Texas Politics, 12th Edition solutions manual and test bank Charldean Newell | David F. Prindle | James Riddlesperger

Texas Politics, 12th Edition solutions manual and test bank Charldean Newell | David F. Prindle | James Riddlesperger

CHAPTER 2

THE CONSTITUTIONAL SETTING

MULTI-MEDIA RESOURCE GUIDE

Web Page

www.cengage.com/politicalscience/newell/texaspolitics11e

Videos

ABC Texas Political Theatre DVD ISBN: 0495573108

Straight Shooting with Kay Bailey Hutchinson on Gun Control

U.S. Senator Kay Bailey Hutchinson from Texas supports the Second Amendment right to bear arms. States have power under the Tenth Amendment of the U.S. Constitution to exercise police power, which includes limiting the right of individuals to own and operate weapons; however, citizens have a right to protect themselves.

Print Resources

The Book of the States, 2010 Edition. Lexington, Ky.: The Council of State Govern­ments, 2010.

For comparative data on a wide variety of activities and attrib­utes of the states (including material on constitutions), The Book of the States is an unrivaled source.

Braden, George D., et al. The Constitution of the State of Texas: An Annotated and Comparative Analysis. 2 vols. Austin: Texas Advisory Commission on Inter­governmental Relations, 1977.

This work, a product of the constitutional revision efforts of the early 1970s, analyzes the Texas Constitution (as amended through April 1975) section by section, providing historical and explanatory notes, compari­sons with other state constitu­tions, and comments by the authors. Even a brief time spent browsing through these volumes is likely to yield some analysis and even a few anecdotes worth working into a lecture.

Fehrenbach, T. R. Lone Star: A History of Texas and the Texans. Updated Edition. Cambridge, MA: Da Capo Press, 2000.

Lone Star is the standard history of Texas and contains brief, very readable accounts of major constitutional developments, including a few pages devoted to the Constitutional Convention of 1875.

May, Janice C. The Texas Constitutional Revision Experience in the '70s. Austin, Texas: Sterling Swift Publishing Company, 1975.

Devoted primarily to recounting and analyzing the Constitutional Conven­tion of 1974, this book is also valuable for its concise introductory chapters on state constitu­tions and on the history of Texas constitutions.

Anderson, Adrian, Cary D. Wintz, Ernest Wallace, and Rupert N. Richardson, Texas: The Lone Star State, 10^th edition. Englewood Cliffs, NJ: Prentice Hall, 2009.

The Texas Almanac and State Industrial Guide, 1998-99. Dallas: The Dallas Morning News, 1997.

This standard reference work for the state has included the com­plete text of the Texas Constitu­tion as amended, until the 2000-2001 edition. It continues to summarize proposed amendments. Probably the most accessible source now for a most inaccessible constitution is on the state government’s Web page at http://www.constitution.legis.state.tx.us/.

OBJECTIVES

Upon completion of this chapter students will be able to:

· Understand the purposes of state constitutions and the extent to which these are reflected in the Texas Constitution

· Discuss the history of Texas constitutions

· Understand the key aspects of the present Texas Constitution

· Discuss why the constitution is so frequently amended

· Analyze the political process in involved in constitutional change

CHAPTER OUTLINE

I. Introduction

a) Texas and many other states have rigid constitutions requiring frequent constitutional amendments

b) A Constitution the basic law of a state or nation setting up structures and functions of government

II. Purposes of Constitutions

a) Legitimacy

i) Giving legitimacy to the government is the most abstract and ambiguous purpose served by con­sti­tu­tions.

ii) A government has legitimacy when its citizens accept its actions as moral, fair, and just.

iii) The requirements for governmental legitimacy vary according to what the citizens are willing to accept based of their history and political culture.

