The Texas Constitution was a product of the Reconstruction era, the tumultuous period that preceded the Civil War. The document reflects the fears and hopes of its framers. They were fearful of an oppressive state after living under the oppressive scrutiny of the Reconstruction Era. They hoped to prevent that from happening again by putting strong restraints on the government. Most of those restraints have followed Texas into the modern era. Those restraints have evolved into weaknesses that compromise the integrity and authority of the state government. But, legislators could adjust the constitution to be less restrictive and more effective by strengthening the executive's power, instating a full-time legislature, and reorganizing the judiciary.
The Texas Constitution distributed executive power over a multitude of elected offices. At the time the framers wrote it, this seemed like a good idea. After all, they lived in an era of intense government control. Creating a plural executive seemed like a good way to prevent the government from overstepping its boundaries. However, this plural executive has proven to be a hindrance. For instance, when Republican Bill Clements was governor, he shared his executive power with Democrats who disagreed with his priorities. This made it very
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Detailed tax and spending limitations make it difficult for legislators to operate efficiently. Furthermore, legislators are not paid very well for their part time work; they only make about $16,160 a year on average. This was intended to create a legislature of citizen-lawmakers who would better understand the needs and desires of their constituents. Ironically, the plan backfired, creating a body of lawmakers who are incredibly susceptible to influence by special interest groups. One way to combat this would be to create a full-time, professional legislature that meets
The Texas Legislative Branch of Government The Texas Constitution divides the state government into three separate: the executive branch, the judicial branch, and the legislative branch. These three branches share equal power within the Texas State governemt. The executive branch is lead by the governor, the judicial branch consists of the Texas Supreme Court and the local courts around the state, finally, the legislative branch, is lead by the Texas Legislature, which includes the 150 members of the house of representatives and the 31 members of the state senate. These members of the house of representatives are elected to two-year terms and Senators serve four-year terms.
Throughout my paper I am going to describe the rules for amending the Texas constitution, the attempts at constitution reform during 1970’s, explain why the reform attempts failed and discuss why I believe the Texas constitution should have board language instead of having frequent amendments. The rules for amending the Texas Constitution are found in Article 17 of the Texas Constitution. Article 17 of the Texas Constitution explains the rules in the following steps: proposed amendments, publication, submission to voters and adoption (Sec 1. Article 17, Texas Constitution, amended Nov. 7, 1972 and Nov. 2, 1999).
They had to find the perfect balance for the executive branch. They could not give them too much power or else there would be an opportunity for tyranny and the possibility of another monarchy, but on the other hand, the branch had to possess enough power to do something and make a change. The problem faced with the articles of confederation was a lack of power and this cannot be fixed with more lack of power. Pinckney said, “How far do you intend to go in reducing the power of the states?” (Page 69).
“The accumulation of all powers..in the same hands, whether of one or many (is) the very definition of tyranny.” (James Madison, Federalist Paper #47, 1788) ( Background Essay) This quote explains the reasoning for one of the framers, (B) Separation of Powers. The framers of the constitution were created to prevent tyranny and create a stronger government that would hold the nation together. Tyranny ultimately means harsh, absolute power in the hands of one individual-- like a king or dictator. The constitution guarded against tyranny in 4 ways: (A)Federalism, (B)Separation of Powers, (C)Checks & Balances, and (D)Small State-Large State.
Since the Texans did not like the way Mexico treated them, why would they want to promote slavery? No matter what year the constitutions were written in there is were no justification for slavery. It is ashame that individuals, local or higher government could lead Texans to believe that slavery was constitutional. On the other side, how could those Texans not realize that slavery was wrong?
Each state has its own different constitution. The state constitution performs a number of important functions. The Texas constitution was established in 1876.The Texas constitution has some differences and some similarities. Both the whole U.S constitution and Texas constitution both were drafted as wealthy, predominantly-white ,and well-educated land owners. The U.S and Texas constitution both provide the separation of powers within the government and checks and balances within between government entitles.
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;
As for the United States constitution, the Texas state constitution of 1836 rose a major section of the of the
Over the many constitutions that Texas has ratified, the number of terms limited to the state governor only increased as time went on. Currently, Texas has no limits on the amount of terms a state governor can serve; Rick Perry actually holds the record for longest running governor totalling four terms until he finally decided not to run again. According to the editorial titled, “Texas Governor Needs Term Limits” (My SanAntonio, 19 September 2010) a similar term limit, like the one imposed on the president of the United States, is needed for Texas governors. The editorial includes examples of terms from the beginning of the government and up until now. In contrast, the editorial titled, “Why Texas Doesn’t Need Term Limits” (The Dallas Morning
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 only answer that can be given is, that as all these exterior provisions are found to be inadequate, the defect must be supplied, by so contriving the interior structure of the government…” The author explains that the only way to keep the government the way they want it is to fix it from the inside out – which his precisely what the new form of government offered in the Constitution does. Another idea explained in the Federalist Papers No. 51 by the author was the government was separated into different branches of power, each with their own set of rules, obligations, and goals to strive for in order to keep the freedoms of all people at the forefront. He states, “In order to lay a due foundation for that separate and distinct exercise of the different powers of government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own.” Although separated into different branches, each branch of government is dependent on its people, who are the foundation of a lawful authority, yet the founders realized that if that idea were followed full out the citizens would have a voice in selecting the judges, presidents and other legislators.
These authorities that the national government should have, were all up to the states to decide under the Articles. With the taking away some of the states rights in the Constitution, Anti-federalists feared that this would leave the states too weak, resulting in more problems. Under the new Constitution, many powers that were now in the government 's hands are: the power to levy and collect taxes, the power to regulate interstate commerce, the government set up a national court system consisting of district, circuit, and a supreme court, the government could enforce laws, there was now a house based on population, and a senate based on equal representation (two votes per state), to amend the Constitution, a ⅔ vote of Congress was needed, and a ¾ vote of the states were needed, and a majority rule was needed to pass bills. These new powers and abilities of the national government helped to create a strong, new
(The Three Branches) should not be so far separated as to have no constitutional control over each other.” In conclusion, the constitution protected us from tyranny using the three methods,Equal Representation from all the States, Federalism, and the system of checks and balances. The framers succeeded in creating a well built constitution because all three methods have created security that no tyrant, or tyranny would
The Constitution of 1876 was toward the end in the development of a new, restructured and revised constitution in Texas, yet it was not the last attempt to revise the natural law of Texas. Pressure begin to build to change and streamline the Texas Constitution in the late 1960s. By 1969, fifty-six obsolete and out dated provisions were revoked, including a whole article. This called for a more fundamental overhaul and restructuring of the Constitution, which led to an extensive and prolonged process of constitutional revision that began in the 1970s. Efforts during this time were imperative for two reasons: it explained a long-standing concern whether the legislature had the constitutional right to convene as a constitutional convention; and secondly, the Texas Constitutional Revision Commission provided a thorough revision of the state constitution that served as the foundation for a new
The Texas and Maine state constitution are both used to govern their respective states. They both limit government, separation of powers, and also they both have bill of rights that protect the rights of the people. But, in various ways, the documents have key differences that distinguishes one from