Government

This Week: Principles of Government U.S. Constitution and the Texas Constitution State, County, and Municipal Levels of Government Voting and Elections Your responsibility as a citizen Who represents you?

1. The Texas Constitution was based on the U.S. Constitution. 2. Both the U.S. Constitution and the Texas Constitution created a form of government that has three branches of government. 3. The supreme law of the land is the Texas State Constitution 4. The Federal Government does not include Texas. 5. Public education is a power reserved for state governments. YES or NO

6. The Legislative Branch in both constitutions executes the law. 7. Only the U.S. Constitution has a Bill of Rights. 8. The Executive Branch in both constitutions designates an elected leader to lead the nation and state. 9. Only the U.S. Constitution includes a Supreme Court. 10. Only the U.S. Constitution allows for impeachment proceedings against an elected official. YES or NO

Why did the Republic of Texas constitution reflect the principles and form of government of the United States? Which Texas Constitution do we follow today? 1836; 1845; 1876

Democracy A government by the people Rule of a majority Representation Elections Example: United States BrainPop - Democracy

Basis Principles of Democracy The current Texas constitution (1876) was the fifth constitution Texas has had a state Reflects the six principles found in the U.S. Constitution –Popular sovereignty, limited government, separation of powers, checks and balances, federalism, and protection of individual rights

Popular Sovereignty Principle of government that all political power comes from the people The people have the power Texas Constitution states, “All political power is inherent in [natural to] the people, and all free governments are founded on their authority, and instituted [created] for their benefit.” Constitution = people’s document Both U.S. and Texas

Republic Government in which power comes from the people and power is exercised by elected officials according to set laws Democracy Both U.S. and Texas

Limited Government Principle of government in which power is limited by set laws, such as those in a constitution The Texas Constitution restricts government power Protects Texans’ individual rights Example: the state can not take away Texans’ right to free speech Both U.S. and Texas

Separation of Powers Principle of government in which powers are divided among different government branches To prevent one branch from becoming too powerful Article II of the Texas Constitution Both U.S. and Texas

Legislative Branch Makes laws House of Representatives Senate Both U.S. and Texas

Executive Branch Executes (carries out) the laws President – national Governor – state BrainPop – Presidential Power Both U.S. and Texas

Judicial Branch Interprets laws Court System Supreme Court BrainPop – Branches of Gov’t Both U.S. and Texas BrainPop – Supreme Court

Branches of State Government L = Legislative = creates laws; Senate; House of Representatives E = Executive = carries out laws; governor J = Judicial = interprets laws; courts

Checks and Balances Governmental arrangement by which each different branch has the power to check, or restrict, the power of the other branches This prevents one branch from controlling the government Example: The governor can check the legislature by rejecting a proposed law (veto). The legislature can check the governor with an override (reversal) of a veto. Both U.S. and Texas

Federalism System of government that balances powers by distributing them between one central and many regional governments U.S. Constitution: divided authority between federal government and state government Examples: Only the Federal government can coin money. Only state governments cane establish public school systems. Some powers are shared, such as collecting taxes. Both U.S. and Texas

Individual Rights A personal liberty and privilege guaranteed to U.S. citizens by the Bill of Rights Article I of the Texas constitution provides a bill of rights U.S. Bill of Rights served as a model Both U.S. and Texas

Bill of Rights Sections 3 and 3a -- Texans have equal rights Sections 4 through 7 -- protects Texans’ freedom of worship Section 8 -- freedom of speech and press Section Texans can freely assemble

Influence THE TEXAS BILL OF RIGHTS PurposeExamples freedom of speech freedom of the press freedom of worship right to a trial by jury outlines Texans’ civil liberties, or individual rights, that the state government promises to protect U.S. Bill of Rights

Constitution The system of fundamental (basic) laws and principles that sets the nature, functions, and limits of a government Amendments: additions, changes, and corrections to a constitution Texas Constitution: about 400 amendments U.S. Constitution: 27 amendments 1917, 1919, and 1974 – efforts to change the state constitution entirely Both U.S. and Texas BrainPop – U.S. Constitution

The Texas Legislature

Bicameral Legislature Having two legislative houses House of Representatives and Senate Texas –House: 150 members; 2 year terms Each House member represents about 135,000 Texans –Senate: 31 members, 4 year terms Each senator represents about 655,00 Texans

Legislators requirements Residents of their district for at least one year Representatives –At least 21 years old –Texas citizen for two years Senators –26 years old –Texas citizen for five years

Legislative duties and powers Make laws “power of the purse” Spend and borrow money Laws that raise money must originate in the House Can propose constitutional amendments Power to impeach (House, then Senate) Sessions – second Tuesday of January in odd-number years (140 days)

How a Bill Becomes a Law in Texas Bill – proposed law Leader of House: Speaker Leader of Senate: lieutenant governor Conference committee --- works to revise the bill to satisfy both houses Page 646 BrainPop

