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Class Notes Oct 14-23 Government and State Law

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Class Notes Oct 14-23 Government and State Law

Uploaded by

Hieu Minh Nguyen
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 14

Week 6 online:

- the plural executive: divide executive power among multiple independently


elected officials.
- Gubernatorial during the session, there was no Republican governor from 1875 to
1978 quick reminder, we discussed Edmund David, who was the last Republican
governor for a century.
- here's some famous governor:
1. Rick Perry is the longest serving governor. The important thing to remember
about Perry is:
- He was lieutenant governor when Bush decided to run for president after
Bush and Perry won election, I think Bush was re elected governor. I think Perry was
elected Lieutenant Governor for the first time in 1998 and as Bush was out
campaigning, Perry was basically running the state as lieutenant governor,
- Longest serving governor
- Starting in the United States Air Force
- His political career began in 1985 as a representative for a rural West Texas
district in the state House of Representatives.
2. Ann Richards
- She was not the first female governor, but she was a famous governor,
famous, really, nationally renowned politician, at least among Democrats during the
late 80s and early 90s.
-She beat Clayton Williams for President, for governor in 1992 and serve one
term before being beaten by the guy at the bottom of this list, George W Buch
- Her greatest contribution was diversifying the executive branch and
the staff that was serving her and providing opportunities for women and minorities.
3. James Ferguson,
- The only Governor impeached 1917 he got crossways with the Texas,
University of Texas Board of Regents, and also there were some budgetary matters,
some possible fraud or just money if they could find so he was can be impeached
and convicted,
- Removed from office and eventually replaced by his wife, Miriam offers who
was the first female governor in Texas,
4. Miriam Ferguson:
- The first female governor in Texas and she served without issue.
5. John Connolly
- He served a few terms in the 60s. He was the governor riding with John F
Kennedy when Kennedy was shot, and Conley was shot as well.
- And so he was had to go to the hospital after that fateful day in november of
1963 but he switched to the Republican Party.
- Later he became a member of President Reagan's captain.

6. Bill Clements.
- Bill Clements: in 1978 he served as the first Republican governor in over
100 years. In over a century.
- Until 1982 he lost to a gentleman named Mark White, a Democrat. Mark
White, then he came back Levin Clements and defeated white in the 1986
- So he's the only Texas governor to serve two non continuous terms.
so the governor can reduce the amount or increase the amount that
they're going to spend on whatever issue. And as we mentioned before,
the governor can call 30 day special sessions for almost any reason. The
governor also has appointment powers on boards and commissions.
Governors, just like the president, must receive Senate approval,
which means two thirds of the votes.
Oct 2
Court and Trial Process Overview
1. Compensation for Victims' Families:
o Sometimes families of victims receive compensation even when
evidence may not meet the highest standard for criminal conviction.
2. Evidence Standard for Conviction:
o Essential for courts to have a high evidence standard, especially when
determining guilt, as it directly impacts an individual's freedom.
3. Trial Courts vs. Appellate Courts:
o Trial Courts: Assess factual evidence and determine guilt.

o Appellate Courts: Review whether the trial was conducted fairly, not
the facts of the case. They evaluate the fairness of the trial court’s
decisions, such as evidence admissibility and jury instructions.
4. Appellate Court Review Scope:
o In serious cases (e.g., death penalty), appellate courts can review
broader aspects, like if jury instructions met the legal standards.
o Appellate courts are particularly concerned with the admission of
evidence and if it could have prejudiced the jury.
5. Jury Instructions and Standards:
o For criminal cases, the jury must answer a series of questions ("jury
charge") to determine guilt.
o Incorrect jury instructions are grounds for appeal and can result in a
case being overturned.
6. Criminal Case Structure (Bifurcated Trials):
o Phase 1: Determine guilt based on evidence.

