TERMS AND CONCEPTS. from. Government 2306: Texas Government UNIT ONE. Houston Community College. Professor Sutter

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1 TERMS AND CONCEPTS from BROWN, et. al, PRACTICING TEXAS POLITICS Government 2306: Texas Government UNIT ONE Houston Community College Professor Sutter Chapter 1: The Environment of Texas Politics Texas population as of 2010 census Texas rank among the states as to population size politics [Politics is also who gets what, when, where and how. Politics can also be described as the distribution of scarce resources within a given community. ] government public policy alien

2 political culture moralistic political culture individualistic political culture traditionalistic political culture Texas s political culture frontier experience government spending in Texas on social services and public education participation in politics and voting in Texas Jim Crow laws patron system Texas s social and economic conservatism physical size of the state of Texas the four land based industries that greatly influenced Texas s economic development: 1) cattle 2) cotton

3 3) timber 4) hydrocarbons (oil and natural gas) Spindletop Texas Railroad Commission growth of Texas population in every decade since 1850 the nation s most ethnically diverse city as of 2012 Texas s most populous county Texas s least populous county population shifts urbanization suburbanization metropolitanization racial categories and percentages of population in Texas as of 2010 U.S. Census report Anglo Anglo settlers in Texas by 1800

4 German immigrants and the Civil War majority-minority states in the United States by 2004 Latinos Latinos in the early 20 th century through the first world war in Texas Latinos in Texas after World War II Population of Latinos in Texas by 2010 and percentage of state s population African Americans African Americans in early Texas Mexico and slavery as of 1831 African American population size in Texas today among the states where do over half of the state s African Americans reside in Texas? first African American since Reconstruction to represent Texas in Congress Asian Americans size of Asian American population in Texas

5 from where have most of Texas s Asian Americans immigrated? where do most Asian Americans live in Texas? Native American Native American tribes before 1900 estimated number of Native Americans in Texas in 2010 for more than 50 years until the mid-1980s, what industry led Texas s industrial development? following the downturn of the oil and gas industry in Texas, how did the state develop an economically diverse economy? high technology high-tech jobs in Texas occupational structure of high tech firms biotechnology what does the biotech industry produce? Texas Workforce Commission agricultural production in Texas

6 Texas s gross income from agricultural products? where does Texas rank in gross income from agricultural products in the U.S.? changes in Texas farms and ranches North American Free Trade Agreement criticisms of NAFTA undocumented alien Immigration Reform and Control Act of 1986 anti-immigration controversy Bureau of Immigration and Customs Enforcement of the U.S. Department of Homeland Security what motivates masses of Mexican workers to come to the U.S.? role of U.S. businesspeople, farmers, and ranchers in U.S. in illegal immigration? water problems and Texas population growth Texas and the amount of hazardous waste generated EPA and coal-fired power plants endangered fish and wildlife in Texas

7 teacher shortage in Texas employers concerns over education of Texas workers poverty in Texas attitudes of Texans regarding social and economic needs of those in poverty where does Texas rank in the U.S. with regard to state governmental responses to poverty and social problems? Chapter 2: Federalism and the Texas Constitution Texas Constitution of 1876 federalism Tenth Amendment to the U.S. Constitution [reserved powers clause] national supremacy clause of Article VI of the U.S. Constitution Article I, Section 8 of the U.S. Constitution [the national governing powers]

8 the delegated powers of Article I, Section 8 [the reserved powers clause] implied powers seven guarantees to the states provided by the U.S. Constitution 1) [REGARDING WHETHER TEXAS CAN DIVIDE ITSELF INTO AS MANY AS FIVE STATES TODAY UNDER THE TERMS OF ITS ANNEXATION AGREEMENT WITH THE UNITED STATES: From the Texas State Library and Archives Commission ( Q: Can Texas divide itself into multiple states? In 1820, the Missouri Compromise had helped save the United States from splitting along sectional lines by defining where slavery could exist in the territory gained in the Louisiana Purchase. Specifically, slavery could exist south of the 36 30'N line of latitude, and no further west than Missouri. The territory claimed by Texas extended further north and west than the Missouri Compromise lines (well into present-day New Mexico and Colorado). In another compromise designed to overcome objections to annexation, the 1845 joint resolution that admitted Texas to the Union provided that Texas could be divided into as many as five states. Any states north or west of the Missouri Compromise lines would be free; in the others, a popular vote would determine whether slavery could exist. The power to create new states could be exercised only by Congress, with the consent of the affected state legislatures. Congress had a long precedent to follow in the creation of new states from territorial acquisitions. For example, the Northwest Territory eventually became ten different states, and the Louisiana Purchase eventually led to the creation of thirteen new states. In 1850, Southerners wanted to exercise the provision to create another slave state from Texas to balance the admission of California as a free state. In one of the provisions of the Compromise of 1850, Texas was instead given a payout of $10 million to give up its northern and western claims. A few years later, the Kansas-Nebraska Act repealed the Missouri Compromise and made the issue of the boundaries a moot point. Although in theory Texas could still be divided into multiple states, any possibility of carving additional states from Texas ended when the Civil War settled the question of slavery once and for all.] 2)

