Card Set Information

2010-11-15 19:56:52

Gov Test
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  1. Why was congress created?
    Fear, Experience, Familiarity, Differences
  2. Structure of the house of representatives
    House and Senate
  3. House
    • Originate/initiatives all revenue bills
    • Power to bring impeachment charges
    • Passes articles of impeachment
  4. Senate
    • Power to offer “advise and consent” over appointments
    • Approves treaties with 2/3 vote
    • Tries impeached officials
  5. Functions of Congress
    • Lawmaking
    • Service to Constituents
    • Representative styles
    • Oversight of the bureaucracy
    • Public Education
    • Conflict Resolution
  6. Representative styles
    • Delegate Theory
    • Trustee Theory
    • Politico
  7. Miller V. Johnson (1995)
    • Limited racial redistricting
    • Race could not be the predominant factor in creating electoral districts
    • Under 1965 Voting Rights Act to give – minority districts
  8. Bush V. Vera
    • Texas created 3 additional congressional districts
    • 18th Sheila Jackson – Lee; 29 Gene Gree; and 30 – Eddie Bernice Johnson
    • Supreme Court ruled that it violated the 14th equal protection clause strict scrutiny approach and 1965 voting rights act.
  9. How Congress Work
    Congressional committees
  10. Types of Committees
    • Standing Committees
    • Joint Committees
    • Conference Committees
    • Select (or special) Committees
  11. Standing Committees
    Committee to which proposed bills are referred
  12. Joint Committee
    Includes members from both houses or Congress, conducts investigations or special studies
  13. Conference Committees
    Joint committee created to iron out differences between Senate and House versions of a specific piece of legislation
  14. Select (or special) committee
    Temporary committee appointed for specific purpose, such as conducting a special investigation or study
  15. Leadership the House
    Membership :177 republicans; 253 democrats; 0 independents; 5 vacancies
    • Speaker of the House
    • Majority Leader
    • Minority Leader
    • Whips
  16. Speaker of the House
    Technically nonpartisan but has been the leader of the majority in the House
  17. Majority Leader
    • Elected by a caucus of party members to foster cohesion among party members & to
    • act as a spokesperson for the party
  18. Minority Leader
    The candidate nominated for speaker by a caucus of the minority party – official spokesperson for minority party
  19. Whips
    Act as liaisons between the leaders and the rank and file
  20. Leadership on the Senate
    Membership: 51 Republicans, 57 Democrats, and 2 Independents
    • President Pro
    • Majority Leader
    • Minority Leader
  21. How a bill becomes a law
    A bill becomes a law by first being passed through both houses of Congress through a majority vote. The bill is then sen to to the President for approval. He sign, It become a law
  22. 8 Statements of the impeachment process
    • 1. Resolution
    • 2. The committee vote
    • 3. The house vote
    • 4. The hearing
    • 5. The report
    • 6. The house vote
    • 7. The trial in the senate
    • 8. The senate vote
  23. Congress & Judiciary
    • Establish size of the court
    • Its appellate jurisdiction
    • Structure of federal courts system
    • Senate accepts/ rejects presidential nominees to fed ct as well as executive branch appoint
  24. Congress & Judiciary Composition
    • 150 House
    • Texas resident 2 years
    • 2 years term
    • 21 years old

    • 31 Senators
    • Texas resident 5 years
    • 4 years term
    • 26 years old

    Elected in november of even numbered years
  25. How can a speaker?
    He simple need at least 6 votes from the 150 HOuse member, to remain as speakers
  26. Texas Legislature
    Can only meet for 140 days in odd numbered year
  27. Affects of limited timeframe
    • Quality of legislation is reduced
    • Bill that do make it are more of consequence then merit
    • Increases power of the legislative leaders and lobbyists over member
    • State becomes reactive instead of proactive
  28. Texas Population
    • 2000: 20 million
    • 2009: 24.7 million

