Unit 1: Government
Study Guide
Vocabulary
constitution - a document that outlines fundamental laws and principles of law; it describes the nature, fucntion, and
limits of government. Simplified definition: document that creates the type of government a country has and establishes
its basic laws.
amendments - an addition to a formal document such as a constitution. Simplified definition: a method for making
changes, or adding items to the constitution.
separation of power - principle of government in which powers are divided among different government branches.
Simplified definition: government is divided into different branches and not held in one central person or entity.
bill of rights - a series of laws in a constitution that protect specific rights of citizens. Simplified definition: list of rights
of citizens that the government is sworn to protect.
popular sovereignty - the doctrine that sovereign power is vested in the people and that those chosen to govern, as
trustees of such power, must exercise it in conformity with the general will. Simplified definition: the idea the ultimate
power of the government lies with the people.
federalism - a type of government in which powers and duties between states and national government are shared.
bicameral - composed of tow legislative chambers or branches (House of Representatives and Senate).
veto - power exercised by the executive branch of government to reject a law.
checks and balances - governmental arrangement by which each branch of government has the power to check, or
restrict, the power of the other branches of government.
indictment – a formal statement charging a party with the commission of a crime.
Texas Constitution
Texas has had in total 7 constitutions throughout its history. (1827, 1836, 1845, 1861, 1866, 1866, & 1876).
The Role of Constitutions
Each Texas constitution has had four important purposes:
1. Outlined the parts of the government and described the duties of each.
2. Officials and governmental bodies were given various powers.
3. Described the rights of citizens.
4. Provided a method form making changes, or adding amendments.
Each constitution reflects the times in which it was written. The earliest Texas constitutions permitted slavery and women
were not even mentioned. Constitutions reflect the ideals and values of citizens.
The Bill of Rights
Protecting the rights of citizens is so important to Texans that the constitution begins with a bill of rights, similiar to the
one in the United States Constitution. The Texas Bill of Rights protects freedom of speech, religion, and the press. It
guarantees the right to bear arms, forbids unreasonable search and seizures, and assures accused people a speedy trial.
The bill of rights also lists special rights for crime victims. These freedoms are essential for a free and democratic
society.
Federalism
As a state within the United States, Texas is part of a federal system of government, which means that some powers
belong to the federal government and others belong to state governments. The sharing of powers and duties is called
federalism and powers given to the states are reserved powers.
One way to think of federalism is as a HUGE umbrella - the United States umbrella is the biggest making laws that
pretain to the entire country and the 50 states that compromise it. Underneath that umbrella are 50 smaller umbrellas
which covers a single state - in our case Texas. Now although there are powers that just belong to the national
government and powers that belong just to the state governments - there is another umbrella which is for combo powers
or powers that belong to both the national and state governments.
Some examples of the various powers are:
Federal Powers: declare war, sign treaties with other countries, raise an army and a navy, coin and regulate money,
establish federal courts, administer Social Security, admit a new state, and regulate foreign trade and interstate trade.
State Powers: responsible for transportation (highways), regulate commerce within its borders, establish legal age for
marriage without parental permission, and create public school system.
Combo Powers: collect taxes, borrow money, and enact and enforce laws.
The Three Branches of Government
Legislative Branch
Main Function: makes the laws of the state
Other Duties: The Texas Legislature also approves or rejects the governor's appointments and reviewing the actions of
other branches of government. Furthermore, they discuss how state monies should be spent and what to do about prison
overcrowding, taxes, education, and the environment. Another important dute of the legislature is the redrawing of
legislative and congressional districts because of population changes -- this is known as redistricting.
Number of Members
House of Representatives
Senate
150
31
Meets how often?
Once every two years; if governor calls a special Once every two years; if governor calls a
session
special session
Who leads?
Speaker of the House (remember the key word is Lieutenant Governor - does not vote,
HOUSE).
unless vote ends in a tie.
Term in Office
2 years
4 years
How A Bill Becomes a Law
The most important task of the legislative branch of the government is to make the laws that we all live by. The process
of how a bill becomes a law is an important concept for you to understand.