4. The traditionalistic/individualistic political culture is more dedicated to limiting government than the moralistic political culture.

b) Organizing Government

i) This purpose involves clarifying who the major officials are, how they are selected, and what the relationship is between those charged with basic governmental functions.

ii) Although the organizational provisions of state constitutions vary widely, they generally follow the model pro­vided by the U.S. Con­sti­tution by incorporating separation of powers with a system of checks and balances.

iii) Each state establishes an elected chief executive, a bicameral legisla­ture (except in Nebraska), and a judi­cial system with some type of supreme court.

4. In Texas, the traditionalistic and individualistic political cultures have dominated the constitutional process.

c) Providing Power

i) The Texas Constitution provides power for the state government sub­ject to the U.S. Constitution's divi­sion of powers between the national government and state govern­ments.

ii) Although states retain primary control over many types of activity, the power of state officials has been reduced by a combination of factors, including the expansion of the federal govern­ment's role in various areas. . Many federal rules have been incorporated to the states, meaning that states must adhere to the dictates of the federal bill of rights.

d) Limiting Governmental Power

i) Americans' history and national character support the belief in limited government that has produced bills of rights in both the U.S. and Texas constitutions and other constitutional protections against arbi­trary governmental action

ii) Reflecting popular dissatisfaction with Reconstruc­tion rule, the Texas Constitution limits government by being very speci­fic in its content.

III. Texas Constitutions

a) Introduction

i) Texas is currently governed by its sixth constitu­tion, compared to only two fundamental laws for the United States.

ii) The existence of five constitutions in the forty years prior to 1876 is evidence of the political turbulence in Texas during the period.

b) The Constitution of the Republic of Texas (1836-45)

i) After 131 years of Spanish rule and 15 years of Mexican rule, Texans declared their independence in 1836.

ii) The Constitution of the Republic of Texas was draft­ed soon after and ratified in September 1836.

iii) Its major features paralleled those of the U.S. Constitution, but the document also guaranteed the con­ti­nuation of slavery.

c) The "Statehood Constitu­tion" (1845-61)

i) Admission to the Union necessitated a new con­stitu­tion.

ii) The Constitution of 1845 was modeled after the constitutions of other Southern states.

iii) Embracing democratic principles of participation and elements of the 20th century administrative reform movement, this brief, clear document was regarded as one of the nation’s best constitutions at the time.

iv) Influenced by Jacksonian democracy, the "statehood constitution" made almost every office elective and limited by short terms.

d) The Civil War Constitution (1861-66)

i) Secession prompted the adoption of a slightly revised consti­tution.

ii) The Constitution of 1861 altered the 1845 document to further pro­tect slavery and to declare allegiance to the Confederacy.

e) The Reconstruction Constitution (1866-69)

i) A new constitution was rati­fied in an effort to meet the require­ments imposed by President Andrew Johnson on South­ern states for readmission to the Union.

ii) The provisions of this constitution did not satisfy the radical leadership of the U.S. Congress and so it was short-lived.

f) The Radical Reconstruction Constitution (1869-76)

i) The constitution drafted in 1868-69 contained many features, such as cen­tralized power, generous sala­ries for state officials, appointed judges, and annual legislative sessions, that modern reformers would like to see in a revised constitution.

ii) Although forward-looking in terms of power and orga­nization, this constitution was the least effective of the various Texas constitu­tions in promoting legitimacy since it was forced on the state by outsiders.

IV. The Present Texas Constitution

a) Historical Background

i) Sentiment favoring constitutional revision appeared as soon as Demo­crats regained control of the legisla­tive branch in 1872.

ii) Following the failure of a reform effort in 1874, a constitutional convention was organized in 1875.

(1) The 90 delegates, overwhelmingly conservative, reflect­ed the "retrench­ment and reform" philosophy of the Grange.

