Texas Politics Today

446 Pages·2009·24.454 MB·English

by  William Earl Maxwell, Ernest Crain, Adolfo Santos

william earl maxwell san antonio college
ernest crain san antonio college
adolfo santos university of houston–downtown
with
Elizabeth N. Flores Del Mar College
Joseph Ignagni University of Texas at Arlington
Cynthia Opheim Texas State University–San Marcos
Christopher Wlezien Temple University
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1 2 3 4 5 6 7 12 11 10 09 08
Preface ix Key Terms 36
Review Questions 36
New to Th is Edition ix
Logging On 36
Student and Instructor Supplements xi
Essay: Indian Policy in Texas, by Milo Lone-Eagle
Acknowledgments for the 2009–2010 Edition xii
Colton 38
Acknowledgments for Earlier Editions xiii
CHAPTER 1 CHAPTER 2
TEXAS HISTORY AND CULTURE 1 THE TEXAS CONSTITUTION IN
PERSPECTIVE 41
Politics and Government: The Early Years 2
Joining the Union 3 The National Constitution and the States:
Early Statehood and Secession: 1846–1864 3 Federalism 43
Post–Civil War Texas: 1865–1885 4
Division of Powers 43
Politics and Government: 1886–1945 5 Limits on States 43
Governor Hogg 5 The Texas Constitution 45
Farmer Jim: 1914–1918 6
Th e Texas Constitution in History 46
World War I, the Twenties, and the Return of Farmer Jim:
Th e Texas Constitution Today 49
1919–1928 7
Bill of Rights and Fundamental Liberty 49
Civil Rights 8
Separation of Powers 50
Th e Great Depression: 1929–1939 9
Legislative Branch 51
“Pass the Biscuits, Pappy”: 1938–1945 10
Executive Branch 53
Politics and Government since World War II 11
Courts 55
Lyndon B. Johnson Enters Center Stage 11 Local Government 55
Civil Rights Revisited 12 Suff rage 57
Th e 1950s: Shivercrats and the Seeds for a Republican Amending the Texas Constitution 57
Texas 13
Attempts to Revise the Texas Constitution 58
Th e 1960s: Texas Has a First President and Discovers the
b b b
Equal Protection Clause 15
Th e 1970s: Scandal and Reform 17 Chapter Summary 60
Th e 1980s: Education Reform 18 How Texas Compares 61
Th e 1990s: Texas Elects a Woman Governor and Becomes a Key Terms 61
Two–Party State 18 Review Questions 62
Th e 2000s: Texas Becomes a Republican State 19 Logging On 62
Texas Culture and Regions 21 Essay: Governor E. J. Davis and His Legacy for Texas,
by Lynn R. Brink and Charlotte A. Rike 63
Political Culture 21
Essay: “America Only More So”: Texas in the United States
Moral, Traditional, and Individualistic Cultures 21 Supreme Court, by Timothy Hoye 65
Political Culture and Political Participation 22
Texas Cultural Regions 22
CHAPTER 3
Essay: Th e Chamizal Dispute, by Laura De La Cruz 27
VOTING AND ELECTIONS 67
Politics and Diversity 29
Cultural Diversity 29 Political Participation 68
b b b Th e Participation Paradox 68
Who Votes? 69
Chapter Summary 35
How Texas Compares 36 Th e Practice of Voting 70
iii
iv Contents
Voter Turnout in the United States and in A New Era of Republican Dominance 123
Texas 71
Can the Democrats Still Be Competitive? 125
Reasons for Low Voter Turnout in Texas 74
Dealignment 126
Elections in Texas 78
b b b
Primary Elections 79
Chapter Summary 126
General Elections 84
How Texas Compares 127
Special Elections 85
Key Terms 127
Th e Conduct and Administration of Elections 86
Review Questions 127
Election Campaigns in Texas 95 Logging On 127
Essay: Who Killed the Texas Yellow-Dog Democrat?,
Who Gets Elected 95
by Robert Glen Findley 128
Th e General Election Campaign 96
Essay: Presidential Primaries or Caucuses? Texas’s
