GOVT 2306-Chapter 2-Lehmann – Flashcards
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Why did we need to abolish the county Office of the Inspector of Hides and Animals?
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The office had been officially vacated with the passage of a new Agricultural Code that eliminated the office.
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What is a constitution?
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The legal structure of a government, which establishes its power and authority as well as the limits on that power.
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What important functions do state constitutions perform?
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They legitimate state political institutions by clearly explaining the source of their power and authority. They delegate power to institutions. They provide checks and balances. They define the limits of political power.
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What is Federalism?
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A system of government in which power is divided, by a constitution, between a central government and regional government.
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How does the Supremacy Clause spell out which level of government is supreme in federal questions?
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The constitution and all laws passed by the national government and all treaties are supreme law of the land and superior to all laws adopted by any state or any subdivision.
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How did the Civil War answer some questions about the nature of our federal system?
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The Civil War decided if were a unitary gov't or a confederation with the passing of the 14th amendment.
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How did the necessary & proper clause change the balance of power in our federal structure?
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It gave Congress the authority to make laws "necessary & proper" to carry out its powers. This left room for an enormous expansion of central gov't activities.
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Under the Constitution of Coahuila y Tejas where was the capital of our state?
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Saltillo, Mexico
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Where was the Texas Declaration of Independence written?
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Washington-on-the-Brazos (3/2/1836)
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Why did Texas need a new constitution in 1836?
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They needed a new constitution bc Mexico was being ran as a military tyranny that combined "despotism of the sword and priesthood."
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Was this 1836 Constitution long and detailed or brief and flexible?
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Brief & flexible. >6500 words.
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When did Texas become a state in the US?
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March 1, 1845
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What issue kept Texas from being annexed sooner?
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They didn't want to add another slave state to the Union.
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What were the unusual provisions in Texas' 1845 Constitution?
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They ceded to the US all military bases a facilities pertaining to public defense. Texas kept all vacant land and Texas debt. Texas was able to split into 5 states when the population increased.
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Why was a new constitution necessary in 1861?
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Texas seceded to the Confederacy.
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What types of people dominated the secession convention?
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40% lawyers. 70% slave owners.
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Why was the 1869 Constitution needed?
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To meet the requirements of the Congressional Reconstruction Acts of 1867.
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What political party dominated at the 1869 convention?
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Radical Republicans-a bloc of Republicans in the US Congress who pushed through the adoption of black suffrage as well as extended period of military occupation of the South following the Civil War.
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Who made up the Grange and what effect did they have on the writing of Texas' current constitution?
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The Grange was a militant farmers' movement of the late 19th century that fought for improved conditions for farmers. They made sure that small farmers' interest were considered.
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Was it short and flexible or long and detailed?
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Long and detailed.
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Roughly how many times has the current Texas constitution been amended?
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765 amendments. 483 approved. 282 defeated.
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What is the concept of limited government?
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A government whose powers are defined and limited by a constitution.
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What was the goal of the US Constitution?
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It was written to overcome the liabilities of the Articles of Confederation and create a gov't that could act effectively in the public welfare in a variety of policy areas.
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What was the goal of the current Texas Constitution?
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It was written to prevent the expansion of governmental authority and the return of a system of political power that was perceived as acting against the interest of the people.
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How is the goal of Texas' Bill of Rights different from the US Bill of Rights?
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It was to limit the way political power is used and to prevent it from being abused.
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What is the separation of powers?
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3 distinct branches: legislative, executive and judicial.
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Does the Texas Constitution make it easy or hard to change the salary of Texas' legislators?
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Hard.
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What is the plural executive?
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An executive branch in which power is fragmented because the election of statewide officeholders is independent of the election of the governor.
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And how is it different from the US executive branch?
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The US gives the President its power.In Texas, the Lt. Governor has majority power.
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Be able to describe the steps necessary to amend the Texas Constitution.
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1) Legislature must meet to propose an amendment. 2) Two-thirds must approve from each house. 3) Must be published twice in a state approved newspaper. 4) Must be approved by a majority of state voters.
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How did the Sharpstown scandal affect the public's mood about the Texas legislature?
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Texans want to "throw the rascals out!" Texas sized "Watergate." It stopped second constitution rewriting
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What percentage of voters bothered to vote in the 2013 constitutional amendment elections?
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8%
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Why are the turnouts usually so low?
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1) Elections are held in off years with less money being sunk into advertising. 2) Many amendments are relatively insignificant to voters.
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Why was the turnout in 2005 higher than 2003?
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Proposition 2 (same sex marriage) was on the ballot.
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Which proposed 2005 Amendment was probably behind the surge?
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Proposition 2
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Was that 2005 amendment passed by a slim or large margin?
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Large (3:1)
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Federal Government
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Ones where the states share power with a central government.
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Unitary Government
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Central gov't has all or most of the power.
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Confederation
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States have all or most of the power.
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3 powers of the central government?
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1) Coin money 2) Make war 3) Regulate Interstate Commerce
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National Supremacy Clause
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Hierarchy A) U.S. Constitution B) U.S. laws C) State constitutions D) State laws
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10th Amendment
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Put clear limits on central government power.
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What years were all the Texas constitution?
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1827-Mexican Constitution 1836-Independent Nation 1845-Statehood 1861-Confederacy 1866-Attempted (Reconstruction) 1869-Republican 1876-Current
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The first attempt try at rewriting the current Texas constitution was in what years?
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1967 (John Connelly)
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Who oppossed the 1975 constitution?
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Gov. Dolph Briscoe
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House Bill 72
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No pay, no play.
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Which Governor was hated during reconstruction?
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Edmund J. Davis
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1974 attempt to amend constitution.
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Second attempt
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The third attempt was in what year?
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1975
