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Analysis of JOHNSON V. TEXAS case
Why is the texas constitution important
Analysis of JOHNSON V. TEXAS case
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Both horses paw the ground in nervous excitement. The knights tightly grip their handles as they stoically stare at each other on either side of the long fence dividing them. The horses, feeling the imminence of battle, fidget uncontrollably. A cry in the air rings in both knights’ tin helmets like gunfire in a great hall. From one moment all was still, and the next both horses launch into full gallop down the fence picking up speed with each frantic paddle. Bracing, both knights close their eyes, the impact is coming. Much like this joust, The United States government contends with Texas government over many different issues. The long fence that divides these two powers is Federalism but much like in jousting, the lances are bound to cross this fence in a burst of splinters and sticks. By examining the contenders, The United States government and the Texas government, and their politics on issues such as immigration, we can get a better idea of the complex issues the system of Federalism can bring. Federalism is described as “a system that balances the power and sovereignty of state governments with that of the national government. Both, the states and national government, derive their authority directly from the people, and the states have considerable autonomy within their areas of responsibility ”(Robison, Gibson). This means that we as citizens created these bodies of government to serve us. We assigned areas of responsibility to the United States government and also to Texas government through a contract called the Constitution, which dictates these areas of responsibility. These areas are usually clearly defined but along the fence, where these two areas of responsibility border, the fence can be broken or unclear. This i... ... middle of paper ... ...n%3Bjsessionid%3DW lmnTDPDcrsYVLfYq41gmdhSVmJ8qh695MZSnJy48r8Jy9THL4pm%21- 542137292%21-87894215?granuleId=GPO-CONAN-2002-8- 2&packageId=GPO-CONAN-2002&fromBrowse=true>. Cruz, Ted. "Ted Cruz on Immigration." On the Issues. Information from Campaign Website, 17 July 2011. Web. 07 Apr. 2014. . "Immigration Reform." The White House. The White House, n.d. Web. 05 Apr. 2014. . Perry, Rick. "Rick Perry on Immigration." On The Issues. N.p., 11 Feb. 2011. Web. 07 Apr. 2014. . Robison, Clay. "Chapter 2.2 The Constitutional Legacy." Government and Politics in the Lone Star State. By L. Tucker Gibson, Jr. 8th ed. Upper Saddle River: Pearson Education, 2013. Page 37. Print.
The Texas Constitution is a document that describes the structure and purpose of the government in Texas. It took effect in February 15, 1876 and is amongst the longest state constitutions in the United States. It is the sixth constitution since claiming their independence from Mexico in 1836. Texas joined the United States under the Constitution of 1845 with provisions. Those provisions included allowing Texas to enter the union and begin the first U.S. statehood constitution. In 1861 Texas amended to transfer their statehood to the Confederacy. After the Confederacy was defeated Texas was required to adopt a constitution if they wanted to rejoin the union. The 1866 Constitution Convention emerged with a document but it did not last very long.
Daniel Elazar created a classification scheme moralistic political culture of individuals, and traditionalistic to describe the political culture of the state. According to Elazar, Texas can be described as traditionalistic and individuals. Historically, the Texas political parties demonstrated a strong tradition, provincialism, and business dominance. The models, however, may weaken as the Republicans increase its power in the state and urbanization continues. Texas is the second largest state in the country and there are four different geographical regions: the Gulf coastal plain, the interior lowlands, Great Plains, and the basin and range province,
The Constitution of the United States and the Texas Constitution share many similarities. They also have important differences due to different attitudes about what the role of government should be. It is important to know the limits of the state’s power as it can help us better understand our role as a Texas citizen.
The people of Texas are diverse and carry their “big can-do attitudes and accents” (Pearson); making Texas a bigger than life state. The political culture of Texas is impacted by two different subgroups of individualistic and traditionalistic characteristics. The combination of traditionalism and individualism has had a huge impact on the state and Texas’ seven different constitutions. The shift in power between 1827 and 1876 has impacted the political diversity Texas has today. Looking at the specifics of these subcultures, the traditionalists believe government should benefit the wealthy and powerful, and that government services must be limited.
In my analysis of the Texas Constitution I will assess the three branches of our State Government, the Legislative Branch, Executive Branch and finally the Judicial Branch. Our State Government resembles our National Government in various ways but also in very different ways which we will review in this essay. I will identify a handful of criticisms and problems associated with the provisions in each of these branches of our State Government and identify suggested reforms that many feel are needed.