House of Representatives TEXAS LEGISLATURE Senate Leader: Members: Term of Office: Powers and Duties: Leader: Members: Term of Office: Powers and Duties: make laws propose constitutional amendments may bring impeachment charges against and vote to impeach judges and executive officials Speaker of the House 150 representatives two years lieutenant governor 31 senators four years make laws propose constitutional amendments must approve all executive appointments may try and convict officials impeached in the House

The Texas Executive

The Governor Article IV Elected every 4 years Even numbered years Texas Constitution does not limit the number of years a governor can serve Requirements –30 years old –U.S. citizen –Lived in Texas for at least five years –$115,000 salary; a house, a staff, and money for job-related expenses

The Powers and Duties of the Governor Management of the state Oversees state’s agencies, boards, and commissions and appoint officials to these agencies The Senate must approve appointments The governor has the power to remove officials with approval from the Senate 1876 Constitution limits governor’s power

The Powers and Duties of the Governor Governor’s role as “first citizen” of the state Guide the state into the future Submits budget to legislature Legislature has more power Can call special sessions of the legislature Line-item veto – legislative check; governor can delete specific parts of budget bills Appoint judges Can pardon people convicted of crimes Commander in chief of the state’s military Can mobilize the Texas National Guard in times of crisis Can declare martial law

Executive Officials and Agencies Not appointed by governor Lieutenant governor Attorney general Comptroller of public accounts Commission of agriculture Texas Railroad Commission

TEXAS GOVERNOR Selection Term of Office Qualifications Primary Powers and Duties Other Powers and Duties elected in even-numbered years that do not have presidential elections four years, with no term limit at least 30 years old, U.S. citizen, Texas resident for at least five years immediately before the election. oversees many state agencies, power to appoint and remove officials to some state agencies (with Senate approval), can issue proclamations, “first citizen” of Texas, state political leader makes biennial budget proposal and “State of the State” address, can veto bills and exercise a line-item veto in appropriation bills, can call special sessions of the legislature and set the agenda, can appoint judges to fill vacancies, and can pardon criminals, call out the National Guard, and declare martial law

The Texas Judiciary

Judges and Courts Article V Either serve four year or six year terms All judges must be U.S. citizens and residents of Texas Can be removed (by legislature, governor, or Texas Supreme Court)

Judges and Courts Civil law cases – legal disputes between individuals Criminal law cases – brought by the government against persons accused of crimes Misdemeanors – minor crimes (littering, speeding) Felonies – major crimes (robbery, murder)

The Structure of the Texas Courts Trial courts – hear new cases and give a verdict or ruling Municipal courts and justice of the peace courts (misdemeanor cases) County courts District courts – felony cases Appellate courts – review trials to determine whether correct procedures were followed Supreme Court and Court of Criminal Appeals Judicial review – the power to judge the constitutionality of a law

Texas Judicial System Supreme Court/Criminal Appeals Courts of Appeals Districts Courts Regular and Special County Courts Municipal Courts and Justice of the Peace Courts

The Jury System TEXAS JURY SYSTEM Importance Petit Jury Grand Jury fulfills the right of all Texans to a trial by jury, as guaranteed in the Texas Bill of Rights decides the verdict in a trial decides whether a person accused of a felony should be indicted

The State Budget and Public Education

The State Budget Texas uses a biennial, or two-year, budget Office of Budget and Planning – executive branch Legislative Budget Board – nine senior legislators and the lieutenant governor Appropriation bill – spending bill Texas constitution requires a balanced budget Education and Health/Human Services receive the most funding

Revenue Government income State: –Sales taxes on all items bought except for food Local: –Property taxes –Taxes on local services –Federal grants –State

Revenue and Spending Used to build highways, pay state employees, and provide many other public services

Texas Public Education Article VII: “an efficient system of public free schools” States are responsible for public education The State Board of Education was created in The Texas Education Agency (TEA) was created in the 1970s to monitor desegregation of school districts. Schools districts are governed by their own elected board of trustees The school board appoints a superintendent to be the chief administrator of the schools within the district.

STATE ADMINISTRATION Texas legislature: Texas Board of Education: Texas Education Agency: LOCAL ADMINISTRATION independent school districts: school boards: superintendents: TEXAS PUBLIC SCHOOLS sets education policy and reviews textbooks; 15 elected members puts education policy into effect; directed by an appointed commissioner of education run schools locally govern the school districts; duties include selecting textbooks and setting property tax rates run the day-to-day business of the school district; hired by the school board passes laws governing public schools

Review How was the Texas Constitution influenced by ideas found in the U.S. Constitution? Why do you think the two documents have similarities? What are some of the advantages and disadvantages of having a weak governor? Name the public service that you think should receive most state funds. Give three reasons to support your choice.