(2) The delegates' conservatism included a belief in white suprem­acy and a determination to limit the powers of govern­ment.

iii) The document produced by the convention contained many provi­sions restricting the government's powers, and especially those of the governor.

iv) The state's voters approved the document by a wide margin in February 1876.

b) General Features

i) The Texas Constitution contains a preamble and sixteen articles.

ii) Because the Constitution contains many details of policy and governmental organization to avoid abuse of governmental powers and to protect various private interests, it is a long and poorly organized document.

iii) The Constitution reflects the time of its writing, an era of strong conservative, agrarian interests and reaction to carpetbag rule.

iv) It contains many unenforceable provisions, known as deadwood, that conflict with the national Constitution.

v) The Constitution’s is poorly organized, difficult to read and interpret, and the second longest constitution in the nation.

c) Specific Features

i) The Texas Constitution is similar in many ways to the U.S. Constitution.

(1) Each government has executive, legislative, and judicial branches.

(2) Both are separation of power systems.

(3) Both include provisions against unequal or arbitrary government action.

ii) The two Constitutions differ with regard to providing power to government.

(1) The national Constitution is much more flexible in allowing government to act than is the state Constitution.

d) Bill of Rights

i) Article I of the Texas Constitution, like the national Bill of Rights, provides for equality under the law, religious freedom, due process, and free­dom of speech and press.

ii) It also protec­ts the mentally incompetent and provides specific guaran­tees such as the one pro­hibiting the outlawing of an individual from the state.

iii) The provisions of Article I are broadly supported by the state's citizens and have been left intact during modern constitutional revision efforts.

e) Separation of Powers

i) The separation of powers, outlined in Article II, is reinforced by checks and balances, many of which are the same as those found in the U.S. Constitu­tion.

ii) Because the concept of checks and balances involves assigning functions identified with one branch to another, powers are actually overlapping and shared rather than being truly separated.

f) Legislative Branch

i) Article III establishes a legislative body but, rather than emphasizing the positive powers of the legislature, the article spells out those specific actions that the legislature cannot take.

ii) Unlike the national Constitution which allows lawmaking to be handled through the regular legislative process, the Texas Constitution forces state government to resort to the constitutional amendment process.

iii) Article III also spells out a number of limita­tions on legislative powers, includ­ing the fol­low­ing:

(1) Regular legislative sessions occur only once every two years.

(2) The number of days allotted to particular tasks is specified.

(3) Legislators' salaries and per diem are described and, historically, could only be changed by con­sti­tutional amendment.

(4) The legislature may not authorize state borrow­ing.

(5) This article rather than the municipal corpora­tions articles includes provisions for municipal employees to participate in social security pro­grams.

(6) The legislature may not grant public monies to individuals, but exceptions are made for Confeder­ate soldiers, sailors, and their widows.

iv) Similar idiosyncratic provisions and limitations on legislative actions appear throughout the constitution.

v) Although detailed restrictions in this rigid docu­ment tie the hands of legislators, the legislature is nonetheless the dominant institution in the state.

g) Executive Branch

i) The constitution creates (in Article IV) a plural executive with the result that the executive branch is "frag­mented" and the governor has little or no control over other executive offi­cials.

ii) The constitution requires that the lieutenant governor, the comptroller of public accounts, the commis­sioner of the General Land Office, the attorney general, and members of the Texas Railroad Commis­sion be elected state­wide.

iii) Statutory laws require the election of the agri­culture commis­sioner and the members of the State Board of Educa­tion.

iv) Like the legislative article, the executive arti­cle is overly specific, making it difficult for the governor to act.

v) The governor does, however, possess significant legislative powers through control of special ses­sions and the veto and in recent years has been strengthened by amend­ments to lengthen the term of office to four years and provide powers of remov­al, and by legis­lation to provide greater control over major poli­cy boards.

h) Judicial Branch

i) The judicial article (Article V) is overly specific and includes such features as the requirement that each county have an elected sheriff.

ii) The judicial article has three distinctive features:

(1) It creates six types of courts and separate su­preme courts for civil and criminal matters.

(2) Different trial court levels are given concurrent jurisdiction, but some courts at the same level have different jurisdiction depending on whether they are constitutional or statutory.