o Phase 2: Sentencing, where character evidence may be presented to


influence the level of punishment.
7. Double Jeopardy:
o Prevents a person from being tried twice for the same crime on the
same facts.
o However, creative legal strategies can sometimes lead to additional
trials under different charges (e.g., conspiracy).
8. Judge Appointments and Terms:
o Federal Judges: Appointed for life by the President, with Senate
approval.
o Texas Judges: Elected for 2-6 years, with partisan elections
(Republican vs. Democrat).
9. Judicial Qualifications:
o Not all judges need to be lawyers; for instance, municipal court and
justice of the peace positions don’t require law degrees.
10.Judge Selection Methods by State:
 Election: 22 states hold elections for judges.
 Merit System: 18 states use a system where candidates submit
qualifications evaluated by a board.
 Gubernatorial Appointment (e.g., Florida): Judges are appointed by the
governor and may need voter approval to stay on the bench in retention
elections every four years.
Oct 14th
covered the three branches: legislative, executive, judicial. We are talking about
local parties in Texas this week, and we'll be talking soon about campaigns this
week and next week.
- political parties. Here are the list of officially recognized political parties in the
state of Texas:
o Democratic Party,
o Green Party of Texas,
o Libertarian Party of Texas,
o the Republican Party of Texas
- As of May 2024 those are the only four recognized by guessing the Secretary
of State as official parties. Each state would have a different standard for
identifying party as official
- how many parties actually matter in American politics: two, We are a two
party country. We are a two party state
- There are also federal elections, and when people think elections, they mostly
think at the federal level,
- The people that you elect at the state level level
- the two parties, Republican and Democratic Party.
- You elect Republicans or Democrats for President. You elect Republicans or
Democrat for state representative.
- Blue means Democrat, Blue meant incumbent, red meant opposition. But in
2000 the Democrats held the White House because Clinton administration,
Clinton Moore was coming to an end, and so whenever they won a state, it
was blue and Bush, they were both going running as the Challenger, and he
was red. But now it's red and blue states baked in, right?
- The South Texas is important that is a traditionally Democratic army,
- the triangle (Dallas, Austin, Houston) is becoming bluer.
- the triangle majority population: some census studies that indicate Texas is
87% urban
- the presidential elections from 2000 on. Bush, who was the governor of Texas
at the time,
- like a lot of other states, is split by urban slash rule and slash rule politically.

how does this affect congressional districts? One other thing to look at, how close
are most of these races, Congress,
the Texans voted in the presidential election started. You probably know what's
going on here. Texas becomes a state from 1848 until 1860
little thing called civil war that comes back in 72 and it's always voting for
Democrats until the 20s and then Great Depression, World War Two: votes
Republican in 52 56 splits
things A bit in the 60s and 70s, and 70s. Republicans since 1980 no republic, no
Democrats carry Texas in the presidential election since 1976 Jimmy Carter,
I haven't really found any political trends that go back before 1860
but we and we talked about this when we discussed the Constitution, the
development of the Texas Constitution, but this is essentially what's going on at the
time of the Civil War.
The North was dominated by Republican interests the President, Abraham Lincoln,
Republican, the South is more democratic. North wins the Civil War.
The south, southern states try to rejoin the Union. North says we don't like the way
you're doing things. So we're going to step in and basically run your states from a
governing perspective. This is kind of broad to know, but we talked about when
Texas Texans tried to rewrite their constitution after the Civil War, the northern
Republicans reject it. They put their own governor in place. That's all

Edmund Davis,
late 1860s went off in 1872 the final constitution is written and drafted in 1876 from
that point forward, Texas is a blue state,
This is the 1900 election. McKinley, the Republican wins, but William Jennings,
Bryant, who was a populist, democratic populist, interesting guy,
people are so put out by what happened in the 1870s right after the Civil War, that
the state doesn't change its political stripes for a century, from 1872 until 1978
but here, Texas does not have a Republican governor. The first Republican senator
elected since the Civil War was John Tower in special election, and that was in 1960
so this is what happens. What causes Texas to go from this color, this color =>
starting in this period around 1930 1932 economically? Depression.
How does the country respond to the Great Depression? The administration, at the
time: they struggle with trying to figure out a response to it.

