texas government. state constitution basic principles protection of civil rights structure of...
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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