Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
How similar are the texas and us constitution
How similar are the texas and us constitution
Describe the texas constitution
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: How similar are the texas and us constitution
Both the Texas and US Constitutions are documents that represent the freedom and equal opportunity the citizens under these documents have. Although these Constitutions have the same message of freedom both are different in structure of the constitutions, powers held in the executive branch, structure of the supreme court and the amendment process. The first recognizable difference between the constitutions is structure and length. The Texas constitution consists of seventeen articles while the US constitution only has seven articles. However, parts of the Texas constitution were removed or repealed. These repeals happen in 1969 the article thirteen of the Texas Constitution under the title of Spanish and Mexican Land Titles, and sections …show more content…
from article 10, 12, and 14 were repealed. Both constitutions have Bill of Rights however while the US Bill of Rights is attached at the end of the constitution, Texas’s Bill of Rights is article one of their constitution. The Texas Bill of Rights covers rights already stated in the US Constitution but also gives Texas citizens’ rights that are not specifically stated in the US Constitution. An example is protection from discriminating base on sex. The Texas constitution holds the executive branch as being plural meaning all members are elected by the people.
The United States has a unitary executive branch meaning members in the executive branch are chosen by the president who is the only one who is elected by the people. This does not mean the Texas governor has no appointment powers. The president appoints powers is only greater then the governor’s being able to appoint the fifteen members of the president cabinet and supreme court justices. The Texas governor can appoint members of the executive branch and judicial branch but only when there is a sudden vacancy to the spot and someone is needed until the next election. Both the governor and president have four-year terms, but the Texas governor has an unlimited number of terms they can serve if they are voted majority and the governor doesn’t resign. The president can only serve two four-year terms that can be consecutive or nonconsecutive. The Texas governor operates like the US president handling foreign affairs, budget handled by legislative and passing or vetoing bills passed by legislative. The governor and president are commanders-in-chief of a respected armed organization. The president has power over the US army and navy …show more content…
while the governor has power over the state militia. The state militia consists of two groups the Texas National Guard and the Texas State Guard.
The message power gives both the governor and president power to give a speech to address legislative agenda. In federal government this speech is called the State of the Union Address while in Texas it is called the State of the State address. The Lieutenant Governor in the Texas Constitution holds powers like the Vice President of the United States. Both hold the power of the governor or president when that person is absent and are the heads of their respect senate chambers. However, the Lieutenant Governor has more power as Head of the Senate then the Vice President. Through history the Vice President has had little importance besides breaking ties. The Vice President is mostly not involved in the Senate instead the Senate appoints a head called the president of the senate pro tempore who is more involved in Senate then the Vice President. The Vice President is a part of the National Security Council however the lieutenant governor is a part of more committees and councils that gives the lieutenant governor more influence in the Texas government. The Lieutenant governor is a part of the Legislative Budget Board, Legislative Council, and Legislative Audit Committee. The Lieutenant
Governor also has influence in the Sunset Advisory Commission the commission that reviews departments under the executive branch. Boards, Commissions, and Committees of the government in both the state and federal level are under the executive branch. These organizations are appointed, created, and reviewed by the executive branch. The roles of the other members of the executive branch in both governments are different. The other members of the US executive branch are known as the president cabinet. Because the US president oversees the executive branch, the president cabinet are advisors to the president. The US constitution makes no clear statement about the president cabinet only saying, the president "require the Opinion, in writing, of the principal Officer in each of the executive Departments.” This has allowed the president’s cabinet to expand in number from its beginning. The president cabinet consists of fifteen members for each of the departments. The other members of the Texas executive branch work independently of the governor taking administrative power of parts of the government. For example, the commissioner of agriculture handles all laws and activities involving agriculture. Both Texas and the United States Constitutions have Supreme Courts as the highest court in their judicial system. Texas’s Supreme Court is split into two courts one simply called the Supreme Court that deals with civil cases and another called the Court of Criminal Appeals that deals with criminal cases. The United States Supreme Court deals with both civil and criminal cases. The requirements to be a justice of these courts and their elections are completely different. In Texas, to be a justice in the Court of Criminal Appeals must be at least thirty-five years old with at least ten years of experience as a lawyer or judge. To be a justice in the Supreme Court in Texas a person must be at least be thirty-five with ten years of experience and a citizen of the US and resident of Texas. At the US Supreme Court there is no written requirement to be a justice. This is because the president appoints the justice however as a check the president must have approval of the senate, so the president is influenced to pick someone qualified to be a Supreme Court Justice. So, at the US Supreme Court there is no election of the justice however in Texas there is. In Texas justices are elected by the people for six-year terms with no limit on the number of terms that the justices can serve. In the United States once justices take office they have no reelection. The justices stay in office for life till they are impeached or resign. Both the state government and federal government have a process of amending their constitutions. First in both the Texas and the US the proposed amendment is accepted by two thirds in house and the senate. Or in the United States a convention of the states called by Congress adopts an amendment although this process has never been used. From here the ratification for an amendment in the Texas and United States Constitution is different. In Texas the amendment is placed on ballots for voters to vote on. If the amendment gets majority vote the amendment becomes a part of Texas’s constitution. In the United States once an amendment passes the house and senate, the amendment must be ratified by three quarters of state legislative or state amendment conventions. The US has ratified twenty-seven amendments while Texas has four hundred and ninety-one amendments. This is because in Texas amendments to the constitution are proposed more often then at the US level. In conclusion, both the Texas constitution and US Constitution are similar in structure between them, having an executive branch, Supreme Courts and an amending process. However, the powers and how these departments and processes work are different.