- because it's a tough thing to deal with, because no one was expecting it,
other than maybe some economists, the unemployment rate was probably at
least 25, 30% if not worse,
- the roadmap administration deal together and starts creating government
programs that should lead to jobs.
- unemployment, that's their plan for addressing unemployment, Spend a lot of
time with in class. it affect Texas voters? And the answer is, Texas Democrats
didn't like it. Southern Democrats didn't like it.
- 1932 that is Roosevelt, and things went well for him. There’s a shift. All of
these voters who were Republican up here become Democrat. And so now
you have Southern Democrats, northern Democrats.
- General Dwight D Eisenhower, Texas for the first time, and it would have been
almost 30 years at that point, but for only the second time since the Civil War
reconstruction. But voted for Republican. The Republican carried Texas.
- The governor, the Democratic governor of Texas, Alan shivers, at the time, he
actually endorsed Eisenhower, so he, as governor of Texas, endorsed the
presidential nominee for the party. But otherwise, Texas and the South remain
predominantly Democrat until the late 60s, the South remained ideologically
conservative traditional and the Democratic Party started in addition to
embracing big government spending and big plans and racial equality, which
were all issues in the south, you started also seeing a larger counter culture
that was definitely aligned.
- Nixon, the Republican and eventual winner, carries most of the country, most
of the states. These five southern states voted for a third-party candidate,
- George Wallace, who was a segregationalist governor of Alabama who
promoted racial segregation, politics and so that shows you where these
states heads were at regarding equality, racial harmony and All the policies
that the Eastern elite for pushing.
- Humphrey wins the normal democratic environment, but he doesn't carry this
out, but it's hard one costing the election.
- 1972 Nixon wins re election big time because they had very kind of off the
fridge candidate George McGovern. So Nixon won 47 of the states hovered 20
elect Provost, but you don't see the full turn until 1980.
Oct 16th
Class Notes: Development of the Texas Republican Party and Primaries
1. Historical Development of the Texas Republican Party:
o 1848 (Event 1): Texas participated in its first presidential election.
From 1848 to 1860, Texas was dominated by the Democrats. During
the Civil War (1860-1864), Texas left the Union and didn’t participate in
U.S. elections.
o Civil War & Reconstruction (Event 2): Texas attempted to rejoin
the Union after the Civil War by rewriting the Constitution in 1866. The
state was placed under Republican control, with Edmund Davis
becoming the Republican governor. After his contested 1872 election
defeat, Texas remained predominantly Democratic until 1978.
o Great Depression & WWII (Event 3): The first Republican president
to carry Texas was Herbert Hoover in 1928. Despite some Republican
inroads, Texas was solidly Democratic through this period, reflecting
the overall trend of Southern states during this time.
o 1960s Counterculture (Event 4): The cultural shifts of the 1960s,
including the Vietnam War and the rise of counterculture, led many
working-class Democrats to question their party alignment, paving the
way for future Republican gains.
o Ronald Reagan's Presidency (Event 5): Reagan's 1980 election
marked a key shift where working-class Democrats, also known as
"Reagan Democrats," began aligning with the Republican Party.
Reagan’s success helped turn Texas into a Republican stronghold.
o George W. Bush (Event 6): In 1994, George W. Bush's gubernatorial
victory cemented the Republican dominance in Texas, which continues
today. Since then, Texas has been controlled by Republicans in all
major state and national elections.
2. Primaries Explained:
o Primary Elections: Primaries are elections held by political parties to
select their candidates for the general election. In Texas, both
Republicans and Democrats hold primaries, usually in May, for
positions ranging from president to local offices.
o Open vs. Closed Primaries:

