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Vocabulary 24 and 25 Vocabulary 24 and 25 Item veto Item veto Misdemeanor Misdemeanor Common law Common law Warrant Warrant Property tax Property tax Sales tax Sales tax Regressive tax Regressive tax Charter Charter Budget Budget

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Page 1: Vocabulary 24 and 25 Item veto Item veto Misdemeanor Misdemeanor Common law Common law Warrant Warrant Property tax Property tax Sales tax Sales tax Regressive

Vocabulary 24 and 25Vocabulary 24 and 25

Item vetoItem veto MisdemeanorMisdemeanor Common lawCommon law WarrantWarrant Property taxProperty tax Sales taxSales tax Regressive taxRegressive tax CharterCharter BudgetBudget

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Chapter 24,25Chapter 24,25U.S. GovernmentU.S. Government

State and Local GovernmentsState and Local Governments

Insubordinate Insubordinate

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The Need for ReformThe Need for Reform

Length of Length of ConstitutionConstitution

The Texas The Texas constitution is the constitution is the second longest in second longest in the nation, with the nation, with 390 amendments.390 amendments.

There has been a There has been a failure to separate failure to separate fundamental lawfundamental law from from statutory law.statutory law.

Age of Age of ConstitutionConstitution

The Texas The Texas constitution is constitution is more than 100 more than 100 years old, with years old, with outdated outdated provisions.provisions.

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The Legislature: Structure and The Legislature: Structure and SizeSize

The basic function of the legislature The basic function of the legislature is to translate the public will into is to translate the public will into public policy.public policy.

Like most State legislatures, the Like most State legislatures, the Texas legislature is bicameral, with a Texas legislature is bicameral, with a senate and house of representatives.senate and house of representatives.

The Texas senate is made up of 31 The Texas senate is made up of 31 members, and the house of members, and the house of representatives is comprised of 150 representatives is comprised of 150 members.members.

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The Texas State LegislatorsThe Texas State Legislators The Texas State constitution defines legislator The Texas State constitution defines legislator

requirements regarding age, citizenship, and requirements regarding age, citizenship, and residence.residence.

Legislators are chosen by popular vote, usually in Legislators are chosen by popular vote, usually in November of even-numbered years.November of even-numbered years.

Legislators serve either two- or four-year terms.Legislators serve either two- or four-year terms. The typically low compensation keeps many The typically low compensation keeps many

qualified people from running for these offices.qualified people from running for these offices. The Texas legislature meets on a biennial (every-The Texas legislature meets on a biennial (every-

other-year) basis, and special sessions may be other-year) basis, and special sessions may be called by the governor for urgent matters.called by the governor for urgent matters.

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Powers of the LegislaturePowers of the Legislature

Legislative PowersLegislative Powers The legislature can pass any law that does not The legislature can pass any law that does not

conflict with federal law or with the State conflict with federal law or with the State constitution.constitution.

The legislature has the powers to tax, spend, The legislature has the powers to tax, spend, borrow, establish courts, define crimes and borrow, establish courts, define crimes and punishments, regulate commerce, and maintain punishments, regulate commerce, and maintain public schools, among other powers.public schools, among other powers.

Electorate PowersElectorate Powers A A referendumreferendum is a process by which a legislative is a process by which a legislative

measure is decided upon by the State’s voters. In measure is decided upon by the State’s voters. In Texas referendums are only used for Texas referendums are only used for Constitutional Amendments.Constitutional Amendments.

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The GovernorshipThe Governorship Governors must be American citizens, at Governors must be American citizens, at

least 30 years of age, and must have lived least 30 years of age, and must have lived in the State for at least five years.in the State for at least five years.

The governor and lieutenant governor are The governor and lieutenant governor are chosen independently by popular vote in a chosen independently by popular vote in a direct primary.direct primary.

Governors serve four-year terms, with no Governors serve four-year terms, with no limitations on reelection.limitations on reelection.

If a governor leaves office during a term, If a governor leaves office during a term, he or she is succeeded by the lieutenant he or she is succeeded by the lieutenant governor.governor.

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A Governor’s Many RolesA Governor’s Many Roles

Appointment and removal of assistants;Appointment and removal of assistants; supervising the staff of the State’s supervising the staff of the State’s

executive branch;executive branch; commanding the State militia, or National commanding the State militia, or National

Guard.Guard.

The governor’s basic legal responsibility is to “take care that laws be faithfully executed.” This is accomplished through these tasks, among others:

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The Lieutenant GovernorThe Lieutenant Governor

The lieutenant governor of Texas is part of The lieutenant governor of Texas is part of both the executive and legislative both the executive and legislative branches.branches.

The lieutenant governor presides over the The lieutenant governor presides over the senate. In this position, he or she can senate. In this position, he or she can influence state policy and the legislature.influence state policy and the legislature.

The lieutenant governor has the right to The lieutenant governor has the right to debate and vote on issues when the debate and vote on issues when the senate sits as a committee of the whole.senate sits as a committee of the whole.

