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Where do you think this image is from?
Warm-up March 1, 2017 Where do you think this image is from? How would the government be able to prevent this from happening?
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Write the following in at least 1 paragraph:
Warm-up March 1, 2017 Write the following in at least 1 paragraph: Do you think government is important? Why or why not?
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Constitutions in Texas History
Constitution of 1824 Constitution of Coahuila y Tejas (1827) Constitution of the Republic of Texas (1836) Constitution of 1845 Constitution of 1861 Constitution of 1866 Constitution of 1869 Constitution of 1876 A national constitution that governed the Republic of Mexico Promised the rights of liberty, property, and equality Split government into three branches; legislative, executive, and judicial Gave Texas its first state government Written when Texas seceded from the United States Written after defeat in the Civil War Forbade slavery Includes a Bill of Rights similar to the Bill of Rights in the U.S. Constitution
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Comparison of U.S. and Texas Constitution
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Texas Constitution U.S. Constitution Differences
state constitutions have been rewritten several times TX. Constitution is very long because too much policy is spelled out (TX. = 80,000 words long, over 400 Amendments U.S. Constitution has not been rewritten U.S Constitution is short, about 7,400 words, with only 27 Amendments
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Texas Constitution U.S. Constitution Differences
Constitution change/grow through 1 method: Numbered amendment May not make laws that go against the U.S. Constitution Written in 1876 (last), Texas has had 8 constitutions, Limits governor power Constitution change/grow through 2 methods: 1. Numbered amendment 2. Judicial interpretation Highest law of the land Written September 17, 1787 ratified and became effective March 4, 1789
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U.S. Constitution Texas Constitution Similarities Bicameral Plan of government Makes a government legal Clear duties of major officials How voters select officials Limit the power of government Three branches of government Bill of Rights The group of white males involved in the writing of the Constitution is generally referred to as the "framers".
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Government Under the Constitution
The Texas Constitution The Texas Bill of Rights protects religious freedom, freedom of speech and the press, and the right to assemble peacefully. It also protects the rights of the mentally ill or mentally challenged, and bans unequal treatment based on gender. The Texas constitution splits the government into three branches: legislative, executive, and judicial. This division is known as separation of powers; it prevents any one branch from having too much power. Texas uses checks and balances to limit government power. Each branch of government is able to block the actions of the others. This ensures that no branch becomes too powerful.
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Seven Basic Principles of Government
Popular Sovereignty The principle that government gets its authority from the people, therefore people have a right to change or abolish their government. Limited Government The principle that government has only the powers that the Constitution gives it. Everyone, no matter how important, must obey the law. Separation of Powers The idea of limiting government power by dividing it among different branches of government. Checks and Balances Each branch of government has power to check, or limit, actions of the other branches. Federalism The principle of dividing power between the federal government and the states. Republicanism A form of government in which citizens elect representatives to carry out their will. Individual Rights Individual rights include freedom of speech, freedom of religion, and the right to trial by jury.
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Limited Government Government has only the powers the constitution gives it. In contrast to kings who had absolute (complete) power
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Limited Government: Examples
A person cannot be convicted of a crime without proof The government cannot violate the Bill of Rights Governors and the President can only serve a set number of years Government doesn’t set prices
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Individual Rights All people have equal rights and deserve fair treatment
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Individual Rights: Examples
Bill of Rights, such as freedom of speech and religion 14th amendment which gives all citizens equal rights All children in America have an equal right to an education
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Popular Sovereignty The government gets its authority from the people
Popular—the people Sovereignty—highest authority The first 3 words of the U.S. Constitution are “We the People”
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Popular Sovereignty: Examples
Voters must approve all amendments to the constitution, both U.S. and Texas In the 1850’s, voters in some territories decided whether or not to allow slavery Voicing opinions about government
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Republicanism Also called republican form of government
Citizens elect representatives to carry out their will
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Republicanism: Examples
Texans elect representatives from 36 districts to work in the U.S. House of Representatives Voters in Texas elect members of the State Board of Education Voters choose a President of the U.S. every 4 years.
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Federalism The national and state/local governments share power
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Federalism: Many Governments
Does each individual have the most influence in the U.S, state, or local government?
