Vocabulary 24 and 25 Item veto Item veto Misdemeanor Misdemeanor Common law Common law Warrant Warrant Property tax Property tax Sales tax Sales tax Regressive tax Regressive tax Charter Charter Budget Budget

Chapter 24,25 U.S. Government State and Local Governments Insubordinate

The Need for Reform Length of Constitution The Texas constitution is the second longest in the nation, with 390 amendments. The Texas constitution is the second longest in the nation, with 390 amendments. There has been a failure to separate fundamental law from statutory law. There has been a failure to separate fundamental law from statutory law. Age of Constitution The Texas constitution is more than 100 years old, with outdated provisions. The Texas constitution is more than 100 years old, with outdated provisions.

The Legislature: Structure and Size The basic function of the legislature is to translate the public will into public policy. The basic function of the legislature is to translate the public will into public policy. Like most State legislatures, the Texas legislature is bicameral, with a senate and house of representatives. Like most State legislatures, the Texas legislature is bicameral, with a senate and house of representatives. The Texas senate is made up of 31 members, and the house of representatives is comprised of 150 members. The Texas senate is made up of 31 members, and the house of representatives is comprised of 150 members.

The Texas State Legislators The Texas State constitution defines legislator requirements regarding age, citizenship, and residence. The Texas State constitution defines legislator requirements regarding age, citizenship, and residence. Legislators are chosen by popular vote, usually in November of even-numbered years. Legislators are chosen by popular vote, usually in November of even-numbered years. Legislators serve either two- or four-year terms. Legislators serve either two- or four-year terms. The typically low compensation keeps many qualified people from running for these offices. The typically low compensation keeps many qualified people from running for these offices. The Texas legislature meets on a biennial (every- other-year) basis, and special sessions may be called by the governor for urgent matters. The Texas legislature meets on a biennial (every- other-year) basis, and special sessions may be called by the governor for urgent matters.

Powers of the Legislature Legislative Powers The legislature can pass any law that does not conflict with federal law or with the State constitution. The legislature can pass any law that does not conflict with federal law or with the State constitution. The legislature has the powers to tax, spend, borrow, establish courts, define crimes and punishments, regulate commerce, and maintain public schools, among other powers. The legislature has the powers to tax, spend, borrow, establish courts, define crimes and punishments, regulate commerce, and maintain public schools, among other powers. Electorate Powers A referendum is a process by which a legislative measure is decided upon by the State’s voters. In Texas referendums are only used for Constitutional Amendments. A referendum is a process by which a legislative measure is decided upon by the State’s voters. In Texas referendums are only used for Constitutional Amendments.

The Governorship Governors must be American citizens, at least 30 years of age, and must have lived in the State for at least five years. Governors must be American citizens, at least 30 years of age, and must have lived in the State for at least five years. The governor and lieutenant governor are chosen independently by popular vote in a direct primary. The governor and lieutenant governor are chosen independently by popular vote in a direct primary. Governors serve four-year terms, with no limitations on reelection. Governors serve four-year terms, with no limitations on reelection. If a governor leaves office during a term, he or she is succeeded by the lieutenant governor. If a governor leaves office during a term, he or she is succeeded by the lieutenant governor.

A Governor’s Many Roles Appointment and removal of assistants; Appointment and removal of assistants; supervising the staff of the State’s executive branch; supervising the staff of the State’s executive branch; commanding the State militia, or National Guard. commanding the State militia, or National Guard. The governor’s basic legal responsibility is to “take care that laws be faithfully executed.” This is accomplished through these tasks, among others:

The Lieutenant Governor The lieutenant governor of Texas is part of both the executive and legislative branches. The lieutenant governor of Texas is part of both the executive and legislative branches. The lieutenant governor presides over the senate. In this position, he or she can influence state policy and the legislature. The lieutenant governor presides over the senate. In this position, he or she can influence state policy and the legislature. The lieutenant governor has the right to debate and vote on issues when the senate sits as a committee of the whole. The lieutenant governor has the right to debate and vote on issues when the senate sits as a committee of the whole. With the limited executive authority of the governor, the powers of the lieutenant governor of Texas are considered to surpass those of the governor.

