Melanie Eubanks
20 April 2018
Govt 2306
Professor Ouardi
Comparing and Contrasting the Us Constitution and the Texas Constitution
How They Compare
If you look at it, the Texas and US constitutions are very similar to each other. Both of them contain the basic elements of our democratic republic or representative democracy. As they say; for the people, by the people. Each document has a bill of rights that gives certain rights to its people. Each document has a legislature made of 2 houses; the senate & the house of representatives. Each document provides a separation between each branch of the government and allows each branch to limit the powers of the others. Just as the US constitution has a supremacy clause that makes it the superior
…show more content…
The President has the concentrated power of the executive along with a host of other powers that make the US executive branch fairly strong. The Texas constitution, when chartered, was designed to do the exact opposite so it created what is called a plural executive. This takes executive power and spreads it across multiple people stopping one person or elected office from having too much power or consolidated power. It essentially ensured the governor, unlike the president, was weak. One major difference with the executive office, one I particularly like about Texas, is how each chief executive vetoes bills. The President when vetoing a bill must veto the entire bill or not veto at all. The Texas constitution allows for a line-item veto allows the governor to veto specific items in a bill without having to veto the entire bill itself. The US Supreme Court said the line item veto is a violation of the Separation of Powers and thusly unconstitutional. the governor to veto specific items contained within appropriations bills passed by the legislature. This is comical because it gives the governor an extra power the US constitution does not, this would seem at odds given how Texas tries to limit the power of one single …show more content…
In the US constitution it does nothing to regulate the tax and spend policies congress decides to write into bills. This is not how it is in Texas. The Texas constitution has very detailed guidelines for how state legislators can spend state money and the taxing laws they may pass. They mandate specific percentage that are to be spend on areas such as education. An example of this would be how Texas forbids taxing personal income and it also forbids Texas from going into debt forcing the state to balance its books. Could you imagine if the federal government could not tax your personal income AND had to balance the budget every year? One of the biggest differences is how each legislature is paid and required to meet. US congressman are full-time federal employees. They are paid as such and therefore being a congressman is their careers. They are also required to meet annually. The Texas legislature is not this way. It is not full-time rather part-time and the pay is minimal at only $7,200 per year, therefore Texas congressman must have other careers besides being in the legislature. Also the Texas constitution requires the Texas legislature to meet for 140 day sessions every 2
Firstly, in the state of Texas, the legislative branch has the ability to pass and create laws within the state while overseeing and monitoring the execution of these laws. The Texas legislature is among the few state legislatures that meets strictly every two years. Many people consider this branch to be the most powerful of state government in Texas due to its ability to aggressively control activities of the state government. The structure within the legislation is known as the bicameral system. This means there are two sub-branches that make up the legislation known as the State Senate as well as the House of Representatives.
The first article was based on the legislative branch on both the constitutions, the second was based on the executive and the third was based on judicial. I also noticed that they both have an article dedicated to oaths, but the content differs in both. In the Constitution of the Republic of Texas, they have oaths that pledge their loyalty to Texas as well as the constitution. Here is an excerpt from Article 5 of the Constitution of the Republic of Texas, “IA. B., do solemnly swear [or affirm, as the case may be] that, as a member of this General Congress, I will support the Constitution of the Republic, and that I will not propose or assent to any bill, vote, or resolution, which shall appear to be injurious to the People.”
The Texas government only has power that is stated in the constitution. The Texas constitution is based on the United States Constitution. The current constitution sits on seven basic principles (Popular Sovereignty, Limited Government, Republicanism, Individual Rights, Separation of Powers, Checks and Balances, and Federalism). It is these principles that keep the government in check so that power does not get abused. That should not be a problem because people have the right to abolish their government is they need
Because of the strict division between the two types of government, dual federalism is sometimes called layer-cake federalism. Southern states including Texas conflicted with national government because at the time, federalism was trying to involve the touch of civil rights but the southern states wanted to maintain a segregated society because it’s important and necessary for our political and economy. As conservatives made many political inroads during the 1970s, a new concept of federalism, which was kind of an old concept of federalism, became popular. It was called, the New Federalism. Block grants was one of the way to give the state more power by allowing states to decide what to do with federal money.