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Separation of Powers The division of the functions of government among 3 branches in order to prevent any one branch from having too much power
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Separation of Powers: Examples
The legislative branch passes laws The executive branch enforces laws The judicial branch interprets the law The governor is the head of the executive branch
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Checks and Balances A system in which each branch of government has the power to block the actions of the others
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Checks and Balances: Examples
The President can veto bills passed by Congress The legislature can override a governor’s veto The governor can call the legislature into special session The Texas legislature must approve people appointed to boards
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The Texas Constitution Today
Constitutional Amendments Texas lawmakers have added more than 450 amendments to the state constitution over the years. The legislature has to propose and pass any potential changes to the constitution. The voters must approve them. Calls for Reform Texas lawmakers wrote a new constitution in The legislature failed by three votes to pass the document. Without the legislature’s approval, it could not go to the people for a vote. Texas continues to be governed by the Constitution of 1876.
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1) What is a constitution?
Warm-up March 2, 2017 1) What is a constitution? 2) What are the basic structures of the state government as set out in the Texas Constitution? 3) What rights do you think the Texas Constitution should add for individuals?
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Organization of the Legislature
The Texas legislature is bicameral. It has two chambers: the House of Representatives, which has 150 members, and the Senate, which has 31 members. Texas Legislature Term 4 years 2 years Age 26+ 21+ Residency 5+ years 2+ years Sessions Once every two years for 140 days Senate House of Representatives U.S. Congress Term 6 years 2 years Age 30+ 25+ Residency 9+ years as U.S. citizen; must live in state at time of election Sessions At least once each year; no time limit Senate House of Representatives 7+ years as U.S. citizen; must live in state at time of election
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Leadership and Committees
Members of the Texas House of Representatives elect a Speaker of the House. The speaker keeps order during all proceedings, appoints members of all house committees, and decides which committees will review each bill. A bill is a proposed law. Committees The House of Representatives and the Senate divide their work among committees. Each committee considers different kinds of bills. The heads of committees choose which bills to consider. Most committee leaders have seniority. This is a high rank earned by long service. Interim committees work when legislature is not in session. Select committees – temporary groups that deal with special issues.
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How Bills Become Law Bill is introduced in either the House of Representatives or the Senate Committee studies bill, at which time the public may be present. Chamber debates the bill. The public may be present to show support or to oppose. If passed, the bill is sent to the other chamber. There, a similar procedure takes place. If passed with amendments, bill is returned to the original chamber. If members approve of the changes, it is sent to the governor. If passed without amendments, bill goes straight to the governor. Governor may veto, sign, or not sign the bill. If not vetoed, the bill becomes law on January 1 of the next year.
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The State Budget Preparing a Plan
The Legislative Budget Board presents its budget plan to the legislature. Standing committees in the House and Senate review the plan and make changes. Both houses must approve the budget for it to become law. The Texas constitution requires a balanced budget. The state cannot spend more than it takes in from taxes and other sources. Approving Appointments Committees use their budget power to keep tabs on government agencies. The Sunset Act states that an agency must cease to exist after 12 years unless the legislature votes to renew it. This allows lawmakers to change or get rid of an agency. The Senate has the power to advise and consent. It must approve the governor’s choice of individuals before they can head state agencies.
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The Office of Governor Selecting a Governor
The people of Texas elect the governor. A candidate must be at least 30 years old. must be a United States citizen. must be a Texas resident for at least five years. Each governor serves a four-year term. State lawmakers set the governor’s salary. The governor lives in the executive mansion in Austin.
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Power of the Governor Message power – can use public recognition to promote new laws or programs Can veto (stop a bill before it becomes law) a bill Line-item veto – can reject parts of a bill and accept others Can call legislature into special session Legislative Power Is commander-in-chief of the Texas National Guard Can declare martial law (temporary rule by the military, used only in times of great danger) Can appoint state officials Executive Power Can grant pardons (a release from punishment for a crime) Can postpone or reduce the sentence of those convicted of crimes Can delay an execution for 30 days Judiciary and Other Powers
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Other Powerful Members of the Executive Branch
Acts as governor when the chief executive is absent Serves as head of the Senate Serves as the state’s chief lawyer Defends the Texas government in civil law Gives legal advice to state agencies Serves as chief tax collector in the state Estimates the state’s income two years into the future Authorizes payment of bills Oversees banks in the state Handles the use of state lands Issues land grants for grazing, oil drilling, other uses Enforces the laws and rules that deal with farms and ranches Handles matters that involve elections Maintains a file on the formal acts of the governor and the legislature Publishes state laws and grants charters to companies Lieutenant Governor Attorney General Comptroller Treasurer Commissioner of the General Land Office Commissioner of Agriculture Secretary of State
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Boards and Commissions
Boards and commissions regulate many trades and professions. The governor appoints many of the members of these groups. Some are elected by voters. Key boards and commissions include: The Railroad Commission The State Board of Education
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Texas Law Civil Law Cases
Involve disputes between two or more people or groups Include disputes over property rights, family matters, personal injury, or civil rights May be decided by a judge or a jury Plaintiff: the party who claims to have been harmed Defendant: the party accused of wrongdoing
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Texas Law Criminal Law Cases Misdemeanors Lesser crimes
Punishable by fines or a light jail sentence To charge a person with a misdemeanor requires a complaint, a sworn statement that there is evidence that the accused committed a crime. Felonies Major crimes Punishable by a jail sentence or the death penalty Capital offenses: serious offenses, such as murder, that may be punishable by death A grand jury (a group of at least 12 citizens) charges a person with a felony. The grand jury prepares an indictment (formal charge of wrongdoing) if there is enough evidence.