Money in Political Campaigns 98
Choices and the Outcomes, by Lynn Salas 130
b b b
Chapter Summary 102 CHAPTER 5
How Texas Compares 102
INTEREST GROUPS 133
Key Terms 102
Review Questions 103
Constitutional Guarantees 136
Logging On 103
Essay: Electronic Voting: Savior or Destroyer of American What Interest Groups Are 136
Democracy?, by Gina Ulbert 104
What Interest Groups Do 137
CHAPTER 4 Direct Means of Influencing Government 138
POLITICAL PARTIES 107 Lobbying the Legislative and Executive Branches 138
Filing Suit in Court 139
Functions of Political Parties 109 Advising and Serving the State 140
Characteristics of American Political Organizing Public Demonstrations 140
Parties 109 Indirect Means of Influencing Government 140
Pragmatism 109 Electioneering 140
Decentralization 110 Educating the Public 141
Two-Party System 111 Socializing 141
Development of the Texas Party System 112
Why People Join Interest Groups 141
Th e One-Party Tradition in Texas 112
Types of Interest Groups 142
Ideological Basis of Factionalism: Conservatives and
Liberals 112 Economic Interest Groups 142
Conservative and Liberal Factions in the Democratic Noneconomic Interest Groups 143
Party 113 Mixed-Interest Groups 143
Rise of the Republican Party 115
Factors That Affect Interest Group Power 144
Conservative and Moderate Factions within the Culture of Nonparticipation 144
Republican Party 118 Party Competition 144
Part-Time Legislature 145
Organizational Basis of Party Machinery in
Decentralization of Executive Branch Power 146
Texas 118
Law 146
Temporary-Party Organization 119 Th e Media 146
Permanent-Party Organization 122 Constituent Infl uence 147
Contents v
Interest Groups as Checks on Interest Groups 147 Compensation 187
Campaign Contributions 148 Th e Limited Session 188
b b b
Conclusions about Balance in the Political
Chapter Summary 190
System 151
How Texas Compares 190
The Regulation of Lobbying 152
Key Terms 191
Who Must Register and Report Lobbying Review Questions 191
Costs? 152 Logging On 191
What Does a Lobbyist Report? 153 Essay: Anatomy of a Gerrymander: The Election of Veronica
What Is Not Reported as Lobbying Th at Aff ects Gonzáles, by David Branham 192
Lobbying? 154
Access to the Reports of Lobbyists 155
CHAPTER 7
Reporting to Clients 155
The Craft of Lobbying 155 THE LEGISLATIVE PROCESS 195
Before the Legislature 155 Powers of the Presiding Officers 196
Before Administrative Agencies 156
Procedural Tools of Leadership 197
Before the Courts 157
Institutional Tools of Leadership 210
Which Interests Are Powerful? 158
Restraints on the Powers of the Presiding
Interest Group Dynamics and Power 159
Officers 212
b b b
Personality 212
Chapter Summary 162 Th e Team 212
How Texas Compares 162 Th e Lobby and Bureaucracy 212
Key Terms 163 Th e Governor 212
Review Questions 163 Political Climate 213
Logging On 163 Political or Economic Ambition 213
Essay: The School Bus Chronicles, by Betin Bilir Other Legislators 213
Santos 164
b b b
Chapter Summary 214
How Texas Compares 214
CHAPTER 6
Key Terms 214
THE LEGISLATURE: ORGANIZATION Review Questions 214
AND STRUCTURE 167 Logging On 215
Essay: Sexual Assault in Texas Prisons: The Texas
Geographic Districts 168 Legislature Responds, by Adolfo Santos 216
Essay: Politics and Climate Change: The Texas
Qualifications for Membership 173
Legislature Grapples with the Environment,
by Adolfo Santos 217
Formal Qualifi cations 173
Informal Qualifi cations 175
Organization of the Texas Legislature 180 CHAPTER 8
Presiding Offi cers 180 THE GOVERNOR 219
