1. Speaker of the House
- Elected by majority leader
- Presides over floor debates
- Most powerful house member
- Current- Paul Ryan
2. Descriptive Representation
Congress should reflect our nation, demographic characteristics; congress should look like the people
3. The Texas legislature meets biennially (every other year) for
140 days from Jan to May in odd numbered years
4. The Major Roles of the Members of Congress
> Citizen Legislature- attempts to keep the role of a state legislator to part time function so that many or most citizens can perform it
> Professional legislature- meets annually, often for months of the year or more
> Hybrid Legislature- Texas is a hyb
5.Special Sessions
meetings of a legislature that occur at times other than those required by constitution or law, in Texas, special sessions are called by the governor and last for 30 days.
6. Standing Committees
permanent committee responsible for legislation in particular policy areas
7. Types of representation
> Policy representation- congressional work to advance issues and ideological preferences of constituents
> Allocative representation- congressional work to secure projects, services, and funds for represented districts i.e. sidewalks in Nac
> Pork Barrel
8. President Pro Tempore
Warren Hatch
9. Congressional Oversight
oversight by the United States Congress over the Executive Branch, including the numerous U.S. federal agencies. Congressional oversight includes the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation.
10. Typologies of State Legislatures
Major roles of members in congress are to draft legislation, gather/distribute info, provide oversight of exec agencies, and help advance electoral goals
11. Differences between house and senate
...
12. Checks and Balances between congress and presidents
congress checks president, president checks congress, and the courts check each other. Congress passes bills, president signs and vetoes, president execute laws and are in charge of administrating exec branch; congress exercises oversight of exec branch
14. Polarization
greater ideological differences between parties and increased ideological views. This weakens the possibility of bipartisanship
15. Delegate theory of representation
an elected official who acts as an agents of the majority that elected him or her to office and carries out, to the extent possible the wishes of the majority
16. Special Sessions
meetings of a legislature that occur at times other than those required by a constitution or law. Texas Special sessions are called by the governor and last for 30 days
17. Reapportionment
Redistribution of representation in a legislative body, especially the periodic reallotment of US congressional seats according to changes in the census figures as required by the Constitution.
18. Members in the HOR
435
20. Gerrymandering
The practice of incumbents creating very oddly shaped, electoral districts to maximize their political advantage in an upcoming election
21. Plurality winner
a type of election, which the candidate with the most votes wins the election.
23. Questions strategic politicians will ask
-Is this a district or state I can win?
-Can I beat my opponent?
-Can I get the funds necessary to run a winning campaign?
-How are the national tides running?
24. Qualifications necessary to serve in the United States House of Reps
- 25 years
- 7 years citizenship, in state residency
- 2 year term lengths
25. Special Legislative caucus
an organization of members of the state legislature who share common interests or has constituencies with common interests.
26. Difficulty for the parties to work together in congress
Organized along party lines, dems v republicans. Party is the mechanism for advancement in your party. Parties stand for different things. Therefore there is a rise in polarization and hyper partisanship
27. Majority leader in the US house of reps
Kevin McCarthy
29. Tactics that the minority may use to defeat a bill on the floor of the Texas Legislature
Quorum necessity, chubbing, filibuster
30.Rules Committee
a legislative committee responsible for expediting the passage of bills.
31. Conference committees
an official legislative work group that meets on a limited basis to reconcile the different versions of a bill that has passed in the Texas house and senate.
32. Policy Entrepreneurship
a business entrepreneur who seeks to gain profit through subsidies, protectionism, government contracts, or other such favorable arrangements with government(s) through political influence
33. Qualifications necessary to be a senator in Texas Senate
- 26 years
-state residency 5 years prior to election
- district res 1 year prior to election
34. Why the public dislikes congress
because they don't really do that much and are very slow, but we like our rep
35. Formation of party caucuses in the Texas House of Reps
-Structure the vote by building majorities with in party
-The majority party is likely to prevail
-Floor leaders track and build support
-Slow to form in house
37. Who holds power in Texas Legislature
lieutenant governor
38. Minority leader in the US Senate
Harry Reed
39. The congressional decision making process is
slow and deliberate
40. Impeachment
is a process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as criminal or civil punishment
41. Majority-minority districts
minority districts -is an electoral district, such as a United States congressional district, in which the majority of the constituents in the district are racial or ethnic minorities (as opposed to white non-Hispanics).
