Federalism: Part 3

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Federalism: Part 3
Course
Principles
of GPA
Rationale
The Texas State government is large and complex. Understanding its infrastructure
is an imperative part of successful Government and Public Administration careers.
Unit IV
Federalism
Objectives
The student will be able to:
1. Compare the structure and functions of the Texas state government to the
federal system
2. Analyze the structure and functions of local government
Essential
Question
What are
the
functions
of the
Texas
State
governmen
t system in
compariso
n to the
federal
system
and the
local
systems?
TEKS
§130.182(c
)
(10)(G)(H)
Prior
Student
Learning
Federalism
:
Part 1 and
Federalism
:
Part 2
Estimated
Time
30 to 45
Engage
Can Texas secede? In response to the overwhelming spending by the national
government, many Texans have said that Texas should become an independent
republic. Lead a class discussion on whether or not students think Texas should or
can secede from the union. Use the Discussion Rubric for assessment:
Note: for sample news articles do an Internet search for the following:
 Texas secession facts
 Governor says Texans may want to secede from union
 Gov. Rick Perry: Texas could secede, leave union
 Texas secession comes to supreme court, in a way blog
Key Points
I. Texas state government
A. Structure – the division of power and structure of the state government are
determined by the state constitution
1. Legislative – bicameral
a. Senate
i. 31 members elected to 4-year terms
ii. One senator from each Senatorial District
b. House of Representatives
i. 150 members elected to 2-year terms
ii. Number of representatives based on the population of the
county
2. Executive
a. Governor – elected to a 4-year term
i. Chief executive officer
ii. Commander-in-chief of state military forces
iii. Executes state laws
iv. Conducts business with other states and the U.S.
b. Lieutenant governor – elected to a 4-year term
i. President of the Senate with the power of the casting vote
ii. Serves in place of the governor if the governor becomes
unable to serve
c. Secretary of state – appointed by the governor with consent of
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minutes
the Senate
d. Comptroller of public accounts (treasurer)
e. Commissioner of the general land office
f. Attorney general
i. Represents the state in all suits and pleas
ii. Verify the charter rights of private corporations
3. Judicial – interprets and applies state and local laws
a. State Supreme Court
b. Court of Criminal Appeals
c. Court of Appeals
d. District courts
e. County courts
f. Commissioners courts
g. Courts of Justices of the Peace
h. Other courts as established by the state legislature
B. Functions of the state government
1. Regulate corporate practices, interest rates, and exams for doctors
and other professionals to obtain licenses
2. Protect consumers from unfair and deceptive trade practices
3. Protect workers by regulating safety and sanitary conditions of
factories, including providing workers’ compensation and
unemployment
4. Business development to attract new businesses and industry
5. Pollution control and conservation of natural resources
6. Protecting life and property through state criminal laws, police forces,
and criminal corrections
7. Health, education, and welfare programs
II. The structure and function of the U.S. federal government compared to the
Texas state government
A. Both have three branches to maintain a balance of power
1. Bicameral legislative branch – Senate and House – the lawmaking
body
2. Executive branch – chief executive officer (president and governor) –
charged with executing the law
3. Judicial branch – interpreting and applying laws
III. Local government
A. Not mentioned in or created by the U.S. Constitution
B. Created by individual states, and can be abolished by the state
C. Can act only because the state that established it authorizes its power
D. Structure
1. County government – more than 3,000 in the U.S. today, county
government exists largely to serve the administrative needs of the
state
a. The number and structure of county governments per state
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ranges from none in Connecticut and Rhode Island to more than
250 in Texas
b. Most typically have four major elements:
i. Governing body – usually popularly elected with terms
from two to five years, holding both executive and
legislative powers
ii. Boards or commissions
iii. Appointed bureaucrats
iv. A variety of elected officials
2. City or municipal government – acts as an agent of the state in
providing law enforcement and public health; however, cities must be
incorporated by a state and are usually incorporated principally for
the convenience of the people who live there
a. Based on a charter, which names the city, describes its
boundaries, and declares it to be a municipal corporation, giving
it the right to sue and be sued, make contracts, and acquire,
own, manage, and dispose of property
b. The charter also provides how and for what terms its officers are
to be chosen, outlines their duties, and deals with finances
c. Forms of city government
i. Mayor-council – an elected mayor is the chief executive
with an elected council as his or her legislative body
ii. Commission – three to nine (usually five) commissioners
are popularly elected, forming the city council; they pass
ordinances, and control the budget
iii. Council-manager – modification of the mayor-council form,
which includes a strong council of five to seven members
elected at large on a nonpartisan ballot, a weak mayor
chosen by the voters, and a manager, called the city’s
chief administrative officer, appointed by the council. The
council is the city’s policymaking body; the manager
carries out the policies the council makes
3. Special districts – independent units created to provide particular
services in a wider or smaller area than that covered by a county or a
city
a. Found most often in rural and suburban areas
b. Might be created to handle pollution in several counties or to
provide fire protection in out-of-the way areas, or soil
conservation or reforestation
E. Functions
1. The county government is responsible for the administration of state
laws:
a. Levy taxes, assess property taxes, and appropriate funds
b. Manage county courthouses, jails, etc.
