Download CHAPTER 30 TEXAS GOVERNMENT (1845

Government
Federal and State
The influence of the U.S. Declaration of
Independence on the Texas system of
government.
Thomas Jefferson wrote this document.
 It consists of three parts:
 a statement of human rights,
 the reasons for declaring independence,
 the declaration itself
 In his opening comments, Jefferson stated that:
 all men are created equal and are endowed with certain
unalienable rights such as life, liberty, and the pursuit of
happiness.
 governments derive their powers from the consent of the
governed.
 if governments become destructive, people have the right to
replace them with new forms of government.
Unalienable Rights
 Unalienable rights are the natural rights of mankind.
 They are independent of the government and are rights that no
government can deny to its citizens.
 They are derived from the nature of man and do not depend on any
constitution for their existence.
 They are gifts of God or nature that existed before governments were
created.
 In broad terms these rights are personal security, liberty, and private
property.
 The U.S. Declaration of Independence states that “all
men” possess unalienable rights and that “among
these are life
liberty
the pursuit of happiness
The Constitution
What is a Constitution?
 A constitution is the basic
principles and laws of a
government.
 A constitution effectively controls
the powers of the government and
guarantees certain rights to the
people.
 Our U.S. Constitution is the
“highest law of the land.”
Preamble Clip
How the Constitution is set up:
U.S Constitution
Preamble. The Preamble states the purpose of the document.
Article I. Defines the powers and structures of the legislative branch (Congress).
Article II. Creates the executive branch of government (U.S. President).
Article III. Established the judicial branch of the gov’t (Supreme Court).
Article IV. Outlines the obligations of the states to each other.
Article V. Describes the process by which the Constitution may be altered
(Amendments).
Article VI. Established that the U.S. Constitution is the supreme law of the land.
U.S. Influence on Texas
The U.S. and Texas Constitutions are considered living
documents because they can be amended/changed with the
times/life.
U.S. CONSTITUTION INFLUENCED THE TEXAS
CONSTITUTION
Document’s basic principles came from the U.S. Constitution
Served as a model for the Texas Bill of Rights - example:
freedom of speech
Bill of Rights – outlines the civil liberties, or individual
rights, that a government promises to protect
Texas Constitution
•
Created a Republican Government with Three
Branches
Representatives of Congress and executive
officials are elected by the people
• The idea that the power to create or change
the government comes from the people is called
popular sovereignty.
• Popular Sovereignty- power comes from
people- People power
THE PRINCIPLES OF
THE CONSTITUION
Popular Sovereignty
Limited government
Separation of Powers
Checks and Balances
Federalism
Republicanism
Protection of Individual Rights
Popular Sovereignty
All political power comes from the people.
(voting & participation)
 Popular sovereignty means that a government receives
its authority from the people. A government cannot
rule without the people’s consent.
 The will of the population is expressed through the
people elected to serve in local, state, and federal
government.
People Power
Limited Government
The power of government is limited, or has restrictions,
in order to protect people’s rights.
 Constitution restricts government, EVERYONE must obey
the laws.
 A limited government is not all-powerful. Its powers are
limited to those given to it by the people.
 The U.S. and Texas governments can have no powers or
responsibilities beyond those assigned in the U.S. and
Texas Constitutions.
Separation of Powers
Power is divided between the executive, legislative, and
judicial branches of government.
This prevents any one branch from becoming too powerful.
 Both the National and State Government powers are divided
into three branches--with each branch having different powers
and responsibilities.
 The legislative branch makes laws.
 The executive branch enforces laws.
 The judicial branch interprets laws.
Checks and Balances
A system in which each branch has ways to check the other
branches in order to prevent one from becoming too powerful.
 Each branch of the national and state government has the ability to
check, or control, the power of the other two branches.
 Checks and balances keep any one branch of the government from
becoming too powerful.
 For example: The president and governor can veto a bill passed
by Congress.
Federalism
Distributes power between the central government and
state (regional) governments.
Some powers are shared; others are not.
 The U.S. Constitution grants certain powers to the national
government and others to Texas.
