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Texas constitution vs us constitution
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A constitution is a fundamental law or the basic principles and laws of the nation. It is also a necessary tool to run a nation in a proper way. Both Texas constitution and US Constitution are the same kind of documents which contain Bill of rights which helps for the protection of civil liberties from the government infraction and provide s the separation of power between executive, legislative and judicial branches of the government and separate the power between lower and upper level of government. In US constitution, all the states are lower than the federal government whereas in Texas constitution countries are subordinate to all the state government. Texas constitution puts rights as first and is longer and more detail …show more content…
than Us constitution. There is only information which is related to Texas which is not found in us constitution. The US constitution has not been rewritten but the Texas constitution have written several times. The United States Constitution is often referred to as a "living" constitution, because of its adaptability to the emerging and ever changing political and social views, needs and demands of Americans.
Moreover, its enduring nature in a world of continued change has served as a role model for the evolution of numerous governmental institutions and their respective constitutions around the world. Its self-correcting and self-regulating nature made possible through amendments, the constitutional supremacy it embraces, the bill of rights, the separation of powers and its simplicity of design are major strengths of the constitution. The US constitution provides president power of being chief executive, commander in chief and the head of the state in Texas the governor has a same power except the key power of the head of government. The Texas constitution defines the role of the state government and provides the rights of the Texas people. It is subject only to the constitution of the united states and federal laws. Some of the major difference between this constitution is the president of united states can appoint members of cabinet ,court justices ,judges and many others officers of government. And in Texas officers like attorney general, state comptroller are elected. Value of liberty more heavily weighted in Texas system and there is more explicit limits on government power, more explicit reservations to the
people. In Texas the Governments estimate their incomes and the expenses in a budget, just as most family members do. The Texas Constitution requires a balanced budget. That is, the total amount the government spends must not be more than its income and tax from the other sources. With the U.S. Constitution, there was a problem with the earlier Articles of Confederation because the government was too decentralized and not powerful enough. The U.S. Constitution was designed to overcome these weaknesses and offer a degree of centralization and increased government power. But this is precisely what the Texas Constitution was designed to reverse and avoid. The framers of the U.S. Constitution wanted to enable government action; the framers of the Texas Constitution wanted to paralyze government action. The check and balances system is very important part of the constitution because of this all of the three branches are allowed to limit each other. And it makes all branches balance in power. The checks always makes sure that no decision in government is taken lightly. So when the present want to make the treaties with the other country the senate should always approve it. The strength of us constitution is that it gives congress its power and should have minimum number of members presents. The all states should honor the laws of the other state. So everyone has respect with the laws of each other state. The weakness of the Us constitution is that the judge serve for life or until they want to retire which is not a good system because there are lot of other people who is more talented and have knowledge to be a judge .The other weakness of the us constitution is that you must be 35 years of age and born in USA to became a president of the united states. Its not a good system if someone moved here in us and became a full citizen and have more knowledge and ability to be a leader then they should get chance to be a president. The United States Constitution is deeply flawed, to the point where some of its strengths represent major threats to its original purpose put forth by the founding fathers. Although federalism is vital to avoid the concentration of power in a single structure of government, it blurs the concept of the separation of powers by providing the national government with sufficient protection to surpass the power allocated to states. In the time being there is not an easy approach to deal with this dilemma; however, it is not terribly hindered to solve as to set it aside for another 200 hundred years. Therefore, one of the first measures to deal with the problem in question is to narrowly draw the jurisdictional boundaries in order to define the power reserved for each structure of government, so that no structure has an unfair advantage over another. Such a measure should address the insufficient protection given to the states as compared to the national government. The other weakness of Us constitution is that its congressional stagnation. There is the absence of limit in term in congress which has been an issue among politicians. Term limit in congress would bring the inexperience individual taking role. There is also a less involment of public in the election of the congress as of president.
The role of an executive branch is to carry out the law. Many states switched to the plural executive form of government because state governors were known for abusing their power when appointing friends to political positions or handing out favors when they requested. A plural executive system which means the power of a governor is limited and distributed among other government officials. Which means, that there is not an government official in Texas that has the solely responsible for the Texas Executive Branch. Some of the members of the Texas Plural Executive and their roles are Lieutenant Governor serves as the presiding officer is first in line of succession for governor, is elected to 4 years terms by the public with no terms limits. Attorney General serves as the lawyer for the state also represents the state on civil matters and is responsible for the interpretation of the
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.
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
...iminal code, and the Court of Criminal Appeals, both are equal in prominence and decision-making capability. M most positions in the US Government outside of the President and Congress are appointed by the President, confirmed by the Senate. In Texas, only the Governor's and Lt. Governor's aides and some cabinet positions are appointed, all other positions are elected, including that of the State Attorney General, Comptroller of Public Accounts (basically, the State Accountant and Tax Assessor), and Railroad Commissioner (who controls and regulates the state's land and mineral resources).
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
The Texas constitution draws clear lines for separation of powers. The role of a legislative branch is to create laws and be leaders. However since the 1930s, the executive branch of the national government is taking powers away from Congress, and causing this “leadership” branch to become more of a “managerial” branch. United States Federal Legislation is not clearly separate from the executive branch. This causes certain executive powers
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.
A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government. After the American Revolution, each of the original 13 colonies operated under its own rules of government. Most states were against any form of centralized rule from the government. They feared that what happened in England would happen again. They decided to write the Articles of Confederation, which was ratified in 1781. It was not effective and it led to many problems. The central government could not regulate commerce between states, deal with foreign governments or settle disputes. The country was falling apart at its seams. The central government could not provide assistance to the state because there wasn’t a central army. When they realized that the Articles of Confederation was not up to par, they held a convention, known as the Constitutional Convention of 1787. As a result of t...
Unlike the United States Executive Branch, where the President of the United States appoints his cabinet, the Executive Department of the State of Texas is all elected by the public with the exception of the Secretary of State and the State Board of Education, which are appointed. With this power being distributed by the voters, it makes the Executive Branch less powerful than the other two branches in the state. This weakness in the branch was even stated in a Wall Street Journal article by Jonathan Weisman in 2011, “By constitutional design that dates to Reconstruction, Texas has a weak governorship. In addition to the legislature, power is diffused among 270 agencies, boards and commissions”. This statement alone certainly conveys that the Executive Branch has clearly been weaker than the other two branches of authority in the State of Texas.
The Texas government is an unusually complex institution that is composed of many different levels. Everyone asks, with a constitution like the one Texas has, can people really trust the government? The main reasons why people might not be trusting of the government are that they might believe that the officials take advantage of their power, or want to try to control them. The Texas legislature is also subject to checks and balances in the three branch system. For example, the governor 's power to veto bills, which is rarely overridden, and to call special sessions; while the court has the power of judicial review. In Texas, the Constitution divides the powers
The Constitution is the foundation of our county it represents liberty and justice for all. We are able to live freely and do, as we desire because of the constitution. The constitution was, signed September 17, 1787 at the Constitutional Convention in Philadelphia. It took time and many debates were held before an agreement was achieved in both the drafting and ratification of the constitution. These disagreements came with several compromises before the constitution was fully ratified on May 29, 1790, with Rhode Island being the last and the thirteenth. The First, challenge was the Articles of Confederation; it was a sort of a draft of the Constitution but was weak and inadequate. Second, obstacle was the Anti-Federalists fight for more
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.