Chapter 2 review

29 December 2022
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1. True or False: The tenth amendment specifically identifies states powers.
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• False. The tenth amendment does not specifically identify the powers of the state.
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2. Does devolution give states more or less freedom to make decisions?
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• Devolution gives states more freedom to make decisions.
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3. How many different constitutions has Texas had throughout its history.
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• Texas has had seven constitutions throughout its history.
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4. True or False: The present-day constitution has been amended just under 100 times.
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• False. Our present-day constitution has been amended more than 400 times.
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5. When was the last time voters were presented with a constitutional revision proposal fron the state legislature?
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• November 1975 was the last time voters were presented with a constitutional revision proposal from the state legislature; recent attempts have failed.
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6. True or False: Amending the Texas Constitution requires two-thirds of the members of each chamber of the state legislature adopting a proposed amendment, and three-fourths of the voters approving it in a constitutional amendment.
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• False. Amending the Texas Constitution requires two-thirds of the members of each chamber of the state legislature to adopt a proposed amendment, and only a simple majority of the voters to approve it in a constitutional amendment election.
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7. True or False: The Texas Constitution contains constitutional rights not found in the U.S. constitution?
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• True. The Texas Constitution does contain additional constitutional rights, such as the Equal Legal Rights Amendment, not found in the U.S. Constitution.
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8. Article ii of the Texas Constitution assigns powers to which branches of government?
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• The Texas Constitution assigns power to the Legislative, Executive, and Judicial branches.
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1. Identify provisions of the U.S. Constitution concerning limitations on the states and guarantees to the states. LIMITATIONS
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Limitations • May not enter into treaties, alliances, or considerations or, without the consent of Congress, make compacts or agreements with other states or foreign governments. • They are forbidden to levy import duties on another stats products (outcome of the Civil War & U.S. Supreme Court ruling in Texas v. White 1869). • State legislature cannot limit the number of terms for members of the states Congressional delegation (only authorized by an amendment to the U.S. Constitution). • Prohibits states from denying anyone the right to vote because of race, gender, failure to pay a poll tax, or age if the person is 18 yrs. old or older. • Fourteenth Amendment: May not deny anyone the equal protection of the laws or the privileges and immunities of citizens of the United States. • No state may deprive person of life, liberty, or property without due process.
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1. Identify provisions of the U.S. Constitution concerning limitations on the states and guarantees to the states. Constitutional guaranties
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Constitutional guaranties • May not divide nor combine with another state without the consent of the state legislature involved and Congress. (Texas, however, did retain power to divide itself into as many as five states under the terms of its annexation to the United States). • Each state is guaranteed a republican form of government. • Each state is guaranteed that it will have two senators in the U.S. Senate and at least one member in the U.S House of Representatives. Because of population growth, Texans now elect 32 representatives. • Texas and other states participate in the presidential elections through the Electoral College. A state has one electoral vote for each of its U.S. Senators and each of its U.S. Representatives. • All states participate equally in approving or rejecting proposed amendments to the U.S. Constitution (Approval requires ratification by either 3/4th of the state legislature or by conventions called in 3/4ths of the states). • Entitled to protection by the U.S. government against invasion and domestic violence, although Texas may also have its own militia (National Guard Units). • Texas is assured that trials by federal court for crimes committed in Texas will be conducted in Texas.
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2. Identify provisions of the U.S Constitution concerning interstate relations and state immunity.
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• Citizens of each state shall be entitled to all the privileges and immunities of citizens in the Several states. This means that residents of Texas that visit another state are entitled to all the privileges and immunities of citizens of that state. U.S Supreme Court defined "privileges and immunities" broadly as follows: protection by government, enjoyment of life and liberty, right to acquire and possess property, right to leave and enter any state, and right to the use of courts. • Full faith and credit clause-- means that any legislative enactment, state constitution, deed, will, marriage, divorce, or civil court judgment of one state must be recognized and honored in every other state. **Dose not apply to criminal cases or same sex marriages.
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3. Identify some of the reserved powers of the state.
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• Police power—(protection of the health, morals, safety, and convenience of citizens, and provision for the general welfare) • Taxing power—(raising revenue to pay salaries of state employees, meet other cost of the government, and repay borrowed money) • Propriety power—(public ownership of property such as airports, energy-producing utilities, and parks) • Power of eminent domain—( taking privet property for highway construction or other public use at a fair price)
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4. Describe federal-state relationships as an evolving process.
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• The framers of the U.S. constitution sought to provide a workable balance of power between national and state government that would sustain the nation indefinitely. The federal government used grants of money to the states to influence state policy making. Federal grant-in-aid gave states more financial assistance. The national government influence on state policy making widened, and the states control lessened in many areas.(National money to states with requirements) The latest development in federal-state relations -Devolution The underlying concept is to bring about a reduction in size and influence of the national government by reducing federal taxes and expenditures and by shifting many federal responsibilities to the states. In some cases federal programs are shared, whereby the states must match federal monies to benefit from a program, such as the CHIPS program. Another important feature of devolution is Congresses use of Block Grants -are fixed sums of money awarded according to an automatic formula determined by congress. (States decide how to spend money).
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• 1827, Constitution of Coahuila y Tejas
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-- 1821 Mexico free from Spain- Three years after Mexico gained independence from Spain; Mexican liberals established a republic with a federal constitution. The former Spanish provinces of Tejas and Coahuila became a single Mexican state and adopted its own constitution. Thus, the constitution of Coahuila y Tejas, promulgated in 1827, Texas's first experience with a state constitution.