9 3) 4) 5) 6) 7) limits imposed on the states by the U.S. Constitution Article I, Section 10 of the U.S. Constitution Texas v. White (1869) why state legislatures cannot limit the number of terms for members of its state s congressional delegation prohibitions against states denying the right to vote U.S. Constitution s Fourteenth Amendment privileges and immunities clause and equal protection clause U.S. Constitution s Fourteenth Amendment due process clause incorporation doctrine

10 Article IV of the U.S. Constitution privileges and immunities clause full faith and credit clause same sex marriage and the full faith and credit clause Texas and same sex marriage Eleventh Amendment to the U.S. Constitution sovereign immunity reserved powers clause broad categories of the reserved powers clause: 1) police powers 2) taxing power 3) proprietary power 4) power of eminent domain states and elections state courts

11 public education prisons power of eminent domain in Texas the states and the federal commerce power United States v. Lopez (1999) federalism from 1865 to 1930 federalism after 1930 federal grants-in-aid devolution block grants renewed expansion of federal power over states under Pres. George W. Bush with No Child Left Behind Act of 2001 federal stimulus package under Pres. Barack Obama Texas and federalism threat of Texas succession

12 [REGARDING WHETHER TEXAS HAS THE RIGHT OF SUCCESSION UNDER THE TERMS OF ITS ANNEXATION AGREEMENT WITH THE UNITED STATES: From the Texas State Library and Archives Commission ( Q: Did the terms of Texas's admission to the Union include permission to withdraw if it found statehood not to its liking? It is said of Texas (and, occasionally, Vermont) that it received a letter or document of permission to withdraw from the Federal Union if it so chose. In the case of Texas, this permission is sometimes said to have been granted at the time of Texas's admission as a state. Other times it is said to have been included in the terms readmitting Texas to the Union after the Civil War. In fact, Texas received no special terms in its admission to the Union. Once Texas had agreed to join the Union, she never had the legal option of leaving, either before or after the Civil War. The early years of the United States had seen a great deal of debate over whether states could, in fact, legally withdraw from the Union. During the War of 1812 it was New England that wanted to secede from the rest of the country. Later, it was the Southern states. Secessionists argued that states were sovereign and had the right to withdraw from the Union. Opponents countered that the Constitution created a sovereign union that, once entered into, could never be broken. Eventually, the question was put to the test and settled permanently on the battlefields of the Civil War. The Presidential Proclamation declaring peace between the United States and Texas after the Civil War, dated August 20, 1866, states very clearly in the following passage that no state had the right to leave the Union (emphasis added in all capitals): And whereas, the President of the United States, by further proclamation issued on the second day of April, one thousand eight hundred and sixty-six, did promulgate and declare, that there no longer existed any armed resistance of misguided citizens, or others, to the authority of the United States in any, or in all the States before mentioned, excepting only the State of Texas, and did further promulgate and declare that the laws could be sustained and enforced in the several States before mentioned, except Texas, by the proper civil authorities, State, or Federal, and that the people of the said States, except Texas, are well and loyally disposed, and have conformed or will conform in their legislation to the condition of affairs growing out of the amendment to the Constitution of the United States, prohibiting slavery within the limits and jurisdiction of the United States; And did further declare in the same proclamation THAT IT IS THE MANIFEST DETERMINATION OF THE AMERICAN PEOPLE THAT NO STATE, OF ITS OWN WILL, HAS A RIGHT OR POWER TO GO OUT OF OR SEPARATE ITSELF FROM, OR BE SEPARATED FROM THE AMERICAN UNION; and that, therefore, each State ought to remain and constitute an integral part of the United States; On March 30, 1870, Congress passed the Act to admit the State of Texas to Representation in the Congress of the United States. Likewise, this act contains no language that would allow Texas to unilaterally withdraw from the United States.] what legal scholars say a constitution should do