(3) Judges’ qualifications may be compromised because those with no legal training may be eligible for a trial court bench and judges are elected and not appointed.

i) Local Government

i) The constitu­tion gives units of local government (counties, muni­ci­pali­ties, and special districts) varying degrees of flexibility.

ii) Counties, the administrative and judicial arms of the state, are most restricted as they are saddled by the constitution with a commission form of government.

iii) Cities have greater flexibility as those with populations over 5,000 are permitted to adopt home-rule char­ters.

iv) Special districts, of which school districts are the best known type, con­tinue to prolifer­ate be­cause they provide a way around tax and debt lim­its imposed on cities and counties.

j) Suffrage

i) Many of the provisions on voting and legislative apportion­ment in the constitu­tion have conflicted with federal law, such as provisions with respect to minimum voting age and property ownership as a requirement for voting in bond elections.

ii) The consequence of these conflicts has been frequent amendments and a constitution shot through with “temporary transition provisions’ to bridge the gap between state and federal law.

k) Amendments

i) Amendments to the constitution are proposed by an absolute two-thirds majority vote in both houses of the legislature and ratified by a simple major­ity vote in a statewide election.

ii) The 467 amendments in the Texas Constitution suggest that the amending process has occupied considerable legislative time and that it is increasingly relied upon to get something done in government.

iii) Although some streamlining of the state Constitution should ensue from a 1997 amendment that called for the elimination of obsolete provisions and duplicate numbers, most observers believe that more clean-up will be needed.

V. Constitutional Revision

a) Overview of the Need for Reform

i) While the framers of the U.S. Constitution provided only the essential structure of national government and broad powers to insure flexibility, the Texas Constitution is long, restrictive, confusing, and protects the concerns of vested interests and therefore requires frequent amending.

ii) State constitutions which were ratified more recently tend to have sound, workable constitutions while those, like Texas, which are older tend to be more problematic.

iii) Texas is not alone in having a proliferation of constitutional amendments, but the method of constitutional amendment is less likely to affect the frequency of amendment as much as the quality of the basic document.

iv) Reform advocates urge Texas to follow Alexander Hamilton’s prescription by adopting a new document that is general, flexible, and streamlined.

v) Proposals for reform focus on these problems:

(1) Biennial legislative sessions.

(2) Organization of the judicial system.

(3) The plural executive branch.

(4) The weakness of county governments.

(5) Excessive detail in the constitution.

b) Recent Reform Efforts

i) 1971-1974

(1) From 1971 to 1974, a major effort to revise the constitution was mounted as the legislature convened itself as a constitutional convention.

(a) The constitutional convention (the "Con-Con") was the product of a con­stitutional amendment autho­rizing the legislature to act.

(b) The Texas Constitutional Revision Commission, created by the same amendment, provided a detailed study that served as the basis for new constitutions proposed in 1974 and 1975.

(2) The proposal drafted by the constitutional convention, which never made it to the voters, was defeated because opponents were able to focus attention on the controver­sial pari-mutuel betting and right-to-work provi­sions.

ii) 1975

(1) Constitutional reform was revived by the legislature in 1975, but a proposal that included many of the changes suggest­ed by the 1973 Revision Commission was defeated two-to-one by the voters due to fears that the new document might promote more spending and allow greater govern­mental power.

iii) 1991-93

(1) From 1976 to 1991, little interest was shown in constitutional revision, both because the legislature was too concerned with more pressing problems and because the many groups with interests protected by the current constitution were not supportive of change.

(2) A constitutional reform proposal prepared by Senator John Montford for introduction in the 1993 legisla­tive session included the following provisions:

(a) Six-year Senate and four-year House terms with limits of two and three consecutive terms, respec­tively.

(b) A 60-day budget session of the legislature in even-numbered years.

(c) Authority for the legislature to meet to reconsid­er bills that were vetoed.