Republicanism
Voters elect representatives to serve in the government
and make decisions based on what is wanted by the
people they represent.
 A republic is a form of government where the people rule
through elected representatives.
 U.S. and Texas citizens elect legislators to represent them
in Congress.
Protection of Individual Rights
Specific rights and freedoms guaranteed to citizens
and protected by law.
 A bill of rights outlines the civil liberties that a
government promises to protect.
 Individual rights are rights that the government is
obligated to protect. These protections are provided by
various amendments to the U.S. and Texas Constitution.
 The right to free speech is protected in the U.S. and
Texas Bill of Rights.
Protection of Individual Rights
Bill of Rights
The rights guaranteed to Texas citizens in the
U.S. Bill of Rights.
 The U.S. Bill of Rights is the first ten amendments of
the U.S. Constitution.
 Although Texas has a State Bill of Rights, the U.S.
Constitution’s Bill of Rights is considered the
primary guarantee of all citizens rights.
 All Texas citizens should be aware of the rights
guaranteed in the first ten amendments of the U.S.
Constitution.
Protection of Individual Rights
The Bill Of Rights
Amendment 1
Freedom of speech, press, religion, assembly, and the right to petition the government
Amendment 2
The right to bear arms
Amendment 3
The guarantee that civilians will not be forced to house soldiers
Amendment 4
Protection against unreasonable searches by law-enforcement officers
Amendment 5
The right of a person under arrest to know why he or she has been arrested and to refuse to testify against himself or herself in a court of law
Amendment 6
The right to a speedy and public trial by a jury of one’s peers in criminal cases
Amendment 7
The right to a trial by jury in civil cases involving substantial amounts of money
Amendment 8
Protection against excessive bail and cruel and unusual punishment
Amendment 9
The guarantee that rights not specifically listed in the Constitution are not automatically denied to the people
Amendment 10
The guarantee that the people and the states are to keep powers not specifically granted to the federal government
Republicanism
Popular Sovereignty
A democratic system of
gov’t in which people
hold supreme power
A nation governed by
elected representatives
rather than by a king.
Federalism
A system in which power is shared
between the national gov’t and the
state governments
Limited Government
Individual Rights
The federal and state
governments power is
strictly limited by the
Constitution
(1st
Bill of Rights
ten
amendments of the
Constitution)
PRINCIPLES OF THE
U.S. CONSTITUTION
Checks and Balances
The Amending Process
A way of making sure that no
one branch of the federal
gov’t becomes too powerful.
Changes can be made to the
Constitution so that the
Constitution can meet the
needs of the United States.
Separation of Powers
Division of power into 3 branches
Legislative
Power
Executive
Power
Judicial
Power
Texas Constitution Trivia
 Our Current Constitution was
approved in 1876
 This is our fifth constitution
 It is modeled after the Texas
Constitution of 1845
 Since 1876 the TX Constitution has
been amended about 400 times
(U.S. 27 times)
Cooperative Learning Groups
Each group will be assign a different principle from the seven basic principles from the
Constitution.
Each group will create a poster demonstrating the principle your group received and
presented it to the class. You can not label your poster- the class has to guess what
principle you have drawn.
Or
 Your group will write and perform a skit demonstrating the principle your group got.
The class will have to guess which principle you are trying to portray.


You have 10 minutes to complete this assignment.