42. The US Congress can override a presidential veto with
2/3s majority
43. Chairs of the Texas Senates Committees
> Standing committee-permanent, chamber specific formal work group that typically exists across sessions and across elections
> Conference committee- see #31
> Select Committee or joint committee- a temporary legislative work group created by the lieutena
44. LBB (Legislative Budget Board)
the group that develops a proposed state budget for legislative consideration
45. Three types of special legislative caucuses in the Texas Legislature
-Minority and women's caucuses
-Ideological caucuses
-Issue caucuses
46. Casework
legislative work on behalf of individual constituents to solve their problems with government agencies and programs
47. Restrictions on redistricting found in the Texas Constitution
-1 person 1 vote
-Districts are drawn following each census
-Districts for the same institution must be of equal population
48. The Texas legislature is
bicameral legislature
49. Select Committees
a temporary legislative work group created by the lieutenant governor or speaker of the Texas house for a special purpose
50. Strategic Politicians
office seeker who bases the decision to run on rational calculation that he or she will be successful
1. Organizations in the exec office of the president are
Chief Admin, Commander in Chief, and Chief or foreign policy
2. Lieutenant Gov. of Texas
Dan Patrick
3. Congressional override of a presidential veto
2/3 majority in each house
4.The presidential cabinet
members that head the exec departments, cabinet members have own views and may not be loyal
5. Constitutional requirements for serving as the Texas governor
- 30 years min. age
- 5 years residency and a US citizen
6. The senate tries the president on
the articles of impeachment
7. Informal powers of the governor
-Popular mandates
-Political ambition ladder
-Personal future as governor
-Public performance ratings
8. Executive agreements
directives issues by the president to officers of the exec branch requiring them to take an action, stop a certain type of activity, alter policy, change management practices, or accept a delegation of authority under which the will henceforth be responsi
9. Impeachment
is a process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as criminal or civil punishment
10. Line Item Veto
the power of a president, governor, or other elected executive to reject individual provisions of a bill
11.Terms of service for Texas Govs
Terms were two years till 1972, now terms are four years, begin January after general election, no term limits.
12. First republican to win the governorship since 1876
Bill Clements
13. Inherent powers
powers not used explicitly in the constitution, but are implied by the powers that are granted, and have been supported to some extent, by the Supreme Court
14.Presidential power of persuasion
a presidents ability to convince congress, other political actors and the public to cooperate with administrator's agenda
15. The cycle effect
refers to the tendency for presidents to begin their terms of office with relatively high popular ratings
16. The Executive office of president was form to
-Designed to serve presidents interests and exert control over exec branch
-Office of management and budget
-National Security Council
-Council of economic advisors
17. Senatorial courtesy
a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state, especially from the senior senator of the president's party from that state.
18. The governor's legislative powers
-Maintains powerful checks over the judiciary membership
-Cover the judicial decisions
-Ceremonial duty
-Crisis manager
-Military roles
19. The governor's most significant appointment-
secretary of state
20.Soliciter General
Justice Department officer who argues government cases before the Supreme Court
21. Divided Government
is the term used in the USA to refer to the situation in which one party controls the presidency while the other party controls Congress. In other words, one party controls the executive while the other party controls the legislature.
22. The Chief of Staff
Denis McDonough
23. The Texas Constitution grounds for impeachment of the governor
high crimes and misdemeanors
24. Duties of the president of the US
- Commander in Chief
- Chief Administrator
- Chief Foreign Policy Maker
25. Head of Gov. vs. Head of State
> Head of Gov. - The political role of the president as a leader of a political party and chief arbiter of who gets what resources
> Head of State- the apolitical, unifying role of the president as a symbolic representative of the whole country
26. Executive Orders
are directives issued by the president to officers of the executive branch, requiring them to take an action, stop a certain type of activity, alter policy, change management practices, or accept a delegation of authority under which they will henceforth
27. President Envisioned by the Framers
They wanted a strong executive who could deal with emergencies, particularly those involving other nations, but who would not dominate the U.S. government.
