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Texas Government
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State constitution Basic principles Protection of civil rights Structure of state government Powers of the branches of State government Process of constitutional change
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Texas Constitution One of the longest with 390 amendments It is about 2.5 times longer than the average state constitution
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Amendments Amendments can be proposed by: 1) Constitutional Convention 2) Legislature 3) Voters
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Ratification All State amendments can be ratified by a vote of the people
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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.
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Popular Sovereignty The people are the sole source of the government's power.
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Limited Government Powers given to the government are limited
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Initiative Process by which the voters sign a petition favoring a proposal
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Texas State Legislature
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Qualifications for State Legislature Age: representative:21 senator: 26 Citizenship representative:2 years senator: 5 years Residence representative: 1 year senator: 1 year
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State Legislatures Terms: 2 for house 4 for Senate
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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
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Non-legislative functions 1) executive: approve governor's appointments 2) Judicial impeachment 3) Constitution: Constitution-making and amending
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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
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Constituent Power Constitution-making power
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Police Power State's power to protect and promote public health, safety, morals and welfare
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Referendum Process by which a legislature sends bills to the electorate for approval
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The Governor Qualifications: 1) 30 years old 2) 5 years Selection: popular vote Term: 4 years Pay: $115,000 Succession: Lieutenant Governor Removal: impeachment
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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
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Legislative powers 1) Recommend legislation 2) Call special sessions of legislature 3) Veto bills
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Judicial powers 1) Pardons- release person from crime 2) Commute- reduce sentence of criminal 3) Reprieve- postpone execution 4) Parole- release a prisoner
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Constitutional law The body of law based on the United States and State constitutions and judicial interpretations of them
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Statutory Law The body of laws based on statutes enacted by legislative bodies
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Administrative Law Rules, orders, and regulations issued by executive branches of government
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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
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Equity Body of law that provides remedies for wrongs before they occur This is used to prevent crimes or situations
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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
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Civil law Disputes between individuals and between individuals and government
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Grand Jury Determines whether the facts of a case warrant bringing a criminal case to trial
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Petit Jury Selected from lists of registered voters and licensed drivers.
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Justice of the Peace Usually hears only misdemeanor cases Also performs marriage ceremonies- nonreligious
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Municipal Court Hears criminal cases which the fines are less than $2000 Traffic violations are a majority of the workload
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Juvenile Court Only hears cases involving young people under the age of 18
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General Trial Court Hears most of the important civil and criminal cases Exercises original jurisdiction
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Immediate Appellate Court Reviews cases in lower courts Has the ability to reverse decisions made
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State Supreme Court The State's highest appellate court in civil cases
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Court of Criminal Appeals The State's highest appellate court in criminal cases
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Warrant A court order authorizing an official action
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Preliminary Hearing First step in a major criminal prosecution Determines if actual case will go to trial
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Appellate Jurisdiction Courts that reviews cases that have already been heard in another court
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