Legislative Committees 182
Qualifications, Tenure, and Staff 221
Legislative Staff 185
Citizen Legislators 187 Formal Qualifi cations 221
Terms 187 Informal Criteria 221
vi Contents
Tenure, Removal, and Succession 222 Review Questions 261
Compensation 222 Logging On 261
Staff 222 Essay: Governors and Texas Agencies,
by Patricia Caperton Parent 262
Tools of Persuasion 224
Legislative Tools of Persuasion 225
CHAPTER 10
Executive Tools of Persuasion 229
Governor as Party Chief 234 THE JUDICIARY 264
b b b
Civil and Criminal Cases 266
Chapter Summary 235
Original and Appellate Jurisdiction 267
How Texas Compares 235
Key Terms 236 Court Organization 268
Review Questions 236
Municipal Courts 268
Logging On 236
Justices of the Peace 270
Essay: Perry Muscle Flexing Falls Flat, by
County Courts 272
R. G. Ratcliff e 237
District Courts 274
Courts of Appeals 274
CHAPTER 9 Court of Criminal Appeals 275
Supreme Court 278
THE BUREAUCRACY 239
Juries 278
The Texas Administration 240 Grand Jury 279
Elected Executives 240 Petit (Trial) Jury 280
Appointed Executives 244
Selection of Judges 281
Boards and Commissions 245
The Politics of Judicial Selection in Texas 282
Characteristics of Bureaucracy 247
b b b
Size 247
Chapter Summary 286
Neutrality 249
How Texas Compares 286
Hierarchy 251
Key Terms 287
Expertise 251
Review Questions 287
The Bureaucracy and Public Policy 251
Logging On 287
Clientele Groups 252 Essay: Conviction And Sentencing in The Texas Courts:
Judicial Selection, Public Opinion, and the Death Penalty,
Th e Legislature, the Lieutenant Governor, and
by Brent Boyea 288
the Speaker 253
Th e Governor 254
Th e Iron Texas Star 254 CHAPTER 11
Public Support 255
LAW AND DUE PROCESS 291
Expertise 256
Information 256
Civil Law 293
Administration of the Law 256
Types of Civil Law 293
Accountability 256
Issues in Civil Law 295
b b b
The Elements of Crime 296
Chapter Summary 260
How Texas Compares 260 Th e Crime 296
Key Terms 261 Th e Criminal 298
Contents vii
Th e Victim 300 The Budgetary Process 336
Law Enforcement 301 Budget Planning 336
Th e Appropriations Process 336
State Agencies 301
Th e Politics of State Spending 337
Local Agencies 301
Reforms 337
Prevention of Crime 302
b b b
Detection of Crime 303
Enforcement of Law 303 Chapter Summary 338
Gathering Evidence 303 How Texas Compares 339
Arrest 304 Key Terms 339
Detention 304 Review Questions 339
Logging On 339
The Courts 305
Essay: Federal Funds for State Programs: The Impact of
Pretrial Court Activities 306 National Budget Cuts on Texas, by Sherri Mora and
Formal Charges 308 Pam Tise 340
Pretrial Hearings 309 Essay: Taxes, Social Services, and the Economic Impact
of Illegal Immigrants, by Brian K. Dille 342
Plea Bargaining 309
Th e Trial 310
Post-Trial Proceedings 311
Th e Special Case of Juvenile Courts 312 CHAPTER 13
Rehabilitation and Punishment 313 SPENDING AND SERVICES 346
Texas Department of Criminal Justice 313
Education in Texas 349
Clemency 315
Elementary and Secondary Schools 349
Texas Youth Commission 316
Th e Politics of Public Education 351
Jails 316
Higher Education 357
b b b
Th e Politics of Higher Education 358
Chapter Summary 317
How Texas Compares 317 Health and Human Services 360
Key Terms 317
Income Support 360
Review Questions 318
Health Programs 362
Logging On 318
Unemployment Programs 363
Essay: The Other War: Texas-Mexico Border Security,
Th e Politics of “Welfare”: Myths and
by Ray Leal 319
Realities 365
Essay: The Poison Debate in Death Penalty Cases: The U.S.