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• 1836, Constitution of Texas Republic
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Because... Anglos desire for unrestricted trade with the U.S., Anglo attitudes of racial superiority, anger over Mexico's abolition of slavery, increasing numbers of immigrant settlers, and insufficient Anglo representation in the 12-member Texas-Coahuila legislature. At Washington-on-the-Brazos, a delegate convention of 59 Texans issued a declaration of independence from Mexico.
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• 1845, U.S. Constitution and became the 28th state of the United States.
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Because During it almost 10 year existence as an independent nation Texas was authorized by its voter to seek admission to the union. This set the stage for war between Mexico and the United States with regards to where the boundary lines would be drawn. *** the treaty of Guadalupe Hildalgo between Mexico and the united States was signed ** recognized The Rio Grande as Texas's Southern boundary *** rights of the Mexicans left behind.. one year to decide to return to Mexico or stay, right to citizenship... The first Mexican Americans.
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• 1861, the secession Constitution
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the civil war begins because of slavery and Texas secedes from the U.S. AKA the war of the states.
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• 1866, reconstruction constitution to restore Texas to the United States
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--- Southern States functioned under military government, No former Confederates.
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• 1869, Constitution
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centralized more power in state government, mandatory school attendance, and guaranteed a full range of rights for former slaves. During election Radical republicans took control and appointed E.J. Davis first republican governor of Texas.
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• 1876, Constitution
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--- because of abuse of power by E. J. Davis. Limited and controlled policy making by placing many restriction in the states fundamental law. State government could only exercise those powers listed in the state constitution.
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6. Identify some recent constitutional amendment proposals.
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• Setting limits on medical malpractice awards. • Ban same sex marriages. • Tax exemptions on property owned by religious groups • Freezing property tax for elderly and disabled homeowners • Permitting wineries to sell wine for consumption both on and off premises • Allowing homeowners to establish home equity line of credit.
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7. Trace the steps in the constitutional amendment process from legislative action to gubernatorial proclamation.
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• A joint resolution proposing an amendment is introduced in the House or in the Senate during a regular/special session called by the governor. • Two-thirds of the members must adopt the resolution. • The secretary of state prepares an explanatory statement that briefly describes the proposed amendment. • The explanatory statement must be published twice in Texas newspapers that print official state notices. • A copy of the proposed amendment is posted in each county court house at least 30 days before election. • The governor who has no veto power in the process, proclaims the amendment.
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8. List the principal events involved in the unsuccessful constitutional revision efforts in Texas between 1971 and 1975.
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• 1971—the most important effort involvd an amendment, adopted in 1972, establishing a six-member study committee. This committee appointed the 37 member Constitutional Revision Commission that produced a draft proposal for a new constitution, in ehich the Bill of Rights would remain unchanged. • The proposal was considered in 1974 by the 63 legislator, sitting as a constitutional convention. After the convention failed by three votes to approve a proposed constitution, the 64th legislator submitted a new constitution to Texas voters in the form of eight separate propositions, or amendments. In an election held in 1975, all of these propositions were rejected by overwhelming majorities.
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9. Describe Constitutional revision attempts by John Montford, Bill Ratliff, and Rob Junell in 1990s.
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• In 1995, Senator Montford drafted a streamline constitution with many of the same concepts as contained in the failed 1975 proposal, it also called for a voter referendum every 30 years (without legislative approval) on the question of calling a constitution revision. ** Montford resigned from the Texas senate and with issues as tax changes, welfare reform, and educational finances pressing for attention, the 75th legislature did not seriously consider constitutional revisions in 1997. • In 1998, Senator Bill Ratliff and Representative Rob Junell launched another attempt to revise the constitution and prepared a complete rewrite of the much amended 1876 document. Subsequently, they introduced another draft for consideration. It failed to muster enough support for serious consideration in committee and never received a floor vote in either legislative chamber.
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10. Describe some attempts at constitutional reform through piecemeal constitutional amendments.
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• The 65th legislature enacted into law two parts of the 1975 proposition defeated at the polls. 1 it established a procedure for reviewing states administrative agencies; the other 2 created a planning agencies within the office of governor. • The 66th legislator proposed six amendments designed to implements parts of the constitutional revision package rejected in1975. Three were adopted by voters and added to the Texas constitution. Established a single property tax appraisal district in each county Gave criminal appellate jurisdiction to 14 courts of appeals that formerly had exercised civil jurisdiction only. Allowed the governor restricted removal power over appointed statewide officials.
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11. Summarize important provisions of the Texas Bill of Rights.
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• It guaranties protection for the people and their property against arbitrary actions by state and local government. Included in these rights are freedom of speech, press, religion, assembly, and petition. The Texas Bill of Rights is similar to the one found in the U.S. constitution. • The rights of criminal and victims are more protected under Texas constitution • Equal right for women—Texas Equal Legal Rights Amendment =equal rights under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. • Prohibitions against imprisonment for dept., outlawry (putting a convicted person outside the protection of the law) and, transportation (punishing a convicted citizen by banishment from the state)
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12. Summarize provisions of the Texas Constitution for: the legislative, executive, and judicial branches of state government; suffrage; and local government.
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• The legislative=Bicameral legislature, composed of the House of Representatives with 150 members and the Senate with 31 members. • The Executive Department=The governor "shall be the Chief Executive officer of the state" but then shares the executive power with four others: the lieutenant governor, the attorney general, the comptroller of public accounts, and the commissioner of the General Land Office. • The Judicial Department=Texas joins Oklahoma as the only states in the country with two courts of final appeals: one for criminal cases (the court of criminal appeals) and one for civil cases (the supreme court of Texas). • Suffrage=the right to vote. The Texas constitution establishes qualifications for voters, provides for citizen voters registration, and governs the conduct of elections. *** has been amended to aolish the payment of poll tax or any form of property qualification for voting in the states elections, and to change the minimum voting age from 21 to 18.