c. Administer welfare
d. Conduct elections
3
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e. Build and repair roads, bridges, drains, and schools
f. Record deeds, mortgages, marriage licenses, and hunting and
fishing licenses
2. City government
a. Fund public education through local taxes, especially property
taxes, with aid from the state government
b. Provide water, sewers, waste removal, street and traffic
regulation, public health services, and recreational facilities
c. Provide fire and police protection
d. Build and maintain hospitals, airports, public markets, sports
arenas, etc.
e. Plan city growth and zoning
Activities
1. Structure of the Texas State Government – have students complete the
Structure of Texas State Government worksheet which explains the organization
of power for the three branches of government in the state of Texas. Use the
Structure of Texas State Government worksheet Key for assessment.
2. Case Law Activity – Tiffany Caldwell v. State, Tonya Caldwell v. State and
Connie Caldwell v. State. These cases were heard by the Texas Supreme Court
after which all the defendants were found guilty of Child Neglect, Abandonment
and Endangerment, as well as possession of illegal drugs. This case was
appealed to the Texas State Court of Appeals. The defendants argued that the
evidence of the case was obtained illegally by the local law enforcement and the
search was considered to be unconstitutional. After reading through the
materials of the case (see the link below) have students decide whether or not
the defendants are guilty or innocent due to an improper search and seizure.
After deciding guilt or innocence, students will write an “opinion” as if they were
a justice on the Texas Supreme Court. Use the Writing Rubric for assessment.
 http://www.dallasbar.org/sites/default/files/case_summary_2011.pdf
3. Urban Planning – students will work in teams of five to create a city that would
be able to sustain at least 100,000 people. Students will design the zoning for
neighborhoods, hospitals, local businesses, and government buildings, as well
as determine the services that will provided by the government. Government
services can include departments like public health services, parks and
recreation, waste management, etc. Students should be able to identify where
the funding for government buildings and programs comes from and how much
each department will receive. Groups will have the opportunity to present their
proposed city plan to the class. Use the Presentation Rubric for assessment.
Assessments
Federalism: Part 3 Quiz and Key
Discussion Rubric
Presentation Rubric
4
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Summary Rubric
Writing Rubric
Materials
Federalism: Part 3 computer-based presentation
Federalism: Part 3 Key Terms
Structure of Texas State Government worksheet
Computers with Internet access
Computer-based presentation software
Resources
9780133656329, Macgruder’s American Government, McClenaghan, W., Pearson,
Prentice Hall, 2008.
9780078799822, United States Government: Democracy in Action, Remy, R.,
McGraw Hill, Glencoe, 2010.
Texas Constitution and Statutes website. Retrieved from:
http://www.constitution.legis.state.tx.us/
http://www.dallasbar.org/sites/default/files/case_summary_2011.pdf
Do an Internet search for the following:
 Texas secession facts
 Governor says Texans may want to secede from union
 Gov. Rick Perry: Texas could secede, leave union
 Texas secession comes to supreme court, in a way blog
Accommodations for Learning Differences
For reinforcement, Students, (in groups) will research problems facing local
governments and the various methods being used by local governments to correct
them:
 Crime/Drug abuse
 Infrastructure
 Lack of education
 Unemployment
Work with a partner to create a proposal on how to address one of the above
issues. Present the issue in the form of a computer-based presentation. Make sure
students use a variety of resources and cite their data. Consider having the
students create a criteria chart for their computer-based presentation. Use the
Presentation Rubric for assessment.
