Texas Government

State constitution Basic principles

Protection of civil rights

Structure of state government

Powers of the branches of State government

Process of constitutional change

Texas Constitution

One of the longest with 390 amendments

It is about 2.5 times longer than the average state constitution

Amendments

Amendments can be proposed by:

1) Constitutional Convention

2) Legislature

3) Voters

Ratification

All State amendments can be ratified by a vote of the people

Laws

Statutory Laws are laws that are passed by the legislature

Examples:

agricultural, educational, tax codes

Fundamental laws are laws of basic and lasting importance.

Examples: court cases that focus on a person's rights: San Antonio ISD vs Rodriguez (1973): dealt with implied rights and written rights.

Popular Sovereignty

The people are the sole source of the government's power.

Limited Government

Powers given to the government are limited

Initiative

Process by which the voters sign a petition favoring a proposal

Texas State Legislature

Qualifications for State Legislature

Age:

representative:21

senator: 26

Citizenship

representative:2 years

senator: 5 years

Residence

representative: 1 year

senator: 1 year

State Legislatures

Terms:

2 for house

4 for Senate

8 most important powers

1) tax

2) spend

3) borrow

4) establish courts

5) police

6) define crimes and provide for their punishment

7) regulate commercial activities

8) maintain public schools

Non-legislative functions

1) executive: approve governor's appointments

2) Judicial impeachment

3) Constitution: Constitution-making and amending

Committee System

Laws are referred to committees for recommendations to the full House

Similar to national Congress system

A large number of these bills originate from public and private sources

Constituent Power

Constitution-making power

Police Power

State's power to protect and promote public health, safety, morals and welfare

Referendum

Process by which a legislature sends bills to the electorate for approval

The Governor

Qualifications:

1) 30 years old

2) 5 years

Selection: popular vote

Term: 4 years

Pay: $115,000

Succession: Lieutenant Governor

Removal: impeachment

Powers

Executive

1) appoint and remove key assistants

2) supervise staff executive branch

3)prepare and submit biennial budget

4) serve as commander in chief of State National Guard

Legislative powers

1) Recommend legislation

2) Call special sessions of legislature

3) Veto bills

Judicial powers

1) Pardons-release person from crime

2) Commute-reduce sentence of criminal

3) Reprieve-postpone execution

4) Parole- release a prisoner

Constitutional law

The body of law based on the United States and State constitutions and judicial interpretations of them

Statutory Law

The body of laws based on statutes enacted by legislative bodies

Administrative Law

Rules, orders, and regulations issued by executive branches of government

Common law

The unwritten, judge-made law that has developed over the centuries

This is used to punish crimes after they happen

They follow a Precedent, a guide to be followed by all later on

Equity

Body of law that provides remedies for wrongs before they occur

This is used to prevent crimes or situations

Types of Crimes

1) Felonies

Serious crimes punished by long-term jail, large fine or even death

2) misdemeanors

Lesser offenses with small fines and quick time in prison

Civil law

Disputes between individuals and between individuals and government

Grand Jury

Determines whether the facts of a case warrant bringing a criminal case to trial

Petit Jury

Selected from lists of registered voters and licensed drivers.

Justice of the Peace

Usually hears only misdemeanor cases

Also performs marriage ceremonies-nonreligious

Municipal Court

Hears criminal cases which the fines are less than $2000

Traffic violations are a majority of the workload

Juvenile Court

Only hears cases involving young people under the age of 18

General Trial Court

Hears most of the important civil and criminal cases

Exercises original jurisdiction

Immediate Appellate Court

Reviews cases in lower courts

Has the ability to reverse decisions made

State Supreme Court

The State's highest appellate court in civil cases

Court of Criminal Appeals

The State's highest appellate court in criminal cases

Warrant

A court order authorizing an official action

Preliminary Hearing

First step in a major criminal prosecution

Determines if actual case will go to trial

Appellate Jurisdiction

Courts that reviews cases that have already been heard in another court