13 length of the Texas Constitution of 1876 number of amendments to the Texas Constitution of 1876 why the Texas Constitution has so many amendments [Only 27 amendments have been added to the U.S. Constitution in its 224 year existence while 484 amendments have been added to the Texas Constitution in its 137 year existence.] [Statutory law is law made by the actions of a legislative body.] Most of the amendments to the Texas Constitution are essentially statutory and thus more closely resembles a code of laws rather than a fundamental instrument of government. What does it mean when it is said that the drafting and amending of a constitution is e ssentially political in nature? the constitutional history of Texas Constitution of Coahuila y Tejas of 1927 What happened on March 2, 1836, at Washington-on-the-Brazos? Following the defeat of Mexican troops at the Battle of San Jacinto in 1836, whom did Texans elect to serve as the President of the independent Republic of Texas? Constitution of the Texas Republic (1836) annexation of Texas into the United States in 1845

14 Who was President of the Republic of Texas when Texas was annexed into the United States? Texas Constitution of 1845 Texas secedes from the Union and joins the Confederate States Texas Constitution of 1861 Texas Constitution of 1866, the Reconstruction constitution treatment of former slaves under the Texas Constitution of 1866 Radical Republicans gain control of U.S. Congress following November 1866 election and results of that for Texas Texas Constitution of 1869 results from the changes brought by the Radical Republican controlled U.S. Constitution elements of the Texas Constitution of 1869 first Republican governor of Texas, E.J. Davis and his administration modern characteristics of Texas Constitution of 1869 oppositions of whites to Gov. E.J. Davis and the 1869 constitution centralized power of state government under 1869 constitution

15 Davis defeated and refuses to leave office; Democratic Gov. Richard Coke moves into second floor of Capitol while Davis refuses to leave first floor Texas Constitutional Convention of 1875 reaction to the Davis administration leads to dramatic changes in new constitution Texas Constitution of 1876 distrust of and hostility toward government infused in Texas Constitution of 1876 structural disarray and confusion of the Texas Constitution amendments used where legislation action should be, instead, used to resolve issues influence of special interests and lobbyists increased by the weakened government under Texas Constitution of 1876 [Amendments submitted to the voters of Texas are often confusing, complex, and, in some instances misleading.] constitution amendment election Texas does not allow voters an initiative power at the state level constitutional revision constitution revision convention

16 Constitutional Revision Commission selected and submits a proposed modernized constitution to the Texas legislature Constitutional Convention of 1974 primary reason convention failed to agree on proposed constitution Texas legislature submits constitutional revisions to Texas voters in the form of propositions in 1975 in low turnout, voters roundly reject the eight propositions [Then Governor Dolph Briscoe publically refuses to support the constitutional propositions which aided in their defeat.] later attempts at reform of Texas constitution in 1995 and 1998 and 1999 fail piecemeal revision 1979 amendments which voters approved and added three portions of the 1975 constitutional revision package (which three) Texas Bill of Rights constitutional rights against arbitrary governmental action [A state may grant its citizens additional rights beyond those guaranteed by the Bill of Rights of the United States Constitution; however, a state may not take away or limit any of the rights guaranteed to the citizens of the state by the Bill of Rights of the U.S. Constitution.] The Texas Constitution is more protective of certain rights than the U.S. Constitution is

17 Article III of Texas Constitution and the make-up of the Texas legislature Article IV of Texas Constitution: Governor is chief executive but shares executive power with lieutenant governor, attorney general, comptroller and Land Commissioner, all elected by the people of Texas as is the governor, hence governor shares executive authority [leading to the executive power of Texas government often called a plural executive ] Article V, Judiciary, creates bifurcated final appeals court level and the system of lower courts appellate and trial courts local government counties municipal government special district government school districts grassroots governments Chapter 3: Local Governments grassroots

18 Dillon s Rule Cooley Doctrine local governments are creates of state government [are not sovereign governments] [sovereign government] mandates on local government overlapping local government units intergovernmental relations what percentage of Texas live in cities? voter apathy in local government elections municipal (city) government two legal classifications of cities general-law cities home-rule cities how general-law cities operate

19 how home-rule cities operate city-charter population requirements for general-law cities population requirements for home-rule cities number of general-law cities in Texas number of home-rule cities in Texas principal advantage of a city incorporating itself as a home-rule entity ordinances three powers not held by the state government or general-law cities but may be exercised by home-rule cities initiative referendum four principle forms of municipal government in the U.S. and Texas most popular form of municipal government for home-rule cities in Texas most popular form of municipal government for general-law cities in Texas