For enrichment, Students will attend a local city council meeting and take notes
which include items of business and meeting protocol. After the meeting, provide a
one-two page paper which summarizes the events that took place during the
meeting. Use the Summary Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.182. Principles of Government and Public Administration (One-Half to One
5
Copyright © Texas Education Agency, 2011. All rights reserved.
Credit).
(10) The student will select an appropriate method of communication to facilitate
the flow of ideas and information among government, public administration,
the business community, and the general public. The student is expected to:
(G) compare the structure and functions of the Texas state government to
the federal system;
(H) analyze the structure and functions of local government;
College and Career Readiness Standards
Cross-disciplinary Standards
II. Foundational Skills
C. Research across the curriculum
1. Understand which topics or questions are to be investigated.
2. Explore a research topic.
5. Synthesize and organize information effectively.
6. Design and present an effective product.
8. Present final product.
6
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Federalism: Part 3 Key Terms
1. Unitary government – a government in which each state has complete control over all of
the units of local government within its borders.
2. Bicameral legislature – two houses, like the U.S. Congress
3. Incorporation – the process by which a state establishes a city as a legal body
4. Execute laws – put laws into effect; carry them out; perform or carry out what is required
by a law
5. Municipality – a political unit, such as a city, town, or village, incorporated for local selfgovernment
6. Civil cases – involve a dispute between two or more private individuals or organizations
7. Criminal cases – the state brings charges against someone for violating the law
8. Charter – a document that grants certain rights, powers, and privileges to a corporation
9. Incorporation – the process by which a state establishes a city as a legal body
10. County – normally the largest territorial and political subdivision of a state; found in every
state except Connecticut and Rhode Island (called parishes in Louisiana and boroughs in
Alaska)
7
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Name:
Date:
Structure of the Texas State Government
Directions: Fill in the blanks of the following Texas State Government officials.
Voters
1.
2.
3.
GOVERNOR
10.
4.
11.
12.
13.
14.
5.
15.
6.
7.
8.
Commissioner
of Agriculture
Appointed Positions (Examples)
State
Auditor
9.
Presiding
Judges of Admin
Judicial Districts
Adjunct
General
Commission on
Judicial Conduct
Insurance
Commissione
State
Forester
Board of
Criminal Justice
8
Copyright © Texas Education Agency, 2011. All rights reserved.
Structure of the Texas State Government Key
Voters
1. Executive Branch
2. Legislative Branch
GOVERNOR
10. Senate
4. Lt. Governor
11. House of
Representatives
3. Judicial Branch
12. State Court
of criminal
appeals
5. Attorney
General
13.
Supreme
Court
14. Court of
Appeals
15. District
Court
6. Railroad
Commissioner
7. Comptroller
8. Comm. of
the General
Land Office
Commissioner
of Agriculture
Appointed Positions (Examples)
9. Secretary of
State
State
Auditor
Presiding
Judges of
Admin Judicial
Districts
Adjunct
General
Commission on
Judicial
Conduct
Insurance
Commissioner
State Forester
Board of
Criminal Justice
9
Copyright © Texas Education Agency, 2011. All rights reserved.
Name:
Date:
Federalism: Part 3 Quiz
1.
In Texas, the legislature or lawmaking body is
a. Called the Texas Rangers
b. Bicameral, similar to the structure of the U.S. legislature
c. Housed within the judicial body
d. Not very important to the balance of power in the state
2.
The Governor of Texas
a. Is the chief executive officer, heading the executive body of the state
b. Is commander-in-chief of the state’s military forces
c. Executes Texas state laws
d. All of the above
3.
The judicial body of Texas
a. Interprets and applies state and local laws
b. Includes a State Supreme Court, Courts of Criminal Appeals, and various
district and county courts
c. Is created and structured by the federal government
d. a and b only
4.
Functions of the Texas state government include all of the following except
a. Coin money
b. Protect consumers from unfair and deceptive trade practices
c. Protect workers by regulating safety and sanitary conditions of factories
d. Protecting life and property through state criminal laws, police forces, criminal
corrections
5.
Local government is
a. Created by the U.S. Constitution
b. A function of the local population, not subject to the state governor
c. Created by individual states, and can be abolished by the state
d. None of the above
10
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6.
Which of the following is true about county government?
a. It is present in all 50 states
b. It exists largely to serve the administrative needs of the state
c. Their structure is determined by the U.S. Constitution
d. All states have the same number of county government offices
7.