THE PRINCIPLES OF THE CONSTITUION
•
Popular Sovereignty
•
Limited government
•
Separation of Powers
•
Checks and Balances
•
Federalism
•
Republicanism
•
Protection of Individual Rights
Analyzing the Seven
Principles of the
Constitution
Federalism
Separation of Powers
Checks and Balances
Federalism
FEDERALISM
Distributes power between the central
government and state (regional) governments
Government
Power
State
Government
Central
Government
Legislative
Branch
Executive
Branch
Judicial
Branch
Legislative
Branch
Executive
Branch
Judicial
Branch
Federalism
Powers reserved to the
federal government by the
U.S. Constitution
Powers reserved to the Texas
government (and other states) by
the U.S. Constitution
 Establishing and maintaining
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schools
Establishing local governments
Making laws regarding corporations
Regulating business within the state
Making laws regarding marriage
Providing for public safety
Assuming other powers not
delegated to the national
government or prohibited to the
states
 Declaring war
 Maintaining the armed forces
 Regulating trade between the states
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and with foreign countries
Admitting new states
Maintaining the postal service
Setting standard weights and
measures
Coining money
Making foreign policy
Making all laws necessary and
proper for carrying out the delegated
powers
Federalism
Shared powers granted to the federal and
Texas governments (and other states)
 Maintaining law and order
 Levying taxes
 Borrowing money
 Chartering banks
 Establishing and maintaining criminal-justice
systems
 Providing for the public welfare
Separation Of Powers
And
Checks and Balance
(The Three Branches of Government)
Separation of Powers and
Checks and Balances
The Texas Constitution of 1845 established a
separation of governing powers, in which the
powers of each branch are limited.
 This system is similar to the one established in the U.S.
Constitution.
 The three branches of the Texas and U.S. government are
the same, but the title of the individual responsible for the
Executive Branch is different.
 U.S. Head of Executive Branch= President
 Texas Head of the Executive Branch=Governor
Governor
LT. Governor
CHECKS AND BALANCES
The federal and state constitutions
separate the powers of each
branch so each branch will not be
more powerful than another. This
is called “separation of powers.”
CHECKS AND BALANCES
The U.S. and Texas Constitutions
authorize each branch of
government to share their powers
with the other branches.
CHECKS AND BALANCES
This sharing of power
checks activities and
powers of all three
branches.
This process of each branch
being able to stop actions by
another branch is called
“checks and balances.”
Constitutional Principles
Checks and Balances – Created to prevent any
one branch from becoming too powerful.
HOW THE SYSTEM
OF CHECKS AND
BALANCES WORKS
3 Ring Circus Clip
The Legislative
Branch
Lieutenant
Governor
State of Texas
150 members
http://www.promotega.org/fld30006/images/flow%20chart.GIF
State of Texas
31 members
Legislative Branch
The primary job
of the
legislative
branch is to
make laws.
HOW A BILL BECOMES A LAW
 Bill is proposed, sent to a committee, voted on by the
house that proposed the bill
 Bill then sent to other chamber (house) where the bill goes
through a similar process
 If the bill is approved, it is sent to the governor
 Governor then either vetoes, ignores, or signs the bill into
law
I’m Just a Bill Clip
Legislative Branch
The Texas Legislature/The U.S. Legislature
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•
Other Duties
sets the state budget/sets the federal budget
can impeach state judges and state executive
officials/can impeach federal judges and
federal executive officials
can override state executive veto/ can
override federal executive veto
can propose state constitutional amendments/
can propose federal constitutional
amendments
Amending the Texas
Constitution
Process of amending the Texas Constitution
- a change is proposed in the Texas legislature
- must pass a two-thirds vote by both houses
of the state legislature
- sent to the citizens for ratification
 a majority of Texans must vote to pass the
amendment
Amending the U.S.
Constitution
Process of amending the U.S. Constitution
Proposal
- Congress can propose an amendment with a 2/3’s majority vote of
both Houses.
OR
- Congress may call special conventions at the request of 2/3’s of the
state legislatures. This method has never been used.
Ratification
- After an amendment has the approval of Congress, it must be ratified
by 3/4’s of the state legislatures.
OR
- Special conventions in 3/4’s of the states.
Terms of Office
Texas House Texas Senate
2 year term
4 year term
150 members 31 members
Regular Session: Beginning on
the 2nd Tuesday of January, in
odd number years, for 140 days.
Texas Legislature
Qualifications
House
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Age 21
U.S. Citizen
Qualified Voter
Resident of Texas 2
yrs. before election
Resident of District
for 1 year.
Senate
 Age 26
 U.S. Citizen
 Qualified Voter
 Resident of Texas 5
yrs. before election
 Resident of District
for 1 year.
