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 1 Copyright © Texas Education Agency, 2011. All rights reserved. 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 2 Copyright © Texas Education Agency, 2011. All rights reserved. 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 Copyright © Texas Education Agency, 2011. All rights reserved. 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 Copyright © Texas Education Agency, 2011. All rights reserved. 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 Copyright © Texas Education Agency, 2011. All rights reserved. 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 Copyright © Texas Education Agency, 2011. All rights reserved. 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 Copyright © Texas Education Agency, 2011. All rights reserved. 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 Copyright © Texas Education Agency, 2011. All rights reserved. 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 Copyright © Texas Education Agency, 2011. All rights reserved. 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 Copyright © Texas Education Agency, 2011. All rights reserved.