 Closed Primaries: Voters must be registered with a party and


can only vote in that party's primary.
 Open Primaries (Texas): Voters do not have to be affiliated
with a party and can choose to vote in either party's primary.
However, they cannot vote in both primaries.
 Runoffs: If no candidate wins 50% of the vote in a primary, a
runoff election is held between the top candidates. Voters who
participated in one party's primary cannot vote in another
party's runoff.
3. Key Political Shifts:
o Republican Domination: Texas shifted from being a solid Democratic
state (from the mid-1800s to the 1970s) to a solid Republican state.
This shift was marked by cultural and economic factors, particularly
during and after the Reagan era.
o Changing Voter Alignments: Many blue-collar, working-class
Democrats in Texas began aligning with the Republican Party due to
cultural conservatism and economic policies favoring lower taxes,
leading to the state's shift in political identity.
Oct 18th
Overview:
 Texas is at the center of a significant media story involving Robert Robertson,
a death row inmate. His case, linked to shaken baby syndrome, has raised
new legal and scientific concerns, prompting discussions on Texas's death
penalty system.
Discussion Points:
1. Who is Robert Robertson?
o Robert Robertson was convicted of murdering his infant daughter 20
years ago. The case involved shaken baby syndrome, a now
controversial medical diagnosis.
2. What is Robertson accused of?
o Robertson was accused of violently shaking his daughter, leading to
her death. The original case presented bruising as evidence of abuse.
3. Why are we talking about him now?
o His execution was scheduled for the previous day, but last-minute legal
actions raised questions about his guilt. The case has gained national
attention due to doubts about the shaken baby syndrome diagnosis
and new evidence, including the baby's medical history and use of
medication.
4. How does this case connect to Texas politics?
o The case brings to light Texas's death penalty laws and the appeals
process. It has drawn the attention of the state legislature, with
bipartisan calls for a review of the case.
5. The Role of the Courts:
o Robertson's case has gone through the Texas Court of Criminal
Appeals, which handles death penalty cases. This is different from the
Texas Supreme Court, which only hears civil cases. Appeals to
overturn the conviction were reviewed, but no grounds were found to
challenge the verdict.
6. Why has this taken 20 years?
o After the Court of Criminal Appeals upheld the original conviction,
Robertson had limited options for appeal. Only recent legal and
medical developments have reopened his case for reconsideration.
7. Who has the power to pardon or grant clemency?
o The Board of Pardons and Paroles in Texas, appointed by the
governor, has the authority to recommend clemency or a pardon. The
governor, Greg Abbott, cannot unilaterally grant a pardon without the
board's recommendation but can issue a 30-day stay of execution.
8. New Developments:
o New evidence, including questions around shaken baby syndrome and
the child’s pre-existing medical conditions, has raised doubts about the
original conviction. The investigative team admitted they didn’t fully
explore alternative causes of death.
o The U.S. Supreme Court has weighed in, stating that new evidence
should be considered, but the final decision rests with Texas
authorities.
Key Legal Questions:
 Can a person be sentenced to death without clear evidence of intent (i.e.,
premeditated murder)?
 Should the shaken baby syndrome diagnosis, which is now under scientific
scrutiny, be reconsidered as valid evidence?
Final Thoughts:
 The case is ongoing, and a stay of execution or clemency may still be
possible, depending on legal and political actions in Texas.

Oct 21st
Upcoming Class Events:
1. Next Monday:
o Exam scheduled.

2. Following Monday:
o Phase 2 Project due.

Week's Agenda:
 Wednesday:
o Policy process review and project topic crystallization.

 Friday:
o Exam review to prepare for the upcoming exam.

Lecture Content - Overview of Barbecue:


 Barbecue Regions and Styles:
o There are four distinct styles of barbecue:

1. Texas
2. Carolinas
3. Memphis
4. Kansas City
o Barbecue often has Caribbean origins, particularly with the
technique of indirect heat.
 Barbecue Process:
o Barbecue involves low and slow cooking over an indirect flame.

o Smokers (not grills) are typically used, with wood as the primary fuel
in Texas.
o The method of seasoning and cooking can vary (dry rubs, marinades,
etc.).
Regional Breakdown in Texas:
 Central Texas:
o Originated with German and Czech immigrants.

o Butcher shops started offering leftover smoked meat, which evolved


into barbecue joints.
o Key locations: Austin, Lockhart.

 South Texas:
o Famous for barbacoa, a Mexican-originated method where cow heads
are wrapped and smoked.
 East Texas:
o Known for African-American barbecue traditions, often with pork
and a sauce-heavy approach.
 West Texas:
o Referred to as "cowboy barbecue," involves open fire cooking.

Modern Barbecue Trends:


 Barbecue culture has exploded with the rise of TV shows, festivals, and
specialized barbecue joints.
 Goldies in Fort Worth is currently ranked the top barbecue place in Texas by
Texas Monthly.
o They slow-cook their meat and prep extensively for enhanced flavor.