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.
The Mississippi Constitution and the U.S. Constitution are both similar and different at the same time. For example, both of the preambles are similar and focused on the people that live there. However, the Mississippi Constitution has some limitations that the U.S. Constitution does not hold its people accountable for.
There is much debate in political theory about the definition of a constitution. Generally, it is considered as a “single governing document”. If that is the case, then the U.S. Constitution is the oldest in the world (Berry, 2011). The Framers, upon writing it, aimed to create a document that would stand the test of time. Despite changes in population size, racial and religious components, and even the modern day technology, the objective has clearly been achieved. Elkins claims that this is primarily due to its flexibility. Judicial review interprets the document with the rapidly changing society in mind (as cited in Garza, 2008). Many state constitutions, on the other hand, have not survived as long. Since many have been written with specific people and localities in mind, they have not been able to adapt to change well. Louisiana, for example, has had 11 state constitutions. It is common today, for states to consider overhauling their current constitutions (Morris, Henson, & Fackler, 2011).
The office of president of the Republic of Texas was superseded and the state governor was first established in the Constitution of 1845 (“Phillip, Fry,” 2010) The Constitution of 1845 vested executive power in the governor and the election was done by the qualified voters of the State. In comparison, the Constitution of 1876 created plural executive, dividing the executive power among a governor, lieutenant-governor, Secretary of State, comptroller of public accounts, treasurer, commissioner of the general land office, attorney general and all of the officers of the executive department. All of these positions are elected by qualified voters except the Secretary of State who is appointed by the governor. The governor remains the commander-in-chief of the army and navy of the State and the militia in both the Constitutions. Also, the Constitution of 1845 placed a limit on the governor’s salary to two thousand dollars annually, which was amended on November 2, 1954 removing this limit. Although there has not been much change in the requirements to become a governor, the Constitution of 1845 limited the governor to two two-year terms in six years compared to the four-year term in the Constitution of 1876 (“Constitution of Texas,” n.d.; “Texas Constitution,” n.d.)
The government officials have a scope of duties that they are required deal. The governor may create the budget, appoint executive boards, and declare martial law, so the scope of the governor’s duties range from budget to martial law. I believe citizens will find the budget very important because that is where their tax money is and people typically want to know where that is going. The lieutenant governor is the president of the Senate, which according to the textbook by Benson, Clinkscale, and Giardino, “many political scientist believe…is the most powerful position in the state,” (218). The senate is a part of the Texas legislature, so making laws is very important to the public because the citizens are the ones who have to abide by the law. The attorney general is elected by the public and basically the state’s lawyer, so his issues are important to the people because he deals with making laws (Benson, Clinkscale, and Giardino 220). The comptroller is “the state’s chief accountant and financial officer,” so the public should be interested in the financial aspects of the state (Benson, Clinkscale, and Giardino 221). The land commissioner manages leases and the state’s public land, so the issues that are under the title may not be as important as the comptroller or lieutenant governor’s
For almost fifty years, from 1827 to 1876, seven constitutions were adopted and implemented for Taxes and each one has its set of laws and contained specific ways, aimed at correcting the deficiencies and drawbacks of the previously adopted order. The Constitution of 1876 is the sixth one, which set the rules and laws for Texas government since the state has achieved its independence from Mexico in 1836. The constitution established the principles of Texas Democratic Government and specified the laws, which were applied to the three branches of government: legislative, juridical and executive.
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 United States Constitution and Texas Constitution are similar, but not indistinguishable. One can see that the constitution was made to prevent tyranny in the states from the idea of the federalists who wanted to build a strong form of government that gave people rights without giving their representatives too much power. In the U.S. Constitution, the elites made the decision that they would form a representative government with a Bill of Rights in order for the anti-federalists to agree to sign. The constitution established a stronger form of government, which helped the economic and social tensions. The constitution consists of: the preamble, which states the general principles for a government, the Bill
In 1918, while the rest of Europe was still engaged in World War I, a newly formed communist government was developing in Russia. Much like 18th century Americans, they had just managed to overthrow what was viewed as a tyrannical government and hoped to form a new nation free of the injustices of the previous rule. Both countries wrote a new constitution as well as a declaration of rights to facilitate this, but their respective documents had vast differences. These disparities stemmed from differences in the ideologies of the new governments. The primary objectives of the Russian Declaration of Rights of the Working and Exploited People and the later constitution were the “abolition of all exploitation of man by man, complete elimination of the division of society into classes, merciless suppression of the exploiters, socialist organization of society, and victory of socialism in all countries.” Americans wanted equality of opportunity and personal freedom instead of the social equality desired by the Russians. The American constitution and Bill of Rights were created to protect personal liberties and individual freedom while the Russians were more concerned with the welfare and equality of the population as a whole. This difference is partially due to the differences in the conditions leading to revolution in each country. The American Revolution was initiated by the wealthy in response to what they considered unfair treatment by a foreign ruler while the Russian revolution was instigated by the poor in reaction to centuries of oppression and exploitation by the wealthy within their own country.