20 why are there so many variations of the basic types of municipal government forms in cities throughout Texas? strong mayor-council form of municipal government where are strong mayor-council cities governments popular? what cities in Texas (of Texas s 25 largest cities) have strong mayor-council forms of city government? characteristics of Texas cities with the strong mayor-council form of municipal government: 1) 2) 3) 4) weak mayor-council form of municipal government in what type of cities is the weak mayor-council form of municipal government prevalent? council-manager form of municipal government characteristics of Texas cities with the council-manager form of municipal government: 1) 2)

21 3) in council-manager form, counsel makes policy decision for city, policies such as in council-manager form, city manager executes policy made by council how does council-manager form of city government operate, in theory common weakness of council-manager form to what groups is the council-manager form more responsive? commission form of municipal government Galveston in commission form of city government, municipal departments are supervised by whom? criticism of commission form of city government what cities in Texas operate under a pure commission form of city government? nonpartisan elections what type of election process is used in Texas for municipal elections? redistricting

22 city council districts and population size of those districts at-large election single-member district election cumulative voting term limits and municipal offices Annise Parker what effect has increasing urbanization, education, and economic development had on Texas? what Texas city has long had Texas s most diverse local political system? Ron Kirk Julian Castro basic public services provided by municipal government zoning only city among Texas s 10 largest municipalities without zoning ordinances other services that many cities have added to basic services over time in Texas Texas cities two largest sources of tax income

23 regressive tax property tax in Texas optional 1.25% to 2% sales taxes for Texas municipalities how does the sales tax work for the state and for local governments? municipal fees capital improvements municipal bonds property taxes and local governments property tax exemptions tax reinvestment zones county county government in Texas purpose of county government in Texas

24 [counties in Texas are created directly by the Texas Constitution and the Texas legislature; municipalities, as stated earlier, are created by vote of the people of a community under the auspices of the general laws of the State of Texas] number of counties in Texas activities of county government in Texas rural versus urban county government in Texas governmental structure of county government in Texas is there a structural difference between county government in rural areas and urban areas? Texas Constitution provides for election of what officers in a county government? partisan election and Texas county officials term of office for elected county officials formal authority of supervision over elected county offices are in the hands of what official(s)? commissioners court in Texas what elected officials serve on the five member commissioners court? county judge county commissioner

25 general functions of county commissioners court in Texas (and why the name commissioners court is a misnomer) commissioners court s major functions: 1) 2) 3) 4) 5) county services in unincorporated communities county services in rural areas individual duties of county commissioners duties of county judge county attorney district attorney county sheriff

26 judicial role of county judge [county court level courts handle misdemeanor cases (e.g., DWI, drunk in public, theft under $750 value, etc.) and mid-range civil cases] [the county judge, along with his administrative role on commissioners court, is the judicial figure over the constitutional county court (i.e., court created by the Texas constitution); i n larger, urban counties, the administrative function of the county judge required he/she spend more time on that function, so the Texas legislature creates county courts to handle the county court function (i.e., created by the Texas legislature, so called statutory county courts; also known as county-courts-at-law); judges sitting on the county-courts-at-law statutory county court district clerk maintains records for district courts, civil and criminal, in a county (does NOT maintain records for county courts as book states) justice of the peace (JP) number of possible JP precincts in a county constable county clerk maintains vital in the county for the state (e.g., birth records, death records, marriage records, property purchases), maintains records of the county-courts-at-law (civil and criminal) or the constitutional county court if the county judge exercises that constitutional function, maintains records of the commissioners court, may administer elections (unless the county has an appointed elections administrator) tax assessor-collector county tax appraisal district

27 county treasurer county auditor what tax is the most important form of revenue for a county in Texas? Texas counties and sales taxes county fees bonds tax abatements financial problems for county government in Texas special district government independent school districts board of trustees Texas Education Agency funding for public schools in Texas only form of local tax revenue for Texas public schools junior college or community college districts

28 elected boards and their role for junior and community college districts noneducation special districts why Texas has so many special districts: 1) 2) 3) [municipal utility district (MUD)] a noneducation special district created for a subdivision by a developer in an unincorporated area to provide water and sewage services to homes in the development; water and sewage services are usually provided by municipal governments, but these suburban developments on the outskirts of cities in unincorporated areas would not have water and sewage service but not for the MUDs; when the subdivision is incorporated into a city, the city takes over the water and sewage services after the bond for the development of the original water and sewage utility is paid off by homeowners in the given MUD] how are special districts usually governed mass transit authorities metro government counsels of government (COGs) municipal annexation law extraterritorial jurisdiction (ETJ)

29 annexation principal reason most cities (including Houston) annex undeveloped areas communities avoiding annexation