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Describe the texas constitution
Texas government and politics in the federal system
Criticisms of the texas constitution
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Texas is big! From the size of the state, to our trucks, and to our pride, there are countless examples of why “everything is bigger in Texas”. Even our state constitution is bigger! With approximately 87,000 words and 474 amendments, the current Texas Constitution of 1876 is one of the longest state constitutions in the United States. Compared to the United States Constitution with only 4,400 words and 27 amendments, one wonders how the Texas state and local governments can operate efficiently with such an overwhelming document. The length and detail of the constitution stem from the specific policies written into the document, making it statutory in nature. This specificity has resulted in a restrictive document that requires frequent amending. …show more content…
It should grant and limit different powers and responsibilities to the different levels of government and set guidelines for making policy. It should not include specific policies or statutes (Brown et al. 59). Excessive details should be reserved for statutory laws. Writing solutions to specific problems in a constitution causes the need for frequent amending as new issues arise (Brown et al. 59).
The United States Constitution contains the “Necessary and Proper Clause” which grants Congress the power to enact statutory laws that are “necessary and proper” for carrying out the enumerated powers (US Const. art I, sec. 8, claus. 18). Texas has no equivalent to the “Necessary and Proper Clause” in its constitution. This limits the legislature to powers only specifically written, and thus driving the requirement for frequent constitutional amendments for even minor legislative changes.
To amend the Texas Constitution, the legislature has to approve a joint resolution by a two-thirds vote in both chambers. Then the Secretary of State prepares a statement of the proposed amendment. The statement is approved by the Attorney General and then posted in official state notices in newspapers and courthouses. Then, in a general or special election, voters must approve the proposal for it to become an amendment (Brown et al.
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Admittedly, attempting to rewrite the constitution requires time, money, and diligence, with no guarantee of success. Completely rewriting the constitution could also be a risky undertaking (Brown et al. 74). The drafters of the new constitution would have to take special precautions to ensure that many of the current constitution’s positive aspects would not be changed. For example, the Texas Constitution has the Texas Equal Legal Rights Amendment (ELRA) which states, “Equality under the law shall not be denied or abridged because or sex, race, color, creed, or national origin” (TX Const. art. I, sec. 3). Although proposed, the equivalent Equal Rights Amendment (ERA) for the United States Constitution has never passed. The drafters of the new constitution would have to devote the time in an off-year special session to ensure that vital aspects such as this
Texas Constitution is long and detailed, containing a range of statutory provisions that specify exactly what the government is allowed to do and is prohibited to do. In case of any public policy challenges, public
The American way of living and thinking in Texas have changed tremendously over the past century. Political ideals are one thing that changes with time, and have transformed with the changing times well. The Texas constitution of 1876 was a landmark for the state and has been part of the state’s history since then. The Texas constitution of 1876 is still in use today but with all its harsh restrictions it is considered one of the most confusing of all the state constitutions. The constitution became one of the most prominent changes to Texas education system and politics.
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.
The United States' Constitution is one the most heralded documents in our nation's history. It is also the most copied Constitution in the world. Many nations have taken the ideals and values from our Constitution and instilled them in their own. It is amazing to think that after 200 years, it still holds relevance to our nation's politics and procedures. However, regardless of how important this document is to our government, the operation remains time consuming and ineffective. The U.S. Constitution established an inefficient system that encourages careful deliberation between government factions representing different and sometimes competing interests.
When all attempts to arrive at a formal annexation treaty failed, the United States Congress passed--after much debate and only a simple majority--a Joint Resolution for Annexing Texas to the United States. Under these terms, Texas would keep both its public lands and its public debt, it would have the power to divide into four additional states "of convenient size" in the future if it so desired, and it would deliver all military, postal, and customs facilities and authority to the United States government. (Neither this joint resolution or the ordinance passed by the Republic of Texas' Annexation Convention gave Texas the right to secede.)
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.