(d) The only elected executives to be the governor, lieutenant governor, and comptroller, each with a limit of two terms.

(e) Simplification of the judiciary and nonpartisan judicial elections.

(f) Creation of five regional university systems with each sharing in the Permanent University Fund (PUF).

(g) Ordinance power for counties, subject to local voter approval.

(2) More immediate problems crowded out consti­tutional revision in 1993 and 1995 and, after Montford left the legislature, revision was not even considered by the legislature in 1997.

(iv) 1999 and beyond

(1) In 1997 Representative Rob Junell was joined by Senator Bill Ratliff in proposing constitutional reforms that were similar to Montford’s but they, too, were withdrawn when it became apparent that support was thin.

(2) Although three powerful legislators in recent years have taken an interest in constitutional reform, nothing has come of their efforts due to lack of interest and the political conservatism of the state’s citizens.

(3) It is likely that constitutional amendments will continue to be the primary approach used to patch a creaky Texas Constitution.

VI. Constitutional Politics

a) Something for Everyone

i) Special interests view the constitution as a durable vehicle for their own policy concerns and therefore attempt to influence its content.

(1) One strategy is to seek to include in the consti­tution provi­sions that will result in economic benefits for the group.

(2) Using the constitution to prevent the state from acting (as with pari-mutuel betting before 1987 or with a state income tax more recently) is another method special inter­ests may employ.

(3) Altering existing constitutional provisions (such as the author­ization of bond sales to purchase land and provide home loans for veterans, limita­tions on welfare spend­ing, and restrictions on branch banking) is anoth­er means of advancing some special interest.

ii) Elected officials may also either support consti­tu­tional change in hopes of augmenting their pow­ers or oppose it in order to avoid losing powers.

b) The Political Process

i) The politics of constitutional change are much like the politics involved in other areas of public poli­cy.

ii) The issue of how building projects at state universi­ties are to be funded, resolved by a constitutional amendment adopted in 1984, provides an illustration of the process.

(1) The University of Texas at Austin and Texas A&M University at College Station were, constitution­al­ly, the sole beneficiaries of the $10 billion Permanent University Fund (PUF).

(2) After the state property tax, the primary source of funds for construction at other state universi­ties, was abolished in 1982, the legislature was forced to come up with an alternative source of funds.

(3) Ultimately, the various interest groups involved (including university alumni, taxpayers, business and industrial interests, minority interests, the House and Senate, the governor, and the Texas Higher Education Coor­dinating Board) settled on a plan whereby PUF coverage would continue for institutions in the UT and A&M systems and a separate capital fund would be established to cover other state institutions.

d. In 2001 the legislature changed the system to begin reducing the amount of appropriated funds that went into the Higher Education Fund and additional changes were made in 2003 that eliminated this special pot for construction dollars at non-PUF schools and shifted emphasis to research-only funding.

e. Consequently, university students outside the UT and A&M systems have faced higher fees and tuition that are in part pledged to construction bonds.

VII. Summary

CHAPTER 2

The Constitutional Setting

TRUE/FALSE

1. Most states, including Texas, no longer have unenforceable constitutional and statutory provisions that conflict with federal laws.

ANS: F PTS: 1 REF: 39

2. The first purpose of a constitution is to give legitimacy to the government.

ANS: T PTS: 1 REF: 40

3. The traditionalistic/individualistic political culture is dedicated to unlimited governmental action.

ANS: F PTS: 1 REF: 40

4. In Texas, the traditionalistic-individualistic political culture resulted in a heavy emphasis on limiting government’s ability to act.

ANS: T PTS: 1 REF: 40

5. Article I, Section 8 of the United States Constitution expressly grants certain powers to the national government and implies a broad range of additional powers through the “necessary and proper” clause.