28. Popular Mandate
the authority to make the decisions because they have been elected by the people to do so
29. Patronage
the power to control appointments to office or the right to privileges
30. The Role of the Vice President
Used to be chosen to balance ticket; had little real power. Recent vice presidents have had significant roles.
31. Constitutional Requirements for Serving as President
- Chosen by Electoral College
- Limited to two four-year terms in office (22ndAmendment)
- Natural-born citizen; resident for 14 years
- At least 35 years old
32. Plural Executive
allocates power diffusely.
33. State of the Union Address
speech given by the president to a joint session of Congress and to the nation announcing the president's agenda.
34. Presidential Pardons
release or excuse person from legal penalties of a crime
- Often controversial and done at end of term
35. What affects Presidential approval?
- Reelection
- Influence of legislation (going public)
- Combat media and legislative criticism
36. Chief Legislative Liaison.
directly responsible to the Secretary of the Army for legislative affairs, including formulating, coordinating, supervising, and executing the Army's Congressional policy and strategy.
37. Who elects the President?
Electors from the Electoral College.
38. First Female Governor of Texas
Miriam Amanda Wallace `Ma' Ferguson
39. President as the Head of Government
the political role of the president as leader of a political party and chief arbiter of who gets what resources.
40. When Texas Constitution requires the Governor to deliver the State of the Senate Address to the Texas Legislature
Once each year.
41. Vice President of the United States
Joe Biden
42. Line-Item Veto
a special form of veto that authorizes a chief executive to reject particular provisions of a bill enacted by a legislature without vetoing the entire bill.
43. The Line of Succession for Texas Governor
1. Lieutenant governor
2. President pro tempore of the Texas Senate
3. Speaker of the House
4. Attorney general
44. Impeaching a Governor (TX House of Representatives)
- House brings charges. Majority vote necessary
- The Senate tries the governor. Two-thirds vote necessary to convict
- The Constitution is silent on the causes for justification.
- James Ferguson (1917) was the only governor to be removed.
45. Presidential Honeymoon Period
Early months of presidential term.
46. Current Governor of Texas
Greg Abbott
47. Post-adjournment Veto
Veto after legislature ends session, preventing override
48. Treaties
a formally concluded and ratified agreement between countries. Must be approved by 2/3 of the US Senate.
49. Going Public
president's strategy of appealing to the public on an issue, expecting that public pressure will be brought to bear on other political actors
50. Board of Pardons and Paroles
decides which eligible offenders to release on parole or discretionary mandatory supervision, and under what conditions.
1. Texas Judicial System is Simple?
False. The Texas court system is more confusing than it needs to be.
2. Forms of Jurisdiction -
- Original
-Evidence establishes the court record
- Appellate
-Reviews the process in the original court
- Exclusive
- Held by a particular court to hear a specific type of case
- Concurrent
- Shared among different courts Notes
3. Tort
a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.
4. Concurring Opinion
a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for his or her decision.
5. Judicial Interpretivism
constitutional interpretation holding that judges must follow norms or values that expressly states or implies the language of the Constitution.
6. Number of Supreme Court Justices
9 Justices, but there hasn't always been that many.
7. Criminal Court of Appeals
- Nine judges, including a presiding judge elected in a partisan statewide election
- Statewide jurisdiction
- The highest court for criminal appeals
- The court is the final court of appeal for questions of state law and the state constitution.
- Hears a
9. Texas is in which Circuit
5th Circuit
10. Criminal Laws
Laws prohibiting behavior that the government has determined to be harmful to society, violation of a criminal law is a crime.