County government is responsible for the administration of state laws, including
a. Levying taxes and assessing property taxes
b. Making sure the state government is run according to the Constitution
c. Coining money
d. Taxing imports and exports
8.
City or municipal government
a. Acts as an agent of the state in providing law enforcement and public health
b. Serves a city that must be incorporated by a state
c. Is based on a charter, which names the city, describes its boundaries, and
declares it to be a municipal corporation
d. All of the above
9.
City government provides all of the following except
a. Funding public education through local taxes, especially property taxes, with
aid from state government
b. Water, sewers, waste removal, streets and traffic regulation, public health
services, and recreational facilities
c. Solutions to pollution in several counties
d. City growth and zoning planning
10.
State government sometimes creates special districts, independent units created to
a. Provide a particular service in a wider or smaller area than that covered by a
county or a city
b. Handle pollution in several counties
c. Provide fire protection in out-of-the way areas
d. All of the above
11
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Matching
11.
Has 31 members, one from each district
A. Charter
12.
Has 150 members, based on the population
of the county
B. Texas House of
Representatives
13.
President of the Senate with power of the
casting vote; serves in place of the governor if
the governor becomes unable to serve
C. City government
14.
Names a city, describes its boundaries,
determines how its officers are chosen, and
outlines its duties
D. Texas Senate
15.
Provides water, sewers, waste removal,
streets and traffic regulation, public health
services, and recreational facilities
E. Lieutenant governor
True or False
16.
Local government is not mentioned in or created by the U.S. Constitution.
17.
Local government in each of the 50 states is organized by the individual states;
however, most states have county governments, city governments, and special
districts.
18.
Mayors, as acting heads of the city, have as much power as the governor.
19.
At the state level, the judicial body in Texas interprets and applies state and local
laws, and has a Supreme Court of Texas, the court of last resort in the state.
20.
The governor of Texas does not have the power to conduct business with other states
because, according to the Constitution, he or she must go through the national
government to do business with other states.
12
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Federalism: Part 3 Quiz Key
1. b
2. d
3. d
4. a
5. c
6. b
7. a
8. d
9. c
10. d
11. d
12. b
13. e
14. a
15. c
16. True
17. True
18. False
19. True
20. False
13
Copyright © Texas Education Agency, 2011. All rights reserved.
Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
14
Copyright © Texas Education Agency, 2011. All rights reserved.
Name:____________________________________
Date:_____________________________
Presentation Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs
Some
Improvement
1 pt. Needs
Much
Improvement
N/A
Pts.
Topic/Content
 Topic discussed completely and in-depth
 Includes properly cited sources (if used)
Creativity/Neatness
 Integrates a variety of multimedia effects
to create a professional presentation
(transition and graphics) or appropriate
visual aid used
 Title slide, table of contents, bibliography
are included, using acceptable format
Mechanics
 Grammar, spelling, punctuation, and
capitalization are correct
 Image and font size are legible to the
entire audience
Oral Presentation
 Communicates with enthusiasm and eye
contact
 Voice delivery and projection are
dynamic and audible
Audience Interaction
 The presentation holds audience’s
attention and relates a clear message
 Clearly and effectively communicates the
content throughout the presentation
Total Points (20 pts.)
Comments:
15
Copyright © Texas Education Agency, 2011. All rights reserved.
Name_______________________________________
Date_______________________________
Summary Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The critical analysis has all required
parts from introduction to body to
conclusion.
The critical analysis is concise but
complete.
The critical analysis demonstrates
that the writer comprehends the
content.
The critical analysis demonstrates
accurate spelling, grammar, and
punctuation.
The overall content of the critical
analysis emphasizes appropriate
points.
The writer shows an understanding
of sentence structure,
paragraphing, and punctuation.
The source of the critical analysis is
clearly and accurately documented.
The critical analysis demonstrates
the correct use of terminology.
Total Points (32 pts.)
Comments:
16
Copyright © Texas Education Agency, 2011. All rights reserved.
Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The writing has all required parts from
introduction to conclusion in smooth
transition.
The writing is interesting, supportive,
and complete.
The writing demonstrates that the
writer comprehends the writing
process.
Accurate spelling, grammar, and
punctuation
The content of paragraphs
emphasizes appropriate points.
The writer shows an understanding of
sentence structure, paragraphing, and
punctuation.
All sources and references are clearly
and accurately documented.
Total Points (28 pts.)
Comments:
17
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