ANS: T PTS: 1 REF: 41

6. Both the Texas Constitution and the U.S. Constitution are based on the principle of separation of powers.

ANS: T PTS: 1 REF: 41

7. The incorporation of the Bill of Rights has required Texas to apply national provisions to state criminal cases.

ANS: T PTS: 1 REF: 41

8. The Texas Constitution is much more flexible in allowing government to act than the national Constitution.

ANS: F PTS: 1 REF: 43

9. The Constitution of 1869 was heavily influenced by Jacksonian democracy, which produced long ballots, short terms of office for lawmakers, and the expansion of voting rights.

ANS: F PTS: 1 REF: 44

10. Because Texas allowed slavery, northern states delayed Texas statehood for a decade.

ANS: T PTS: 1 REF: 44

11. Texans resented the Constitution of 1869 because the document was forced on the state by outsiders, known as “carpetbaggers.”

ANS: T PTS: 1 REF: 44

12. Delegates to the 1875 Constitutional Convention, reflecting the philosophy of the Grange, were overwhelmingly liberal.

ANS: F PTS: 1 REF: 45

13. Article II of the Texas Constitution describes the positive powers of the Texas legislature.

ANS: F PTS: 1 REF: 46

14. The Texas Constitution has been amended over 460 times.

ANS: T PTS: 1 REF: 46, 55

15. The Texas Constitution is shorter in length than the U.S. Constitution.

ANS: F PTS: 1 REF: 47

16. In spite of its length, the Texas Constitution is a well organized document.

ANS: F PTS: 1 REF: 47

17. The Texas Bill of Rights provides for equality under the law, religious freedom including separation of church and state; due process for the criminally accused, and freedom of speech and of the press.

ANS: T PTS: 1 REF: 47, 48

18. Because they feared the possible abuse of power by the government, the framers of the Texas Constitution did not include checks and balances among government branches in the document.

ANS: F PTS: 1 REF: 48

19. Rather than granting broad powers, the legislative article of the Texas Constitution emphasizes the specific actions the legislature may not take.

ANS: T PTS: 1 REF: 50

20. Little similarity exists between the provisions for the executive branch in the Texas Constitution and in the national Constitution.

ANS: T PTS: 1 REF: 50

21. The Texas Constitution requires that the comptroller of public accounts and the attorney general be elected statewide.

ANS: T PTS: 1 REF: 51

22. Texas has a plural executive.

ANS: T PTS: 1 REF: 51

23. The Texas Constitution provides enough formal powers to make the state’s governor one of the strongest in the country.

ANS: F PTS: 1 REF: 51

24. The judicial article of the Texas Constitution creates two supreme courts.

ANS: T PTS: 1 REF: 52

25. Qualifications for Texas judges stated in the Texas Constitution often allow those with no legal training to be eligible for a trial court bench.

ANS: T PTS: 1 REF: 52

26. Forms of local government authorized by the Texas Constitution include counties, municipalities, and special districts.

ANS: T PTS: 1 REF: 53

27. Home Rule cities have very limited powers and cannot write their own city laws.

ANS: F PTS: 1 REF: 53

28. Amendments to the Texas Constitution are proposed by an absolute two-thirds majority vote in both houses of the legislature.

ANS: T PTS: 1 REF: 54

29. Unlike other laws, constitutions tend to be immune to political pressures.

ANS: F PTS: 1 REF: 61

30. In the amending process, special interest groups typically set aside their own particular political, social, or economic viewpoints in order to promote the broader public interest.

ANS: F PTS: 1 REF: 61

MULTIPLE CHOICE

1. Article VI of the U.S. Constitution provides that in the case of a conflict between the U.S. Constitution and a state constitution,

a.	the U.S. Constitution invariably takes precedence.
b.	the state constitution invariably takes precedence.
c.	the issue involved determines which document takes precedence.
d.	the question of precedence must be settled by the U.S. Congress.
e.	the question of precedence must be settled by the state legislature.

ANS: A PTS: 1 REF: 39

2. When the acts of the government are accepted by the citizens as moral, fair, and just, the government is said to have

a.	sovereignty.
b.	authority.
c.	legitimacy.
d.	justice.
e.	all of the above.

