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?
YES or NO
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.
• 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
Both U.S.
and Texas
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 –
Supreme Court
BrainPop –
Branches
of Gov’t
Branches of State
Government
• L = Legislative = creates laws; Senate;
House of Representatives
• E = Executive = carries out laws;
governor
• J = Judicial = interprets laws; courts
Both U.S.
and Texas
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
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 27 -- Texans can freely
assemble
Influence
U.S. Bill of Rights
THE TEXAS BILL OF RIGHTS
Purpose
outlines Texans’ civil
liberties, or individual
rights, that the state
government promises
to protect
Examples
•
•
•
•
freedom of speech
freedom of the press
freedom of worship
right to a trial by jury
Both U.S.
and Texas
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
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
TEXAS LEGISLATURE
Senate
House of Representatives
Leader: Speaker of the House
Members: 150 representatives
Term of Office:
two years
Powers and Duties:
Leader: lieutenant governor
Members: 31 senators
Term of Office:
four years
Powers and Duties:
• make laws
• propose constitutional
amendments
• may bring impeachment
charges against and vote
to impeach judges and
executive officials
• 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
elected in even-numbered years that do not have presidential
elections
Term of Office
four years, with no term limit
Qualifications
at least 30 years old, U.S. citizen, Texas resident for at least
five years immediately before the election.
Primary Powers
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
and Duties
Other Powers
and Duties
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
fulfills the right of all Texans to a
trial by jury, as guaranteed in the
Texas Bill of Rights
Petit Jury
Grand Jury
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
1929.
• 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: passes laws governing public schools
• Texas Board of Education: sets education policy and
reviews textbooks; 15 elected members
• Texas Education Agency:
puts education policy into effect;
directed by an appointed commissioner of education
LOCAL ADMINISTRATION
• independent school districts: run schools locally
• school boards: govern the school districts; duties include
selecting textbooks and setting property tax rates
• superintendents:
run the day-to-day business of the school
district; hired by the school board
TEXAS 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.
YES or NO
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.
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
– http://www.co.camp.tx.us/ips/cms/index.html
– http://www.county.org/counties/gov_week/
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
• http://www.pittsburgtexas.com/
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 27 -- 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 online
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
BrainPop –
Voting
Primaries and
Caucuses
• 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
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
Political Parties
• 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
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
•
•
•
•
•
•
•
•
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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
• http://www.pittsburgchamber.com/elec
ted_officials.php