1. Bill is introduced in either the House or the Senate
2. Referred to House or Senate committee (depending on where bill started out on Step #1)
a. Committee can decide not to recommend the bill or take any further action on it - this is known as "killed in
committee"
3. House or Senate debates and votes on bill
a. If majority votes against the bill on this step then it goes no further in process
4. Bill is referred to other legislative body (depending on where the bill started out on Step #1)
5. Referred to House or Senate committee
6. House or Senate debates and votes on bill
7. Sent to Govenor
a. Governor can sign the bill into law.
b. Governor can veto bill, in which case it is sent back to House and Senate where 2/3 majority votes is required
to override veto for bill to become a law.
Executive Branch
Head of Executive Branch: Governor
Main Function: carries out the laws passed by the legislature
Other Duties: acts as chief executive of Texas, makes appointments to boards & commissions, removes officials when
necessary, signs or vetoes bills, calls special sessions of the legislature, serves as commander in chief of Texas, and
represents Texas.
Judicial Branch
Main Function: interpret the laws
There are two types of courts within the judicial branch - Trial Courts and Appeals Courts.
Trial Courts - are courts where witnesses are heard, evidence is presented, and a verdict or a decision is reached. Trial
courts hear both civil and criminal cases.
Appeals Courts - if someone feels that a verdict or decision reached in a trial court was unfair they have the right to file
an appeal, or a request to have the decision of the court thrown out and order a new trial.
High Courts: Texas Supreme Court - hears only civil cases
Court of Criminal Appeals - hears only criminal cases
Lower Courts: District Courts
County Courts
Municipal Courts (also known as Justice of Peace Courts)
There are two types of law that the judicial branch is concerned with - civil and criminal law.
Civil Law - pertains to disputes between private citizens, businesses, and governments.
Criminal Law - is a set of laws that describe what people can and cannot do. There are two types of offesnes that are
recognized under criminal law - misdemeanor and felony.
a. misdemeanor - is a less serious crime, such as disorderly conduct, gambling, or dangerous traffic violations.
b. felony - is a very serious crime, such as, murder, arson, and kidnapping.
Finally, there are two types of juries within the court system - grand and petit jury.
Grand Jury - a group of people who consider cases that involve a person being accused of a felony. If 9 or more of the
12 members of the grand jury believe that their is evidence that the person might have committed the crime an indictment
is issued - if this is done the case will actually go to court.
Petit Jury - decides the criminal cases that actually go to court and all members must agree on a verdict of "guilty" or
"not guilty".
Financing State Government
Where Texas gets its money
Running a state government as large as that of Texas requires careful planning and budgeting. The state's budget sets
economic and social priorities. It also estimates how much revenue the state expects to take in and how much it may
spend.
Sources of Income
Explanation
Sales Tax
a tax on things that you buy - the largest money maker for
Texas.
Franchise Tax
a tax that is based on the value of machinery and equipment
that businesses use to produce income.
Texas Lottery
A major source of money for education spending.
Federal Government
Grants
A grant is a money that does not have to be paid back - the
opposite of a loan
The sale, rental, and
leasing of land and mineral
rights
Fees for state services and An example: marriage license
permits
These are all examples of ways that Texas gets money every year to help fund the state government and all state services,
but sometimes the state receives money from unexpected sources. For example, a 1998 tobacco lawsuit settlement will
give Texas millions of dollars over the next 25 years.
How Texas spends its money
The state of Texas spends its money on such service as: general government, health and human services, education, public
safety/criminal justice, natural resources, and business/economic development. Education generally takes up the bulk of
the state budget.
Influences on the Process
Many people and factors influence the state budget process. Federal decisions affect state budget - for example, if the
federal government set a water pollution standard different from the state standard, Texas may have to put more money
into cleaning waterways than it would otherwise. Court decisions may also affect how Texas spends its money - for
example, in a famous case a federal judge required Texas to spend more money to build more prisons after a Texas
prisoner had filed suit protesting overcrowded prisons. In addtion, individuals and groups through special lobbying
efforts work to promote their interests and pressure budget officials on many important issues.
Political Parties
Major Parties
 Democrats
 Republicans
Third Parties
 Greens
 Libertarians
The purpose of political parties is to get individuals elected to public office.
Checks and Balances