The Texas Legislature
TEXAS LEGISLATURE
House of Representatives
Leader: Speaker of the House
Members: 150 representatives
Term of Office: two years
Powers and Duties:
• make laws
• propose constitutional
amendments
• may bring impeachment
charges against and vote
to impeach judges and
executive officials
Senate
Leader: lieutenant governor
Members: 31 senators
Term of Office: four years
Powers and Duties:
• make laws
• propose constitutional
amendments
• must approve all executive
appointments
• may try and convict officials
impeached in the House
Presiding Officers
Rick Perry
Texas Governor
David Dewhurst
(Lt. Governor)
Joe Straus
(Speaker of the House)
The Executive Branch
Executive Branch
The President leads
the Executive
Branch in our
nation’s capital.
The Governor leads
at the state level.
Executive Branch
Main Duty
The President and Governor (enforce) carry out
the laws that Congress passes and ensures
their just application [make them fair for
everyone].
Executive Branch
Other Duties
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The Texas Governor/The President of the U.S.
can sign or veto state laws/can sign or veto federal laws
commands state militia/commands the U.S. military
appoints members of the executive branch
nominates state judges/nominates federal judges
The Texas Executive
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
and Duties
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
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
OFFICIALS AND AGENCIES
THAT MAKE UP THE
EXECUTIVE
 Lieutenant
Governor –BRANCH
acts as
leader of the Texas Senate and
chairs the Legislative Budget Board
 Attorney General – gives legal
advice and represents Texas in
certain court case
 Comptroller of Public Accounts –
oversees the collection of taxes
OFFICIALS AND AGENCIES
THAT MAKE UP THE
EXECUTIVE BRANCH
(continued)
 Commissioner of Agriculture
–
enforces agricultural laws and
aids farmers
 Commissioner of the General
Land Office – manages the
state’s land and mineral rights
OFFICIALS AND AGENCIES
THAT MAKE UP THE
EXECUTIVE BRANCH
Executive Agencies:
(continued)
 Over 200 agencies, boards and
commissions make up the state
executive. They:
 Enforce state laws
 Provide Texans with various services
such as the Texas Railroad
Commission
The Judicial Branch
Judicial Branch
The Judicial Branch,
consists of all
federal courts in the
United States
including the highest
court, the Supreme
Court.
Judicial Branch
Main Duty
Interprets the
constitution and
other laws.
Decides cases by
interpreting and
applying the law.
Judicial Branch
The Texas Supreme Court/ The U.S. Supreme
Court
 interprets the Texas Constitution and other state
laws/interprets the U.S. Constitution and other
federal laws
 reviews lower state court decisions/reviews lower
federal court decisions
STRUCTURE OF THE TEXAS
COURT SYSTEM
 Texas Supreme Court – highest civil court in the
state- mainly reviews the rulings of the appellate
courts on civil cases
 Court of Criminal Appeals – highest criminal
court in the state – mainly reviews the rulings of
the appellate courts on criminal cases and all
cases involving the death penalty.
 Court of Appeals
 District Courts
 Regular and Special County Courts
 Municipal Courts and Justice of the Peace
Courts
JUDICIAL REVIEW
The U.S. and Texas Supreme
Court (along with the appeal
courts) have the power of
Judicial Review – courts’ power
to determine if a law is
constitutional.
ROLE OF JURIES WITHIN
THE JUDICIAL SYSTEM
 A jury is a group of people sworn to hear
evidence on a matter submitted to them and
give their verdict (guilty or not guilty)
according to the evidence presented.
 Grand Jury – decides whether a person
accused of a felony should be indicted
 Petit Jury-decides the verdict
in a trial
JURY DUTY IS AN IMPORTANT
CIVIC RESPONSIBILITY
If people did not participate
in jury duty, the state
government would have a
hard time guaranteeing
Texans’ rights to a trial by
jury.
The Texas Judiciary
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
decides the verdict
in a trial
Grand Jury
decides whether a
person accused of a felony
should be indicted