In Texas 250 of the 254 counties, none of the propositions were approved. During that special election only 23 percent of the voters actually voted. It’s rumored that Governor Briscoe warned that adoption of the amendments would result in state income tax, increase cost of state government and overly powered Legislature
To begin a constitution is the fundamental laws of a state which sets out how that state will be organized and the powers and authorities of government between different political units and citizens. The United States Constitution was created to overcome the Articles of Confederation weaknesses, to offer centralization, and to have more power in the government. Where in the Texas Constitution they wanted to try to avoid and reverse some of the things that were happening and going on. Which goes to show that these two constitutions have many differences that could be used to overpower the similarities. Some of them can be pointed out in the amending process, the bill of rights, the executive branch, and also the different salaries of each.
The Texas legislature elects its representatives to its lower house for two years, just like their counterparts in the U.S. House of Representatives. In the state senate, they get a mandate of four years, while U.S. senators can stay for six years. In both constitutions, senators and representatives can run for elections as many times as they can win. Sometimes many have retired and re-run again. Many citizens argue that these are the excesses that both constitutions were trying to avoid.
To limit the legislature, legislative sessions are allowed to meet every other year which makes governing such a large state very difficult. Another area where The Texas Constitution of 1876 limits is the judicial branch. A dual-court system was created as well as requiring all judges, with the exception of some municipal courts, to be elected by popular
Although the Missouri and U.S. constitution has three branches they differ a bit, and the legislative branch holds the most differences between the two documents. For instance, both have the power to create laws and are divided into two chambers: the House of Representatives and Senate. But, the differences are still there. Firstly, the number of members in the federal and Missouri House of Representatives and Senate is different. In the federal house there are 435 members, and in the Missouri house, there are 163 members.
However, this is exactly what the Texas Constitution was designed to reverse and avoid. The framers of the U.S. Constitution wanted to enable government action;
Let’s begin with the very beginning The Preamble. The Missouri Constitution and United State Constitution start off with the preamble, explaining the people’s rights, as well as providing guidelines on how the government will be run. Both constitutions contain the bill of rights. The United States constitution Bill of Rights contain the first ten amendments, whereas Missouri has thirty-four sections. Together they have in common an executive, judicial, and legislative section.
The framers of the Texas Executive established a system that was designed to check the powers of the government. As opposed to the US Constitution that vested the power of the executive in the president of the nation (Berry, 1385), the Texas Constitution sought to ensure that the state did not have the excess powers. As such, they came up with a plural system where a variety of individuals make up the executive branch of the state (Texas State Government at a Glance). While the governor of the state remains as the highest ranking officials in the state, they hold the least of powers in the plural system.
The Oklahoma Constitution and the United States Constitution have a variety of similarities and differences, thus creating an array of topics of discussion. The very structure of the state 's constitution holds close similarities to the U.S. Constitution, given the fact that it was ratified over a century later. At the time of the making of the Oklahoma Constitution, there were arguments between the left and right areas of the state. These arguments were based on the fact that the people involved in the making of the state 's constitution wanted to have the area that was labeled "Indian territory" and make it a secure part of the state of Oklahoma. After doing so, the two areas merged and created the document that the state still uses to this day.
A constitution is the fundamental law by which a nation or a state is governed and organized. It establishes the framework of government, delegates the powers and duties of governmental bodies, and defines the relationship between the government and their citizens. Texas current constitution was adopted in 1876, and since then Texas voters have approved more than 467 amendments to this document. The word “amendment” is defined as the act or process of changing the words or the meaning of a law or document (constitution). Throughout this essay I will explain the rules for amending the Texas Constitution, the attempts made at constitutional reforms during the 1970s, explain why constitutional reforms were attempted and why it ultimately failed.
Texas Constitution V. Maine Constitution What is a constitution? According to Merriam Webster Dictionary a constitution is a document that describes the system of beliefs and laws by which a country, state or organization is governed. In numerous ways, the Texas and Maine constitution are similar documents.