ANS: C PTS: 1 REF: 40

3. The traditionalistic-individualistic political culture of Texas resulted in a constitution

a.	that centralizes power in the governor.
b.	with a heavy emphasis on limiting government’s ability to act.
c.	that does not have a bill of rights.
d.	with unlimited controls on spending.
e.	with a high degree of flexibility.

ANS: B PTS: 1 REF: 40

4. Constitutions serve to

a.	give legitimacy to the government.
b.	organize the government.
c.	grant specific powers to the government.
d.	limit the power of the government.
e.	all of the above.

ANS: E PTS: 1 REF: 40–42

5. In the United States, checks and balances allow each branch of government to restrain the other branches and in so doing support the principle of

a.	separation of powers.
b.	popular sovereignty.
c.	legitimacy.
d.	judicial review.
e.	national supremacy.

ANS: A PTS: 1 REF: 41

6. “Incorporation” means that the _____ limits state government powers.

a.	supremacy of the laws clause
b.	“necessary and proper” clause
c.	“full faith and credit” clause
d.	preamble
e.	Bill of Rights

ANS: E PTS: 1 REF: 41

7. The ____ provided for appointed judges and annual legislative sessions.

a.	“statehood” Constitution” of 1845
b.	Civil War Constitution of 1861
c.	Constitution of 1866
d.	Constitution of 1869
e.	Constitution of 1876

ANS: D PTS: 1 REF: 44

8. Which of the following were most influential in initiating and shaping the outcome of the Texas Constitutional Convention of 1875?

a.	Members of the Grange
b.	Radical Republicans
c.	Mexican Americans
d.	Union Army veterans
e.	Former slaves

ANS: A PTS: 1 REF: 45

9. The constitution adopted in 1876 included provisions to do all of the following except

a.	set the salaries of elected officials in the constitution.
b.	establish a state debt ceiling.
c.	limit the governor’s term to two years.
d.	hold annual regular legislative sessions.
e.	limit the number of executive appointments the governor may make.

ANS: D PTS: 1 REF: 45

10. The twenty counties that voted against ratification of the constitution in 1876 were

a.	located in West Texas.
b.	located in South Texas.
c.	urban.
d.	rural.
e.	divided between rural and urban areas.

ANS: C PTS: 1 REF: 45

11. By mid-2011, the Texas Constitution had been amended ____ times.

a.	42
b.	189
c.	241
d.	467
e.	620

ANS: D PTS: 1 REF: 46

12. Article I of the Texas Constitution contains

a.	provisions pertaining to the legislative branch.
b.	provisions pertaining to the executive branch.
c.	provisions pertaining to the judicial branch.
d.	provisions pertaining to the amending procedure.
e.	the Texas Bill of Rights.

ANS: E PTS: 1 REF: 46

13. The Texas Constitution and the U.S. Constitution are alike in that

a.	both provide for a chief executive able to control the executive branch.
b.	both specify the salaries of members of the legislative branch.
c.	both divide governmental functions among three branches.
d.	neither provides for an elected judiciary.
e.	neither protects against discrimination based on gender.

ANS: C PTS: 1 REF: 47

14. The Texas Constitution specifies that ____ is/are to be elected.

a.	the lieutenant governor
b.	the comptroller of public accounts
c.	the Commissioner of the General Land Office
d.	the attorney general
e.	all of the above

ANS: E PTS: 1 REF: 51

15. The plural executive of Texas has resulted in an executive branch that is

a.	centralized.
b.	fragmented.
c.	a cabinet form of government.
d.	the strongest in the nation.
e.	modeled on the U.S. presidency.

ANS: B PTS: 1 REF: 51

16. The judicial article of the Texas Constitution creates

a.	two supreme courts.
b.	trial courts with overlapping jurisdiction.
c.	an elected judiciary.
d.	a requirement that sheriffs be elected in each county.
e.	all of the above.