1. The Texas Constitution was based on the U.S. Constitution. 2. Both the U.S. Constitution and the Texas Constitution created a form of government that has three branches of government. 3. The supreme law of the land is the Texas State Constitution 4. The Federal Government does not include Texas. 5. Public education is a power reserved for state governments. YES or NO

6. The Legislative Branch in both constitutions executes the law. 7. Only the U.S. Constitution has a Bill of Rights. 8. The Executive Branch in both constitutions designates an elected leader to lead the nation and state. 9. Only the U.S. Constitution includes a Supreme Court. 10. Only the U.S. Constitution allows for impeachment proceedings against an elected official. YES or NO

Local Government and Citizenship

1. How many counties are in Texas? Does each county have its government? 2. What is the Bill of Rights? Does the Texas Constitution contain a bill of rights? 3. Why is freedom of press and freedom of speech important? 4. What are the responsibilities of citizens? 5. What are the requirements that you have to meet in order to vote? 6. What characteristics would you look for when selecting a leader?

County Governments 254 counties counties are divided into 4 precincts, or county subdivisions, and votes in each precinct elect a county commissioner voters countywide elect a county judge these elected officials serve 4 year terms and make up the commissioner’s court that governs the county

County Governments The judge directs the meetings address county budget and local issues set county property tax rate bonds for projects does not handle legal cases

County Governments Other officials at the county level –sheriff - police protection and county jail –county attorney –justice of the peace - minor criminal and civil cases –county clerk - records –county treasurer –county tax assessor-collector – –

Municipal Governments 85% of Texans live in urban areas mayor-council government -- voters elect a mayor and a city council to directly run the government council-manager government -- voters elect a mayor and members of a city council; city manager (hired professional)

Municipal Governments commission plan -- (Galveston Plan) voters elect 5 to 7 commissioners to serve on a city council; each commission supervisors a city department; difficult to reach citywide goals, no true commissioner governments today in Texas page 664

Municipal Governments Two types of municipalities in Texas municipalities with more than 5,000 = home-rule charters - allows citizens to choose among the three forms of municipal government small towns and cities = general-law cities - operate under the general law of the state; charter outlining the form of government they use

Municipal Governments City governments raise revenue from bonds and property/sales taxes government uses this money to provide services such as police, fire protection, garbage collection, parks special districts (ex. school districts) - are the most numerous forms of local government

Municipal Level of Government Structure –Mayor, city council, and Justice of the Peace elected by the citizens –City manager, appointed by city council, runs everyday city functions –Local appointed law enforcement enforces laws –Responsibilities include police, fire, utilities, roads, and parks.

County and State Levels County –Texas is organized into 254 counties, which are divided into precincts run by a commissioner –County judge, county clerk, county treasurer, county sheriff State –Three branches of government Executive – governor Legislative – House of Representatives and Senate Judicial – supreme Court and district courts

Bill of Rights Government document that outlines the civil liberties, or individual rights, that a government promises to protect The Texas Bill of Rights begins by stating that Texas is an independent state and it recognizes the U.S. Constitution as the only higher legal authority BrainPop –Bill of Rights

Bill of Rights Sections 3 and 3a -- Texans have equal rights Sections 4 through 7 -- protects Texans’ freedom of worship Section 8 -- freedom of speech and press Section Texans can freely assemble

Freedom of Speech and Press Freedom of Speech allows citizens to express their opinions about the government Freedom of the press allows citizens to be informed about what happens in their local, state, and national governments. Magazines and newspapers Slander (false statement that damages a person’s reputation) is not protected Libel (false written statement) is not protected

Protection of the Accused Due process - safeguards that require the government to take certain legal actions before it can seize a person’s property or punish a person Section 9 through 16 of the Texas Bill of Rights bail

Other Rights Eminent domain -- taking land for public use; the property owner must be paid for the land Texans cannot be jailed for unpaid debt Texas Bill of Rights onlineTexas Bill of Rights

Citizenship The status of a citizen; with duties, rights, and privileges U.S. citizens have the right to vote and to run for government office Naturalized citizens responsibilities: obeying the law; can be punished even if the person is unaware of the law public service paying taxes voting

Elections A voter must be a U.S. citizen and 18 years old voter registration primary elections -- to decide who will represent the party in later elections runoff election -- if no one receives over 50% in a primary election

Elections General Elections -- decides who wins a particular state or local office; parties compete special election -- when a vacancy occurs

Elections direct democracy -- voters decide issues directly rather than going through their representatives –referendum -- allows citizens to vote on public issues such as constitutional amendments –recall -- gives voters the chance to remove a local official from office BrainPop – Voting Primaries and Caucuses

Political Parties Organize to nominate and elect government officials and to shape government policy political participation is an important duty of citizens in a democracy delegates platform -- stated goals

Two major political parties in Texas and the U.S. -- Democratic Party and the Republican Party the Democratic Party dominated Texas politics for about 100 years after Reconstruction late 1970s and the election of Bill Clements (governor), Republicans have held many statewide offices Texas has become a two party state Political Parties

Political parties tend to disagree with each other on political issues example: education, environment Political Parties BrainPop – Political Parties; Political Party Origins; Political Beliefs

Interest Groups and PACs Interest groups -- try to affect decision made by those in government lobby -- persuade; interest groups try to lobby public official to support their group’s goals political action committees (PACs) -- groups that raise and spend money for a candidate

Leadership Qualities Honesty, fairness A sense of justice Responsibility Sense of humor Ability to communicate Ability to work with both parties Ability to compromise and persuade Compassionate intelligent

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