On a final note, both Constitutions were created for the same purpose namely, to withhold the fundamental principles of a nation. They are governed by a group of people who limit and regulate the basic rules. Texas has had a constitution for each political condition of its history.
The United States Constitution and the Articles have several ever present difference that some considered to be too radical. In terms of levying taxes, the Articles Congress could request states to pay taxes while with the Constitution; the Congress has the right to levy taxes on individuals. The Articles government had no court system while the Constitution created a court system to deal with issues between citizens and states. The lack of provisions to regulate interstate trade the Articles possessed created large economic problems, leading into a depression in the mid 1780's. The Constitutional Congress has the right to regulate trade between states. The Constitution has a strong executive branch headed by our president who chooses cabinet and has checks on power of the other two branches; the Articles had no executive with power. The president merely presided over Congress. The Articles took almost 5 years to ratify due to the fact that 13/13 colonies needed to amend the Articles before it could go into affect, with the Constitution, 2/3 of both houses of Congress plus ¾ of the states legislatures or national convention had to approve. During the years under the Articles, foreign soldiers occupied US forts during our early years, we were unable to force them out due to the fact that Congress could not draft troops, and they depended on the states to contribute to the forces. Under the Constitution we have the ability to raise an army to deal with any sort of military situations. In terms of passing laws, under the Articles 9/13 states needed to approve legislation while under the Constitution, 50% plus 1 of both houses plus the signature of the president is needed to pass a law. The Articles had a huge problem when it came to state representation. Under the Articles every state only received one vote, regardless of its size, this hindered the power of the larger states. With the Constitution, the upper house (Senate) has 2 votes and the lower house (House of Representatives) is based on population. When two states had disputes the Articles had a complicated system of arbitration to go through before any resolution was reached, under the Constitution, the federal Court system handles disputes between states.
Texas is a unique place with a colorful history of legendary cowboys and tall tales. The state stretches over the middle section of the southern United States. Texas has experienced shifts in governmental control within the United States. French, Spanish, Mexican, and Confederacy, and all having once been in charge, not to mention the time Texas spent as an independent republic. Texas has had many battles and wars within its borders, resulting in seven different constitutions within a span of fifty years between each document.
Our Legislative Branch has two chambers or as some will call it bicameral. The chambers consist of the Senate and the House of Representatives just like the National Legislative Branch. In our Senate we currently have a total of 31 members and there are 150 members in the House of Representatives. Senators hold their seat for 4 years and their election years are spread out while the House of Representatives are elected for two-year terms. In our Texas Legislature we have a few authority figures. “The Texas Constitution provides that the lieutenant governor shall serve as president of the senate, the presiding officer of that body. The lieutenant governor is elected statewide by voters of Texas and is the second-highest ranking officer of the executive branch of government”. (Texas Medical Associaton) In the House of Representatives we have a Speaker of the House who is chosen in each time a new legislature starts by its own members. “The speaker maintains order during floor debate, recognizing legislators who wish to speak and ruling on procedural matters.” (Joe Straus Speaker) There are also many committees who act as important gatekeepers and shape the proposed legislation. (University of Texas at Austin). The main pu...
The Texas Constitution provides for the division of power and integration of Bill of Rights to the constituents of the State of Texas. The Texas Constitution is made up of a preamble, seventeen articles, and an appendix. The current Constitution was written on November 26, 1875, and adopted February 15, 1876, it is also the eighth constitution to be adopted by the State of Texas. Similar to the United States Constitution the Texas Constitution contains a preamble as follows, “Humbly invoking the blessing of Almighty God, the people of the State of Texas do ordain and establish this Constitution” (Tex. Const., pmbl).
Our government here in Texas has three major parts that play a significant part in our decision making process. These levels have been deigned to decentralize power and make it more affective for the public's needs. The primary level is the Texas legislature. It is almost a given to say that everyone has at least heard of the legislature. Some variables that the legislature contains are the Lt. Governor, the Speaker of the house of Representatives and Committee Chairs. The Speaker acts as the presiding officer over the house and has two levels of power. These two levels are institutional powers which allow the officer to preside over the Legislative Audit Committee and Sunset Advisory Committee.