Government Subject
Directions: Please respond to one of the following essay prompts. Your response must be about 1000 words in length, and must adhere to a standard manuscript form. Be sure to support your argument with specific references to primary or secondary sources.

1. The basic principles of US Government can be grouped into two major categories: The Natural Rights Argument and Control of the Mischiefs of Faction. The principles of Texas Government are somewhat different: The Positive Rights tradition, Popular Sovereignty, Independence, Decentralization/Local Control, and Fragmented Authority. Can these two sets of principles be reconciled with each other? If so, how? If not, why not? Please support your argument with specific examples.

Sources to consider:

a. The US Declaration of Independence

b. The US Constitution of 1787

c. Madison, James. The Federalist #9-11.

d. Bruff, Harold H. “Separation of Powers under the Texas Constitution.” Texas Law Review, 68. (1990): 1337.

e. Cornyn, John. “Roots of the Texas Constitution: Settlement to Statehood, The.” Texas Tech Law Review. 26 (1995): 1089.

f. Harrington, James C. “Privacy and the Texas Constitution.” Vt. L. Rev. 13 (1988): 155.

g. Thomas Jr, A. J., and Ann Van Wynen Thomas. “Texas Constitution of 1876.”Tex. L. Rev. 35 (1956): 907.

2. The current Texas Constitution mandates both a balanced budget and a “part-time” legislature that is only able to meet in a 140 day regular session in odd-numbered years. As a result, the rules of the Texas Legislature requires the first 60 days of the regular session to address the state’s budget. Is this an advantage or a disadvantage for members of the Legislature? Is this an advantage or a disadvantage for the people of Texas? Why or why not?

Sources to consider:

a. Hou, Yilin, and Daniel L. Smith. “A framework for understanding state balanced budget requirement systems: Reexamining distinctive features and an operational definition.” Public Budgeting & Finance 26, no. 3 (2006): 22-45.

b. Levinson, Arik. “Balanced budgets and business cycles: Evidence from the states.” National Tax Journal 51, no. 4 (1998).

c. McNichol, Elizabeth, Phil Oliff, and Nicholas Johnson. “States continue to feel recession’s impact.” (2011).

3. You are a freshman member of the Texas House of Representatives. You sponsor a bill that has strong support among your constituents, but only a half-dozen co-sponsors. Neither the Speaker nor the senior members of the House are on the list. Furthermore, it is referred to a committee that you do not sit on. How do you get it out of that committee and onto the floor for debate? Moreover, how could you increase the chances of the pill passing?

Sources to consider:

a. Blair, Diane D., and Jeanie R. Stanley. “Personal relationships and legislative power: Male and female perceptions.” Legislative Studies Quarterly (1991): 495-507.

b. Fiorina, Morris P. “Legislative choice of regulatory forms: legal process or administrative process?.” Public Choice 39, no. 1 (1982): 33-66.

c. Wiggins, Charles W., Keith E. Hamm, and Charles G. Bell. “Interest-group and party influence agents in the legislative process: a comparative State analysis.”The Journal of Politics 54, no. 1 (1992): 82-100.

4. You are the chair of the Texas Senate Finance Sub-Committee on Fiscal Matters and up for re-election next cycle. The House has just passed a version of a well-publicized spending bill that you do not support. It has been referred to your committee in the Senate as well as to the Health & Human Services Committee. The HHS Committee Chair supports the bill, as do your constituents. How do you make sure the bill fails, but still manage to keep your seat?

Sources to consider:

Blair, Diane D., and Jeanie R. Stanley. “Personal relationships and legislative power: Male and female perceptions.” Legislative Studies Quarterly (1991): 495-507.

a. Cox, Gary W., and Mathew D. McCubbins. “Procedural Cartels in Texas: A Note.” Unpublished Manuscript, University of California-San Diego (2005).

b. Fiorina, Morris P. “Legislative choice of regulatory forms: legal process or administrative process?.” Public Choice 39, no. 1 (1982): 33-66.

c. Senate Session, T. E. X. “RECENT LEGISLATIVE DEBATE.” HARVARD LAW REVIEW 127: 843.

d. Wiggins, Charles W., Keith E. Hamm, and Charles G. Bell. “Interest-group and party influence agents in the legislative process: a comparative State analysis.”The Journal of Politics 54, no. 1 (1992): 82-100.

5. Much electoral campaign attention in Texas is focused on the race for Governor. However, a quick look at the structure of the Executive Branch shows that the Governor holds remarkably little formal executive power and instead must share that power with multiple independently elected officers. In fact, one may argue that the Lieutenant Governor and the Comptroller of Public Accounts each hold more power than the Governor. Why, then, do Texans focus on the Governor’s office and largely ignore the others?

Sources to consider:

a. Calfano, Brian R., Elizabeth Anne Oldmixon, and Peter VonDoepp. “Religious Advocacy in the Texas Legislature.” Representing God at the Statehouse: Religion And Politics in the American States (2006): 101.

b. Richards, Ann W. “Strategic planning and budgeting in the “new Texas”: putting service efforts and accomplishments to work.” International Journal of Public Administration 18, no. 2-3 (1995): 409-441.

6. The Texas Judicial System is divided into separate Criminal and Civil Courts at the lowest and highest levels, but it is not necessarily divided into separate Criminal and Civil Courts at the intermediate levels. Why do you think this is so? What advantages or disadvantages does a split judiciary hold for dispute resolution in Texas?

Sources to consider:

a. Champagne, Anthony, and Kyle Cheek. “Cycle of Judicial Elections: Texas as a Case Study, The.” Fordham Urb. LJ 29 (2001): 907.

b. Herasimchuk, Cathleen C. “New Federalism: Judicial Legislation by the Texas Court of Criminal Appeals.” Tex. L. Rev. 68 (1989): 1481.

c. Judice, C. Raymond. “Texas Judicial System: Historical Development and Efforts Towards Court Modernization, The.” S. Tex. LR 14 (1972): 295.

d. McCormick, Charles T. “Modernizing the Texas Judicial System.” Tex. L. Rev.21 (1942): 673.