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Texas Law Trials Trials do not settle all cases.
Plea bargain: an agreement between the state and the defendant that benefits both parties. Plea bargains are used to avoid going to trial. Eligibility for jury duty: a person must be at least 18 years old, an U.S. citizen, and a resident of Texas. Convicted felons may not be jurors.
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The Court System Texas has two types of courts: trial courts and courts of appeal. Trial courts hear cases and reach verdicts. Courts of appeal review cases first heard in trial courts. Justice of the Peace Municipal Courts County Courts District Courts Appeals Courts Deals with minor offenses that are punishable by fines and civil cases involving small sums of money Try minor crimes, such as violations of traffic laws County courts at law hear civil cases that involve amounts up to $100,000 Constitutional county courts hear small civil cases The main trial courts in Texas Try all felony cases and all civil cases involving divorce or ownership of land Hear criminal and civil cases Hear appeals of all criminal and civil cases from county and district courts
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Warm-up March 3, 2017 What individual right do you think is the most important one to have today? Which branch of government should have the most power? Why? Be prepared to defend your answer. Should the state or the federal government have more power? Why? Be prepared to defend your answer.
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County Government County governments keep state records, collect taxes, issue licenses, and run elections. Most major county officials are elected. The commissioners court is made up of a county judge and four elected commissioners. This judge is the most powerful local official in most counties. The sheriff is the top law enforcer. He appoints deputies and jailers. The county attorney prosecutes people who break the law. The county clerk keeps records of all legal documents and issues marriage licenses. The treasurer controls the inflow and outflow of tax dollars. The tax assessor-collector collects property taxes. County government is funded through property taxes, state and federal funding, sales taxes, and sometimes, voter-approved bonds.
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City Government Forms of City Government
Mayor-council: a government led by an elected mayor and a group of lawmakers called a city council. Council-manager: a government in which the mayor has limited power and a city manager takes care of the city’s affairs. Paying for City Government Property taxes: one of the most important sources of money for city governments. Franchise tax: a tax on certain types of companies that do business in a city. Fees: amounts charged for permits and licenses to operate some businesses.
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Special Districts Special districts are local governments that perform certain functions. Special districts include community college districts, hospital districts, and rural fire prevention districts. The most common type of special district is the independent school district. Texas has more than 1,000 Independent School Districts. Their function is to oversee public schools. Their goal is to ensure that all Texas students receive a quality education.
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1) Who governs our area at the local level?
Warm-up March 6, 2017 1) Who governs our area at the local level? 2) Where does the school district get the money to operate? 3) What are the two ways to become a citizen in the United States?
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What Is a Citizen? A citizen is a person who owes loyalty to a particular nation and is entitled to all its rights and protections. To be a United States citizen: You were born in the United States or at least one parent is a citizen. You were naturalized, that is, you have completed the official legal process for becoming a citizen. Many immigrants—people who enter another country to settle there—become naturalized citizens. First, immigrants may have permission to stay in the country as resident aliens, or noncitizens living in the country. You were 18 or younger when your parents were naturalized.
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Democratic Values Basic Values Such as honesty and compassion
Patriotism A feeling of love and devotion toward one’s country; inspires Americans to serve their nation Respect For ourselves, our families, our neighbors, and other members of our community Responsibility Both personal and public responsibility; responsibility for ourselves and the consequences of our actions Courage Physical and moral courage; doing the right thing even when it is unpopular, difficult, or dangerous Civic Virtue—a willingness to work for the good of the nation or community even at great sacrifice.
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Responsibilities of Citizenship
Voting Citizens must study the candidates and issues in order to make responsible choices. Obeying the laws We give the government the power to make laws for us, so we have a duty to obey the laws. Defending the nation Citizens must help defend the nation against threats to its peace or security, such as by serving in the military. Serving the community Many citizens offer their time and talents to improve their communities and help others. Being informed Citizens cannot protect their rights unless they know what they are and stay informed. Serving on a jury Citizens must take time out from their work and personal lives for jury duty, serving on a jury when called.
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