Criminal and Civil Law Criminal Law Defines public wrongs and provides for their punishment Defines public wrongs and provides for their punishment There are two types: felonies and misdemeanors. There are two types: felonies and misdemeanors. Civil Law Relates to disputes between private parties or between private parties and the government that are not covered by criminal law Relates to disputes between private parties or between private parties and the government that are not covered by criminal law These cases are referred to as “law suits.” These cases are referred to as “law suits.” They lead to an award of money or a fine. They lead to an award of money or a fine.

The Jury System The Grand Jury Determines whether the evidence against a person is sufficient to justify a trial. Consists of 12 people. A majority is needed to indict. Determines whether the evidence against a person is sufficient to justify a trial. Consists of 12 people. A majority is needed to indict. They meet and deliberate in secret. They meet and deliberate in secret. The Petit Jury Hears and reviews the evidence in a case and decides the disputed facts. Hears and reviews the evidence in a case and decides the disputed facts. The usual number of jurors at the Texas county level is 6 and at the State district level is 12. The usual number of jurors at the Texas county level is 6 and at the State district level is 12. Their verdict must be unanimous for criminal cases and must have a five-sixths majority in civil cases. Their verdict must be unanimous for criminal cases and must have a five-sixths majority in civil cases. Selection of Texas Judges Judges are selected: Judges are selected: By popular voteBy popular vote Gubernatorial appointmentGubernatorial appointment Local executive appointmentLocal executive appointment

Organization of Texas State Courts First Tier Local Trial Courts Justices of the peace try misdemeanors and civil disputes involving less than $5,000. Justices of the peace try misdemeanors and civil disputes involving less than $5,000. Municipal courts are found in more urban areas and hear criminal cases with fines under $2,000. Municipal courts are found in more urban areas and hear criminal cases with fines under $2,000. Second Tier County-Level Courts Constitutional county courts are established by the Texas constitution as courts of record. Constitutional county courts are established by the Texas constitution as courts of record. County courts of law handle minor criminal cases as well as civil matters such as probate. County courts of law handle minor criminal cases as well as civil matters such as probate. Third Tier General Trial & District Courts Trial courts hear the more important civil and criminal cases and exercise original jurisdiction. Trial courts hear the more important civil and criminal cases and exercise original jurisdiction. Fourth Tier Intermediate Appellate Courts Courts of appeals do not hold trials and are concerned with the correct interpretation of the law. Courts of appeals do not hold trials and are concerned with the correct interpretation of the law. Fifth Tier Highest Courts The State supreme court is the highest appellate court in civil cases. The State supreme court is the highest appellate court in civil cases. The court of criminal appeals is the last resort in criminal cases. The court of criminal appeals is the last resort in criminal cases. National Supreme Court Federal Supreme court can hear cases appealed from Texas’ highest courts. Federal Supreme court can hear cases appealed from Texas’ highest courts.

County Government Structure Typical County Government Structure

The Nation’s Counties A county is a major unit of local government in most States. A county is a major unit of local government in most States. The function of counties varies from region to region. The function of counties varies from region to region. They may share the functions of local government or be the major units of government for rural areas. They may share the functions of local government or be the major units of government for rural areas. Counties vary widely in area and population. Counties vary widely in area and population.

Council-Manager Form of City Government

Texas School Districts School districts are governed by an elected board of trustees with up to seven members, who are responsible for School districts are governed by an elected board of trustees with up to seven members, who are responsible for hiring and firing teachers;hiring and firing teachers; building new schools;building new schools; buying school supplies;buying school supplies; setting district school tax rates;setting district school tax rates; selecting a superintendent of schools to oversee the administration of policy.selecting a superintendent of schools to oversee the administration of policy. Schools are administered and funded by a separate governmental unit.

Services Provided by Texas State and Local Governments education; education; public welfare; public welfare; public safety; public safety; highways; highways; other services other services Texas State and local governments provide the following kinds of services:

Texas State and Local Services Selected Texas State and Local Spending

Sources of Revenue State and Local Revenue