    Census information race/ethnicity in Texas

    • Hispanics: 36.5%
    • Anglo: 47.4%
  29. Kilgarlin v. Martin (1965)
    • Applied the 1 person 1 vote in texas
    • Specifically declaring unenforceable Texas’s Constitutional provision limiting 1 senator to a county and the # ofrepresentatives from county regardless of equality
  30. Hunt v. Cromartie (2001)
    North Carolina was not in violation of 14th equal protection clause by using party affiliation/identification as a predominant
  31. 4 Categories of bills
    • Special: addresses a specific individual, class or cop.
    • General:applies to all people/property in all parts of Texas
    • Local:create/ affects a single unit of local government [city/county/special district]
    • Bracket:specifies a geographical area as part of a local bill
  32. Judicial Impeachment
    • House investigates and a majority vote on articles (s) of impeachment move to theSenate for trial: There is not set criteria: engaging in serious misconduct
    • Senators take an oath as a jury which is presided by the Chief Justice of The SupremeCourts of Texaso Convicted by: 2/3 senators present
    • If convicted – removal
    • Can be tried in court if charges violate criminal law[James Ferguson 1917]
    • Can be sued for slander during legislative debates
    • May not
  33. Article 2
  34. 12 Amendment (1804) Separate election & Vice President
    • If there is no majority of electors forPresident the top 3 candidates are sent to the House and each state gets onevote and you need a majority of the states to win Presidency
    • If no president is reached by March then theVice-President becomes President until a decision is made by the House
    • If there is no majority of electors for theVice-President then the Senate determines through majority vote who isVice-President
  35. 20th Amendment (1933) January 20th takes office
    • Senators and House members take the oath of office on Tuesday, January 3rd at noon
    • If there is no president by January 20ththen the House determines who is president
  36. 22nd Amendment (1951) Serves 4 years
    limited to 2 terms [total 10 years]
  37. 25thAmendment (1967) – Succession rules
    • President succession Act (1947)
    • 1)Speakers 2) President Pro-Tempore 3) Sec. 0f State 4) Treasury 5) Defense 6) order cabinet heads in order of creation
    • Salary: Article II Section 1:6
    • President $400,000
    • Vice President: $200,000
    • Presidential Tax returns
  38. The Process of Becoming President
    • Electors 435 + 100 + 3 [D.C – 23rd Amendment] = 538
    • Majority to win: 270
  39. U.S. v. Nixon (1974) Supreme Court unanimously ruled that he had to hand over the tapes
    to the Ct.
    • Impoundment of Funds: budget and Impoundment & Control Act 1974 prohibits the president from indefinitely withholding funds appropriated by Congress
    • With approval by House & Senate with in 45 days of continuous session or the funds had to be available again for obligation
  40. President Impeachment
    • House-simple majority vote to authorize and investigation
    • House Judiciary Committee conduct inquiry & submit finding of full house
    • House-simple majority indicts
    • Senate hod trial - Chief Justice of Supreme Coust presides - Senate takes oath
    • Senate – 2/3 remove [67 senators]
  41. Qualifications of Governor
    • Formal
    • Personal/ Informal characteristics
    • Elections and term of Office
    • Compensation
    • Staff
  42. Formal
    • Citizen
    • 5 year resident
    • 30 years old
  43. Personal/Informal characteristics
    Politically conservative, involved in civic affairs, and wealthy
  44. Elections and term of Office
    • general elections in November [non-presidential years to avoid contamination]
    • Inaugurated on the 3rd Tuesday. in January
    • Serves 4 years with no term limit since 1974
    • Minimizing the effects of national political campaigns
    • Greater independence from the special interests groups
    • More time to learn the details of the office and develop policy plans
  45. Compensation
    • Currently paid $115, 000
    • Set to reside in the governor's mansion
    • Expense acct for maintenance of staff & professional staff
    • Airplane & limousine
  46. Formal Roles and Limitations
    • Plural Executive
    • Appointive Power
    • Limitation on Appointive power
    • Military Power
    • Budgeting
    • Clemency
  47. Military Power
    • Texas National Guard: army & air force financed by U.S.
    • Texas State Guard: volunteer group established during WWII and serves as a backup
    • Law enforcement: decentralized at both state and local levels
  48. Law enforcement: decentralized at both state and local levels
    • Limited
    • Public Safety Commission: 3 member board is appointed by governor who oversee the Dept of Public Safety and Texas Rangers
    • Sheriff-county/unincorporated areas
    • Municipal - city
  49. Clemency: Mercy
    • restricted to one 30 day reprieve for an individual sentenced to death
    • Unlimited power to pardon [release from prison] except in treason/impeachment
    • With the advice and consent of senate he can grant pardon for treason.
  50. Plural Executive
    • Lieutenant Governor
    • Attorney general
    • Comptroller of public accounts
    • Commissioner of general land office
    • Commissioner of agriculture
    • Secretary of State
    • Boards and Commissions
  51. Lieutenant Governor: leader of the Senate
    Acts as governor temporarily when the governor is out of the state, impeached, resigns, or dies in office
  52. Attorney general: state’s chief lawyer
    • Represents the state in lawsuits
    • Gives advisory opinion to state and local agencies, legislature and governor’s office
    • Collects unpaid child support
  53. Comptroller of publicaccounts:state’s chief accounting officer and tax collector
    • Certifies that revenue is available to cover all proposed expenditures before House and Senate can pass with a simple majority
    • If he/she does not certify that revenue is expected to cover proposed
    • expenditures, a 4/5 majority vote in both houses is needed
  54. Commissioner of generalland office: public lands
    • Awards oil, gas and sulfur exploration leases on state land
    • Serves as chairman of the Veterans land board which lend $ to vets for land & home purchases
    • Oversees the permanent school fund and university fund[PUF]
    • 20.6 million acres of land-60% dedicated to education
  55. Commissioner of agriculture: suppose to be a “practicing farmer”
    • Heads the Texas Dept. of Agriculture and enforces agricultural laws
    • Inspects commercial scales, pumps and meters for accuracy
  56. Secretary of State: chief elections officer
    • Administers state elections
    • Tabulates election results of state and district offices
  57. Boards and Commissions:
    Texas Railroad Commission:

    Created to regulate the railroads, decrease corruption and protect the states large agrarian population form crooked railroad practices
  58. Boards and Commissions
    • Texas Railroad Commission
    • State Board of Education
    • Public Utility Commission
  59. Texas Railroad Commission:
    Created to regulate the railroads, decrease corruption and protect the states large agrarian population form crooked railroad practices
  60. State Board of Education:
    • Approving state-curriculum and textbooks, determining passing scores for state educational testing, and managing the Permanent School Fund.
    • Composed of 15 board members elected from single member districts
    • The commissioner administers the TEA
  61. Public Utility Commission:
    • Charged with regulating phone and energy companies
    • Appointed regulatory commission
    • Composed of 3 member board, each appointed by the governor with Senate approval for six-year overlapping terms
    • Protect consumers from unfair rates and practices, set rates that phone and energy companies could charge
  62. Describe Texas' Plural Executive
    Texas elects nine statewide officials more than most states. These include governor, lieutenant governor, attorney general, comptroller of public accounts, land commissioner, agriculture commissioner, and three railroad commissioner, as well as fifteen education board members elected from districts. There are frequent clashes between governors and other executive officials