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Comparing constitutions & rights: canada versus the usa
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To govern is to control, influence, or regulate. The very basis of our country and state’s constitution does just that. It is quite remarkable that a document, put together over 220 years ago, has held its ground and gone to influence other countries’ and states’ governments, just like our very own state of California. When comparing the U.S. Constitution with the California Constitution, readers can very much identify the similarities to one another as well as major differences that distinguish the state and the country’s government. The two documents contain very general similarities. They both have a bicameral legislature, which means that they have two chambers or houses. They also both have a Bill of Rights which showcases the rights that the citizens have. Like the U.S. government, the Californian government also has a legislative, executive, and judicial branch where, in short, the legislative branch makes the laws, the executive branch carries out the laws, and the judicial branch interprets the laws, among other things. In order for both governments to run smoothly, California was influenced by the federal system of checks and balances, meaning that no single branch of government can become too powerful. In addition, the state governor has similar duties to the president such as serving as commander in chief of a militia and having the supreme executive power (Cal. Const. art. V, § 1&7). Although, within the similarities, many differences can be noted between the two documents, ranging from minor differences to major differences. Starting in the legislative branch, some minor differences include the federal bicameral legislature containing the Senate and the House of Representatives (U.S. Const. art. I, § 2&3), whereas ... ... middle of paper ... ...tering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin” which still lives up to itself now (Cal. Const. art. I, § 8). In addition, non citizens of the state “have the same property rights as citizens” (Cal. Const. art. I, § 20). There are a ton more differences the Californian Constitution has from the Bill of Rights, mainly because of how vague the document is, which gives the federal government the room to interpret as necessary. Researching and reading about both documents entirely enforces the notion that to govern is to control, influence, or regulate. All these laws and rights make for a controlled environment to live in which is being constantly questioned and infracted unpin everyday. The Founding Fathers put forth an amazing document that will live on for years and years to pass.
The United States Constitution begins with the simple phrase “We the People”. Yet, with three simple words, the ideology it stands for has shaped the entire country (O’Connor et al., 2011). The short phrase signifies that the document, and thus, the government, is based upon the people themselves. The Constitution reflects the culture and ideologies of its citizens. Similarly, state constitutions reflect the people, albeit in a more specific locality. The key differences between the United States Constitution and that of local states are due to the distinctions between the scope and characteristics of the people they govern.
These three branches of government are exactly the same in present day, but how they are elected and appointed to their position is the only difference. The idea and structure of the representative government is the most evident
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
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 constitutions have many similarities yet they are still unique. Both of the constitutions have the three branches of separation of power included in them which are the Judicial, Executive and Legislative branches. They have the same rules with them, the legislative can still override the executives veto and leaders can be impeached. The
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.
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.
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 United States Constitution is one of the most used documents in American History, as it is the foundation of American democracy. Within the constitution, the tenth amendment grants, “…The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Thus, Texas also has a Constitution, which outlines important powers within the state, itself. Both of these documents are extremely important to understand together, but to also understand their differences. Some examples of the differences between the Texas State Constitution and the United States Constitution include, the powers of the President and the Governor, the varying Legislative sessions,
The Senate has the power to approve treaties proposed by the president as well as confirming the president's choice for judges, cabinet members and other officials.(Burns, 308) It also has the power to perform hearings, after the House has voted to impeach a president or federal judge. The House of Representatives has the authority to propose taxes, but the Senate must approve the bill first. In the House of Representative, the Speaker has a lot more say in how things are run than Senate leaders, who have to rely on persuasion to manage business.(Burns, 306) The House members form committees and subcommittees to debate issues. "Congress tends to have more power in domestic than foreign affairs."
The U.S. Constitution has a unique history. Facing drafts and ratifications it was finally created under the founding fathers in 1787. The constitution is the foundation for the government we have today and influences almost every decision that government officials make. However, before the constitution was influencing, it was influenced. The political, economic, and diplomatic crises of the 1780s not only helped shape America, but also the provisions found the constitution.
government’s ability to hold true to its true purpose, which is to establish a government
Unlike many other foundational documents written by other counties, the US Constitution has held strong from the start. The Constitution is at the center of our everyday lives and is the reason we are able to live with the freedom and security that we do. As the Constitutions author, contents, and effect on the US are evaluated it is very clear why America holds so strongly to the foundation the Constitution set in place.
...ch the Bill of Rights can be exercised in state and local governments. While the Bill of Rights had been enacted in the late eighteenth century, it took two more centuries before limits were placed on state governments. This, is credited to ratification of the Fourteenth Amendment. While the Fourteenth Amendment may not have been intended for this purpose, it aided in the application of the Bill of Rights. Landmark cases such as Barron v Baltimore, the Slaughterhouse Cases, Hurtado v California, and WV Board of Education v Barnette, demonstrate the revolution of incorporation.
Democracy has been the root of a limited government, the system of which government powers are distributed so that one group of leaders do not have too much influence. The limited government has been structured to keep peace amongst all parties that are involved in the government. And under the U.S. Constitution, citizens are given ultimate power by their right to choose their representatives through the democratic process of voting. Each levels of the government are limited as they have their own responsibilities. The city government has the most local level of government as the residents elect a city council and mayor to represent their interest at the city level. All city governments establish housing and health regulations, and are responsible