimous consent. Given the Present partisan divide this rather cozy relationshiop had been strained
The Minority Leader
The minority leader is the leader of the minority party in the senate and is responsible for marshalling support for the party’s agenda. He/She tries to convice the majority to support issues endorsed by the minority party. The relationship between the majority and the minority leaer is less formal than in the House
Majority and Minority Whips
These are assistant party leaders in the Senate whose jobs are similar to their House counteroparts. However, the Senate with its smaller and more cohesive membserships often makes their whip jobs much easier than they are in the House