 Other Famous Barbecue Joints:


o Franklin's in Austin: Known for celebrity visits and long lines.

o Snow's in Lexington: A small town joint, with brisket typically gone by


9:30 AM. Featured on Netflix’s "Chef's Table."
OCT 23th
How to Read a Bill: Students were guided to explore resources for reading legislative
bills, with an example of the Affordable Care Act being discussed for its extensive
length and complexity.

Bill Submission: It was mentioned that students would be submitting a summary or


proposal for a bill, likely around two pages in length, focusing on broad overviews
rather than in-depth legislative detail.

Policy Discussion: There was an extended discussion on policies, using examples


from dorm rules to broader public policies, particularly concerning food safety and
harmful chemicals.

Lobbyists: The role of lobbyists in influencing government decisions and the


legislative process was discussed, including how corporations, especially in
agribusiness, might oppose or support certain types of bills.

Christian Values and Policy: There was mention of what issues are important to
Christians in terms of policy, covering topics such as abortion, freedom of religion,
and ethical considerations around food safety and gambling.

Gambling as Policy: There was a discussion about gambling, its increasing


acceptance, and its various forms (sports betting, casinos, etc.), focusing on the
ethical debates surrounding it.
Class Notes on Legalizing Gambling in Texas
Key Topic: Discussion about legalizing gambling in Texas, particularly considering
recent developments with the Dallas Mavericks.

1. Sale of the Dallas Mavericks:


 The Dallas Mavericks' majority stake was sold.
 The new owners have connections to the Adelson family, who previously
owned the Sands Casino.
2. Potential New Arena with Casino Integration:
 There were discussions about building a new Mavericks arena, possibly inside
a casino in Dallas.
 This is controversial as casino gambling is not currently legal in Texas,
but there is movement towards legalization.

Political Influence and Campaign Spending:


 The Adelson family has historically contributed to Republican campaigns.
 Their campaign contributions may be aimed at influencing the legalization of
gambling in Texas.
Open Secrets Website:
 This is a tool for tracking campaign spending.
 However, federal campaign data from the Federal Election Commission
(FEC) does not include state and local campaign spending, where relevant
donations could be happening.
 It's speculated that contributions have been made to politicians like
Governor Greg Abbott to push for gambling legalization.

Arguments for Legalizing Gambling in Texas:


1. Economic Benefits:
 Revenue Generation: Legalized gambling could create a new revenue
stream for the state.
 Job Creation: Casinos and gambling businesses would provide employment
opportunities.
 Tourism Boost: Would attract people from surrounding states.
 Prevent Texans from Spending in Other States: Legal gambling would
keep Texans from traveling to Oklahoma, Louisiana, or New Mexico to
gamble.
2. Changing Perceptions:
 Gambling no longer carries the negative, "seedy" reputation it once had.
 Major sports leagues, like the NFL, now partner with betting companies,
normalizing the practice.

Arguments Against Legalizing Gambling in Texas:


1. Addiction Concerns:
 Gambling can lead to addiction and exacerbate financial problems.
 Lower-income groups are particularly vulnerable.
2. Social Impact:
 Family Destruction: Gambling addiction often leads to financial ruin and
family breakdown.
 Moral and Ethical Issues: Christian or conservative groups often oppose
gambling on moral grounds.
 Criminal Element: Concerns about bringing undesirable elements into
communities, with historical links to organized crime.
3. Economic Argument:
 Critics question the necessity of new revenue, as the Texas economy is
already strong.
 Legalizing gambling might not be worth the potential negative effects.
4. Competition:
 Neighboring States: Places like Oklahoma and Louisiana could lose a
significant amount of tourism and business if Texans no longer need to travel
out-of-state to gamble.

Stakeholders:
1. Pro-Gambling:
 Gambling Interests: Casino owners, gambling companies, and individuals
who benefit from the industry.
 Gamblers: Those who enjoy or seek to profit from gambling.
2. Anti-Gambling:
 Moral Objectors: Religious and conservative groups opposed to gambling.
 Neighboring States: Oklahoma and Louisiana have vested interests in
maintaining their gambling industries, which would be negatively impacted
by Texas' legalization.

Conclusion:
 The debate over gambling in Texas touches on economic, moral, and
social issues.
 Both sides present strong arguments, with financial interests, moral concerns,
and the potential for significant state revenue all in play.

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