11. Texas's Highest Appellate Courts -
- Texas Court of Criminal Appeals
- Supreme Court
12. Administrative Laws
laws established by the bureaucracy, on behalf of congress
13. How Judges in Texas are selected
All judges in Texas, with the exception of municipal judges, are elected in partisan elections.
14. Judicial Review
the power of the Supreme Court of the United States to review actions taken by the legislative branch (Congress) and the executive branch (president) and decide whether or not those actions are legal under the Constitution. The court can nullify or invali
16. Appellate Jurisdiction
the power of a higher court to review decisions and change outcomes of decisions of lower courts.
17. Problems with the Texas Judiciary
- Lack of a coherent court structure with overlapping jurisdictions
- Judges with no legal training
- Justice for sale
18. Senatorial Courtesy
a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state, especially from the senior senator of the president's party from that state.
19. De Novo
When a court hears a case de novo, it is deciding the issues without reference to the legal conclusions or assumptions made by the previous court to hear the case.
21. Defendants
an individual, company, or institution sued or accused in a court of law.
22. Qualifications required to be a Texas District Court Judge
- Judges elected in partisan elections to four-year terms - At least 25
- Resident of Texas
- U.S. citizen
- Licensed attorney
- At least 4 experience as an attorney or judge
23. Judicial federalism
a system in which judicial authority is shared between levels of government
24. Precedents
a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases.
25. Considerations used by Presidents when choosing Supreme Court nominees
25. Considerations used by Presidents when choosing Supreme Court nominees -
1. Merit
2. Political ideology
- Strict constructionism vs. judicial interpretivism
3. Reward
4. Representation
- Region - Religion - Race - Gender
26. A Court's Jurisdiction
the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases.
27. Solicitor General.
Justice Department officer who argues government cases before the Supreme Court
28. A writ of certiorari
A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court.
29. En Banc
a session in which a case is heard before all the judges of a court (before the entire bench) rather than by a panel selected from them.
31. Original jurisdiction
refers to those cases that can come straight to it without being heard by an other court first
- Courts with original jurisdiction
- State trial courts
32. Characteristics of a case that determines which court has jurisdiction
1. Involvement of the federal government or Constitution
2. Types of parties (e.g., states) involved in the case
3. Where the case arose
4. Seriousness of the offense involved
33. Substantive Law - laws whose content, or substance, defines what we can or
35. Marbury vs. Madison
- The Court denies Marbury his commission.
- Judicial review never mentioned specifically in Constitution, it is established by invalidating congressional legislation.
- That is, Marshal expands the power of the Supreme Court!
- This power is used sparing
36. The Plaintiff
a person who brings a case against another in a court of law.
38. Burden of Proof in Civil and Criminal Cases
the threshold that a party seeking to prove a fact in court must reach in order to have that fact legally established.
39. Dissenting Opinions
the threshold that a party seeking to prove a fact in court must reach in order to have that fact legally established.
39. Dissenting Opinions - an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of
41. In Texas, how can judges be removed from office
- Lose election
- Remove for incompetence, official misconduct, or negligence
- Impeachment
42. Strict Constructionism
a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation.
43. The Common Law Tradition
a legal system based on the accumulated rulings of judges over time, applied uniformly across the land
- Primarily based on common law instead of civil law
- Rely on precedent (or stare decisis)
44. Qualifications required to be a Texas Appellate Court Judge
- At least 35
- Texas resident
- U.S. citizen
- At least 10 years experience as a lawyer or judge
45. Number of Judges on the Texas Supreme Court
Nine justices, including a chief justice
46. The Prosecutor in a Criminal Case
The Legal Party
47. Statutory laws
laws that legislatures make at either the state of the or the national level
48. Judiciary Restraint
a theory of judicial interpretation that encourages judges to limit the exercise of their own power.
50. Criminal Law vs. Civil Law -
Criminal laws: laws prohibiting behavior the government has determined to be harmful to society; violation of a criminal laws is a crime
Examples
Don't produce heroin
No loud rap music
Don't steal, the government doesn't like competition
Civil laws: laws