With the limited executive authority of the governor, the powers of the lieutenant governor of Texas are considered to surpass those of the governor.

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Criminal and Civil LawCriminal and Civil Law

Criminal LawCriminal Law Defines public Defines public

wrongs and wrongs and provides for provides for their punishmenttheir punishment

There are two There are two types: types: feloniesfelonies and and misdemeanorsmisdemeanors..

Civil LawCivil Law Relates to disputes Relates to disputes

between private between private parties or between parties or between private parties and the private parties and the government that are government that are not covered by not covered by criminal lawcriminal law

These cases are These cases are referred to as “law referred to as “law suits.”suits.”

They lead to an award They lead to an award of money or a fine.of money or a fine.

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The Jury SystemThe Jury SystemThe Grand JuryThe Grand Jury Determines whether the evidence against a person is Determines whether the evidence against a person is

sufficient to justify a trial. Consists of 12 people. A majority sufficient to justify a trial. Consists of 12 people. A majority is needed to indict.is needed to indict.

They meet and deliberate in secret.They meet and deliberate in secret.The Petit JuryThe Petit Jury Hears and reviews the evidence in a case and decides the Hears and reviews the evidence in a case and decides the

disputed facts.disputed facts. The usual number of jurors at the Texas county level is 6 The usual number of jurors at the Texas county level is 6

and at the State district level is 12.and at the State district level is 12. Their verdict must be unanimous for criminal cases and Their verdict must be unanimous for criminal cases and

must have a five-sixths majority in civil cases.must have a five-sixths majority in civil cases.Selection of Texas JudgesSelection of Texas Judges Judges are selected:Judges are selected:

• By popular voteBy popular vote• Gubernatorial appointmentGubernatorial appointment• Local executive appointmentLocal executive appointment

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Organization of Texas State Organization of Texas State CourtsCourts

First TierFirst TierLocal Trial CourtsLocal Trial Courts Justices of the peaceJustices of the peace try try

misdemeanors and civil disputes misdemeanors and civil disputes involving less than $5,000.involving less than $5,000.

Municipal courtsMunicipal courts are found in are found in more urban areas and hear more urban areas and hear criminal cases with fines under criminal cases with fines under $2,000.$2,000.

Second TierSecond TierCounty-Level CourtsCounty-Level Courts Constitutional county courtsConstitutional county courts are are

established by the Texas established by the Texas constitution as courts of record.constitution as courts of record.

County courts of lawCounty courts of law handle minor handle minor criminal cases as well as civil criminal cases as well as civil matters such as probate.matters such as probate.

Third TierThird TierGeneral Trial & District CourtsGeneral Trial & District Courts Trial courtsTrial courts hear the more hear the more

important civil and criminal cases important civil and criminal cases and exercise original jurisdiction.and exercise original jurisdiction.

Fourth TierFourth TierIntermediate Appellate CourtsIntermediate Appellate Courts Courts of appealsCourts of appeals do not hold do not hold

trials and are concerned with the trials and are concerned with the correct interpretation of the law.correct interpretation of the law.

Fifth TierFifth TierHighest CourtsHighest Courts The State supreme courtThe State supreme court is the is the

highest appellate court in civil highest appellate court in civil cases.cases.

The court of criminal appealsThe court of criminal appeals is is the last resort in criminal cases.the last resort in criminal cases.

National Supreme CourtNational Supreme Court Federal Supreme court can hear Federal Supreme court can hear

cases appealed from Texas’ cases appealed from Texas’ highest courts.highest courts.

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County Government StructureCounty Government StructureTypical County Government Structure

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The Nation’s CountiesThe Nation’s Counties

A A countycounty is a major unit of local government in is a major unit of local government in most States.most States.

The function of counties varies from region to The function of counties varies from region to region.region.

They may share the functions of local They may share the functions of local government or be the major units of government government or be the major units of government for rural areas.for rural areas.

Counties vary widely in area and population.Counties vary widely in area and population.

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Council-Manager Form of City Council-Manager Form of City GovernmentGovernment

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Texas School DistrictsTexas School Districts

School districts are governed by an School districts are governed by an elected elected board of trusteesboard of trustees with up to seven with up to seven members, who are responsible formembers, who are responsible for• hiring and firing teachers;hiring and firing teachers;• building new schools;building new schools;• buying school supplies;buying school supplies;• setting district school tax rates;setting district school tax rates;• selecting a superintendent of schools to oversee the selecting a superintendent of schools to oversee the

administration of policy.administration of policy.

Schools are administered and funded by a separate governmental unit.

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Services Provided by Texas State and Services Provided by Texas State and Local GovernmentsLocal Governments

education;education; public welfare;public welfare; public safety;public safety; highways;highways; other servicesother services

Texas State and local governments provide the following kinds of services:

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Texas State and Local ServicesTexas State and Local ServicesSelected Texas State and Local Spending

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Sources of RevenueSources of RevenueState and Local Revenue