Supreme Court Reconsiders the Eighth Amendment Transportation 366
Prohibition against Cruel and Unusual Punishment,
by Neal Coates 321 Highway Programs 366
Th e Politics of Transportation 367
b b b
CHAPTER 12
Chapter Summary 369
TAXING AND BUDGETING 324
How Texas Compares 370
Key Terms 370
Revenues 325
Review Questions 370
Taxation 326
Logging On 371
Th e Politics of Taxation 328
Essay: Texas and California: Do Their Dissimilar
Other Revenues 334 Policies Produce Similar Outcomes?,
by Gary Tshoepe 372
viii Contents
CHAPTER 14 Issues and Trends 400
Councils of Government 401
LOCAL GOVERNMENT 374
b b b
Municipalities 376 Chapter Summary 401
General-Law and Home-Rule Cities 377 How Texas Compares 402
Forms of Government 378 Key Terms 402
Municipal Election Systems 381 Review Questions 403
Revenue Sources and Limitations 384 Logging On 403
Issues and Trends 386 Essay: Cities Defi ning Their Future, by Allan Saxe 404
Essay: Does Ethnicity Still Matter in At-Large Elections?
Counties 390
Evidence from Corpus Christi, by Robert R. Bezdek and Juan
Functions of Counties 392 Carlos Huerta 406
Structure and Organization of Counties 392 Glossary 411
Issues and Trends 396
Index 421
Special-District Governments 397
Although intelligent, well-meaning Texans may strongly disagree about public policies,
the fact remains that the policies of Texas state and local governments dramatically affect
each of our lives—every day. Political confl ict is, after all, only a difference of opinion
as to the substance and direction of the rules that govern us. The only real losers in this
game are those who do not play. Those who refuse to participate relinquish their role in
our democracy and their natural right to control their own futures.
We contend that human beings are political by their very nature and that understand-
ing government is necessary for an intelligent development of a political ideology and for
acceptance of confl icting ideologies as legitimate. We hope that the discussion of recent
controversial issues will engage student interest and that the explanation of ongoing prin-
ciples of Texas politics will help students understand opposing views in context.
Developed by an established authorial team representing varying regions and ideas
along with fresh voices from guest essayists, Texas Politics Today is an invitation to join
the dynamic conversation about politics in the Lone Star State. We hope students will be
impressed neither by what the authors know nor by what their professors know, but by
what they themselves must know to be able to contribute in this political world of ours.
The 2009–2010 edition of Texas Politics Today is designed to meet the needs of both stu-
dents and instructors for introductory college and university-level courses. This reader-
friendly text will be useful for courses specializing in Texas government as well as those
that integrate state and national politics.
Along with public policy, the book explains the background, rules of the game, politi-
cal players, and framework of political institutions that give birth to public policies. Major
historical, demographic, political, and cultural trends are explored and the role of po-
litical interest groups is covered throughout the text. Vignettes, fi gures, tables, diagrams,
and photos provide visual representations of and commentary on Texas’s political system.
Cartoons by Pulitzer Prize–winning Ben Sargent not only provide a bit of humor but also
illustrate important issues in Texas politics.
Student-centered learning aids augment the engaging style of the text. Key terms and
concepts are set in boldfaced print, listed at the end of each chapter, and defi ned in the
Glossary. Review questions focus on main themes. Each chapter includes an outline at
the beginning and a summary at the end to highlight its most important elements.
New to This Edition
Although this edition continues to incorporate the most effective elements of previous
editions, it has also been transformed by the most comprehensive revision in the text-
book’s history. The text analyzes the latest available data and discusses current issues,
recent legal and structural changes, as well as contemporary demographic and political
changes. In addition, nearly all essays in the book have been revised or replaced. Here is
some of the enticing new material in the 2009–2010 edition:
,
A compelling new emphasis on getting students involved in politics includes fresh Get
Active! sections that are rich in new online resources. These sections offer hints on con-
suming state services and linking up with activist groups in Texas politics. They also
provide tools to sample liberal, conservative, and libertarian opinion and to help stu-
dents decide where they stand on the ideological spectrum in Chapters 2, 4, 10, 12, and
13. Chapter 13 offers resources that enable students to tap into Texas’s “think tanks.”
,
New pedagogical features include marginal defi nitions and learning objectives
that conveniently guide students as they read through the text. Expanded chapter
summaries bullet important points covered in the text, and How Texas Compares
ix