ANS: E PTS: 1 REF: 52

17. Home rule refers to

a.	the power of the legislature to control cities.
b.	the authority of a local government to write its own charter and make changes in it without legislative approval.
c.	the right of homeowners to own guns.
d.	the authority of the national government to provide homeland security.
e.	the homestead exemption on property taxes that is available to senior citizens.

ANS: B PTS: 1 REF: 53

18. The Texas Constitution requires that all ____ be governed by a commission that combines executive and legislative authority and is headed by a judge.

a.	counties
b.	municipalities
c.	general-law cities
d.	special districts
e.	school districts

ANS: A PTS: 1 REF: 53

19. The Texas Constitution establishes limited-purpose local governments with taxing authority known as

a.	municipalities.
b.	general-law cities.
c.	unincorporated townships.
d.	special districts.
e.	counties.

ANS: D PTS: 1 REF: 53

20. Amendments to the Texas Constitution may be proposed by

a.	the legislature only.
b.	either the legislature or the governor.
c.	either the legislature or the state’s voters.
d.	either the governor or the state’s voters.
e.	the Supreme Court only.

ANS: A PTS: 1 REF: 54

21. Those who advocate reform of the Texas Constitution generally focus on which of the following issues?

a.	Biennial legislative sessions
b.	Excessive detail in the Constitution
c.	The plural executive branch
d.	Weak county governments
e.	All of the above

ANS: E PTS: 1 REF: 57

22. The last time Texans had an opportunity to vote on a new constitution was

a.	1932.
b.	1954.
c.	1969.
d.	1975.
e.	1984.

ANS: D PTS: 1 REF: 58

23. Special interests in Texas often attempt to have policies favoring them included in the constitution because

a.	there is great prestige in having their “own” provisions in the constitution.
b.	the constitution is more difficult to change than ordinary laws.
c.	constitutional amendments can be approved more quickly than ordinary laws.
d.	voters tend to pay little attention to what is done to the constitution.
e.	all of the above.

ANS: B PTS: 1 REF: 61

24. Which of the following are strategies used by groups to embed their particular policy concerns in the Constitution?

a.	Secure a provision that will result in economic gains for the group
b.	Prohibit the state from taking a particular action
c.	Secure tax relief
d.	Advance a special interest that is already the subject of a constitutional guarantee
e.	All of the above

ANS: E PTS: 1 REF: 61

25. The legislative article of the Texas constitution

a.	places term limits on state legislators.
b.	provides for long and frequent legislative sessions.
c.	allows legislators to set their own salaries.
d.	emphasizes the positive powers of the legislature.
e.	places innumerable restrictions on legislative action.

ANS: E PTS: 1 REF: 65

ESSAY

1. One of the purposes of constitutions is to limit governmental power. In your essay, identify and explain the concepts of the Texas Constitution that serve to limit governmental authority.

ANS:

Students’ answers will vary.

PTS: 1

2. Texas has had six Constitutions, beginning with the Republic of Texas Constitution in 1836. In your essay, discuss the factors that have required new constitutions to be written. How did the various constitutions reflect the politics of the time in which they were written?

ANS:

Students’ answers will vary.

PTS: 1

3. Compare and contrast the Texas Constitution with the U.S. Constitution? How are the provisions related to the legislature, the executive branch, and the judiciary similar, and how are they different, in the two documents? What effect have changes in the U.S. Constitution had on the Texas Constitution?

ANS:

Students’ answers will vary.

PTS: 1

4. How is the Texas Constitution amended? Discuss what accounts for the frequency of amendment to the Texas Constitution compared with the infrequency of amending the U.S. Constitution.

ANS:

Students’ answers will vary.

PTS: 1

5. How is the Texas Constitution viewed by special interest groups in the state? What are the advantages and disadvantages to interest groups in having their particular concerns addressed in the constitution?

ANS:

Students’ answers will vary.

PTS: 1