Federal laws and regulations contain many loopholes, are inconsistently interpreted and may be repealed outright (NOW 1). Many supporters claim the Equal Rights Amendment is needed "to clarify law for the lower courts, whose decisions still reflect confusion and inconsistency about how to deal with sex discrimination claims (Francis 2). There is a supporting theory argument that "an amendment to equality would absolutely shift the burden away from those fighting discrimination and place it where it belongs, on those that deserve it.... ... middle of paper ... ...
To this day, Americans have many rights and privileges. Rights stated in the United States constitution may be simple and to the point, but the rights Americans have may cause debate to whether or not something that happens in society, is completely reasonable. The Texas v. Johnson case created much debate due to a burning of the American Flag. One may say the burning of the flag was tolerable because of the rights citizens of the United States have, another may say it was not acceptable due to what the American flag symbolizes for America. (Brennan and Stevens 1). Johnson was outside of his First Amendment rights, and the burning of the American flag was unjust due to what the flag means to America.
12 April 1844 was the Treaty of Texas’ Annexation into the United States of America. We take note that Texas was accepted into the “Union States” as an anti-slave state, as were all the territories annexed from the Mexican War. So finally, on 29 December 1846, the 29th Congress met and concluded in the Joint Resolution of Congress that the Republic of Texas was to be accepted as a new state in the United States under a republican government, equal to all of the original states before it and in every respect. Texas was entitled to two representatives in the House of Representatives until the government did a census of Texas’s people.
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.
The funding of public education has long been an issue for the state government of Texas. Starting before Texas was even a state, public education funding was at the forefront of politicians’ minds. In 1836, one of the reasons Anglo-Texans wanted to become independent from Mexico was Mexico’s lack of a public school system (An Overview of the History of Public Education in Texas, 2016). This drove the desire of President Mirabeau B. Lamar of the Republic of Texas to create legislation that would grant public schools land (A Brief History of Public Education, n.d.). This act set aside four leagues of land per county for the use of free education centers and thus began the funding of public education by the state government (An Overview of the History of Public Education in Texas, 2016). In the last 177 years, the Texas Legislature and the Texas Education Agency have created numerous acts and laws regarding the funding of education, but it has been in the last 50 years that this topic has become highly contested, resulting in several lawsuits and endless efforts (by the school districts) to equalize the distribution of funds to Texas school districts (Texas School Finance History, n.d.). In sum, the complex issues and policies that surround the funding of public education are derived from a combination of the legislature, bureaucratic agencies, and local governments in the form of school districts.
Texas is an intricate state with deep roots embedded in limited government authority. Almost all, Texans, favor the limited government between citizens and state. The two most important cultures in Texas are individualistic and traditionalistic culture. Individualistic views are summoned by limited government and that politics are the root of malicious acts, and is usually responded with negative reactions from the community. The individualistic cultures’ vision is egotistical for ones self-interest. The individualistic culture is viewed as priority in private independent business rather that those of the community as a whole. Unlike individualistic views, traditionalistic culture is motioned by conservatism. This cultures vision is supported by the common wealth of society’s privileged. Its beliefs are usually of distrust in its bureaucracy. Traditionalistic culture maintains an obligation to its family hierarchy. The traditionalistic subculture has a lower voting turn out rate compared to the opposition. These distinctive cultures were bestowed upon Texans in the 1800’s, when Texas was changing into a diverse and demographically society. Individualistic and traditionalistic cultures are the outline of ideology and certainty to the way Texas government is administrated. This has a huge impact on the way the Texas structures its government and why people support such a structure. And Texas is viewed as both subcultures.
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
The Texas Constitution continues to be in a constant state of development as there have been 673 amendments proposed since 1876 and 491 of which have been adopted. This ability for both the Texas Constitution and the citizens themselves to adapt to change shows the strength of each. The Constitution is stronger as a result of the people and the people continue to be stronger as a result of the Constitution. With the authority that was delegated by the Texas Constitution to the Legislative, Executive, and Judicial departments the citizens of the State of Texas have been given a strong foundation upon which to build a tremendous