In the Washington v Texas case, Jackie Washington the petitioner and another defendant were charged with murder. They were convicted of murder with malice and was sentenced by jury to a 50 year jail sentence. He was convicted of killing his ex-girlfriend jean carter at her residence on Aug 29, 1964. It wasn’t clear whether the petitioner or Charles fuller fired the shot that fatally wounded the deceased. When Washington attempted to call Fuller as a defense witness, the prosecution objected on the ground that state law barred codefendants from testifying in each other’s behalf. Prevented from calling Fuller, who would have testified that he was the one who fired the shot that fatally killed the decease. Because Washington had fled the scene
Following the failure of the Articles of Confederation, a debate arose discussing how a centralized government ought to be organized. The prevailing opinion ultimately belonged to the Federalists, whose philosophy was famously outlined in The Federalist Papers. Recognizing that in a free nation, man would naturally divide himself into factions, they chose not to remedy this problem by stopping it at its source; instead, they would limit its effects by placing strict structural safeguards within the government's framework. The Federalists defined a facti...
Thesis: The nine years of Texas’s independence were long and seemed to be dragged out. Were those nine years unnecessary and could it have been done in a shorter period of time?
To define the terminology of federalism to a simplistic way is the sharing of sovereignty between the national government and the local government. It is often described as the dual sovereignty of governments between the national and the local to exert power in the political system. In the US it is often been justified as one of the first to introduce federalism by the ‘founding fathers’ which were developed in order to escape from the overpowered central government. However, federalism in the United States is hitherto uncertain where the power lies in the contemporary political system. In this essay I will outline and explain how power relationship alternates between states and federal government. Moreover I will also discuss my perspective by weighing the evidence based upon resources. Based on these resources, it will aid me to evaluate the recent development in the federal-state relationship.
Since the writing of the Constitution there has been innumerable arguments regarding its meaning, but only one side is correct-- the Republicans. The Federalists’ ideology regarding the Constitution reverted back to the government they had just escape...
The government of the state of Texas is a difficult and complicated institution that is composed of many different levels. The question comes in to everyone's mind at one time or another whether or not to trust the government. It could be that people believe that the officials will take advantage of their power, or simply people don't like the idea of being controlled by someone who is not a family member or friend. To avoid this centralized power, the government is divided into stages and this is a reasonable ground for trusting the government. Government runs this state and it does deserve to be trusted.
Newell, Charldean. "Inflexibility, Traditionalism, and Partisanship: The Texas Response to New Federalism." Review. Annual Review of American Federalism 12 (1981 (1983): 185-95. Publius. Oxford University Press. Web. 23 Mar. 2011.
Texas and Federal Constitutions contain the principles needed for a representative democratic government and both arose from different historical situations; for instance, the U.S. Constitution was made to replace the Articles of Confederation, a weak decentralized form of national government with no president or taxes, which made the government not powerful enough to start a war. The U.S. Constitution was made to improve these weaknesses by proposing a degree of centralization which increased government power. On the other hand, Texas Constitution was made to reverse or avoid the ideas of the U.S. Constitution. On one part, the U.S. Constitution wanted to empower government action whereas the Texas Constitution wanted to weaken government action. The Texas Constitution is more geared toward protecting people’s rights whereas the U.S. Constitution protects the nation’s interest. The Texas Constitution has been amended more than 300 times whereas the US Constitution includes the Bill of Rights and the subsequent
Political culture is what the public believes the government’s roles and functions should be as well as how the government should be run. There are three main subcultures in Texas that shape its political culture which include the individualistic, moralistic, and traditionalistic subculture. The individualistic subculture is a belief that the government should intervene with the privacy of its citizens as little as possible while also providing proper opportunities that allow the citizens to achieve personal interests. The moralistic subculture is the public belief that the government should focus on assisting public welfare and encourages active participation by the public in politics. The traditionalistic subculture is the belief that elite
Nowhere is this change more apparent than in fiscal federalism and the economic connection that exists within the intergovernmental funding system. Among the most debatable regulatory trends of recent years is the rise of state and local efforts designed to control immigrant movement and define immigrant access to government funding. Politicians who have addressed immigration federalism largely have focused on whether the national government or the states will be better at protecting or advancing immigrants’ interests. However, the Constitutional conditions set forth in 1787 created the precedence that the states would give up their power to the federal government in order to “form a more perfect union” and in turn, the federal government would provide values and uniform national policy implemented by the states. Additionally, the fiscal or financial federalism would also ensure the equally distributed wealth, employment and resource allocation among the states. This checks and balances process should work consistently across the nation however, not all states are fiscally equal. The federal government, under the Tenth Amendment to the Constitution, does not have a general power to give directions to the states in their primary areas of power. Consequently, more often than not, financial enticement, through grants of money tied to a particular policy objective, has been the favored mechanism