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Reason for the texas constitution
Reason for the texas constitution
Texas constitution quizlet
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The constitution establish major governing institutions, assign institution’s power, place explicit and implicit control on power granted. All this gives the political legitimacy. The U.S constitution gives the base model for state constitution for Texas.
Strict constitution is a legal philosophy of judicial interpretation in which the original intent of the constitution holds that the Constitution means exactly what it says. Strict means limited government and mostly the governments are limited by the statues or formal written enactments. Statutes command or prohibit something, or declare policy that are laws made by legislative bodies and distinguished from case law which is decided by courts, and regulations issued by government agencies.
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Statutes are sometimes referred to as legislation. Because statutes are sources of law, statutes are considered primary authority. Loose constitution is the based on the idea of the Founding Fathers could not have foreseen what the world be like in the 21st Century, and that the Constitution must thus be interpreted in light of historic and societal change. Loose constitution means the government has most of the power of a country. Personally, I prefer loose constitution because when the government has too much power for a long period, they will begin to change the way they govern. There are many items that can be argue over, but the most important one is the degree of democracy and political participation. The degree of democracy determines the power of citizens will have in a nation. For example, the citizens can choose a representative to make decisions for them in the United States, and that is called the indirect democracy. Political participation is important is important because people need to understand the government works in order to know what is happening in the nation, and the best way to understand the government is to participate. In 1827 - 1836, Texas was called the Coahuila y Tejas was a Mexican State.
Its breakdown in Mexican Statehood was caused by Gnereal Santa Anna’s centralized all power in Mexico City and limited U.S. trade, and the Battle of the Alamo was the final nail in the coffin. Then Texas was called the Republic of the Rio Grande, and the capital was Laredo. It was a small country that only existed in 1840, but it was never officially recognized. The second constitution was the Republic of Texas in 1836 to 1845. It was an independent nation that nearly copied the US Document. Texas mandated homestead protections, establish wife and community property rights, and legalized slavery. The Republic of Texas breakdown caused by the US Statehood in 1845. After, the Republic of Texas became the State of Texas in 1845. This breakdown when economic tyranny by the north and slavery. 1861 - 1865, the Confederate State of Texas replaced US with Confederacy in the documents of 1845 and banned the freeing of slaves. It breakdown caused by the lose of Confederacy in Civil War. The history of how Texas got to the current constitution can be compare to the Mexico history. As Texas gained their independence from Mexico, Mexico gained their independence from Spain.
After looking over the articles in Texas Constitution, I found interest in the first the Article 1. Every citizen should know that the first Article is the Bill of Rights, which is also the first ten Amendments of the United States Constitution.
Bill of Rights gave the rights including equal rights, religion rights, and freedom of speech to all people to defend themselves as a human being. The bill of rights could be compare to my parents’ rules in my house. Whenever I don't follow their rules, I will get punish by violating the rules.
From five states arose delegates who would soon propose an idea that would impact the United States greatly. The idea was to hold a meeting in Philadelphia called the Constitutional Convention in 1787 meant to discuss the improvements for the Articles of Confederation and would later be called the United States Constitution. The United States Constitution was greatly influenced by Ancient Rome, the Enlightenment, and Colonial Grievances.
It is surprising to know that in the span of 49 years, Texas went through seven different constitutions reflecting the changes of time. Every experience Texas went through made the constitution more and more detailed and showed more distrust in the government. However, time has changed Texas from an agricultural world to a technological world and yet the Constitution of 1876 remains the law of the state. Although Texas endured the Civil War and the Reconstruction period after the Constitution of 1845 was ratified, the Constitution of 1876 was drafted from the Constitution of 1845.
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
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.
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.
The. 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.
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,
Now, the Mexican Revolution was just a small beginning for the eventual state of Texas. Back in 1809, Texas was just a provenance in the Spanish Empire and its inhabitants were mostly converted Native Americans and people of Spanish descent, but not native born of Spain. The Spanish born people had more rights and were, according to the law, superior to all others. This and more oppression by the Spanish against the Mexicans (i.e. the Native Americans and non-Spanish born), caused an uprising by the common people that was started by a Catholic priest in 1809. It would take 16 more years before Mexico had won its independence from Spain like the US had from Great Britain.
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).
From being established as a Spanish colony to an independent nation to finally as a state within the United States, Texas, as it is named today, held its fair share of battles and conflicts on the way to how it is today. Most notably is The Texas Revolution in which the colony fought the recently independent Mexico to become its own republic. And the colony actually succeeded in doing so by issuing the Texas Declaration of Independence on March 2, 1836 and later the Treaties of Velasco which on paper ended the fighting between Mexico and Texas.
Strict interpretation has been described as the Constitution authorizing a power or privilege in order for either the action or privilege to be legal. Loose interpretation has been described as the government being able to act seemingly freely as long as the Constitution doesn’t prohibit an action. Furthermore, our Constitution is definitely a profound document. The Constitution is small, compact, and written in very plain language easily understood by all. The Constitution is unlike our legal code, which makes its contents accessible to anyone who can read. That's intentional and a loose interpretation completely stirs away from that
The Texas legislative branch is the most powerful branch in the Texas government. The demographics of the branch poorly represent the make of the Texas’ population. The state of Texas has approximately a fifty-fifty split between men and women. The Texas House of Representatives are split with a twenty-one percent to seventy-nine percent men representation. The senate differs slightly in that women make-up twenty-three percent of the senate and men make-up seventy-seven percent of the senate. Furthermore, the Texas population is about fourth-seven percent Democrat and fifty-three percent Republican. However, due to gerrymandering, and discouraged voters and nonvoters the actual legislative representation of the legislative branch is disproportionately
The constitution in itself decentralizes power because in the Reconstruction of 1869 the main goal was to avoid the happenings of past constitutions that allowed too much power to be given to the Governor’s office that caused corruption and turmoil. Because of the money that was stolen, the lost property of citizens, and businesses, the Texas Constitution made the office of the governor weak. The government structure is now referred to as a Plural Executive, meaning the power is spread out throughout executive positions. These executives are now state wide elected officials that represent the values of the percentage of the population who vote, who are mostly white, of higher income and higher education. The agriculture commissioner is responsible for varieties of programs that promotes agricultural economy and encourage healthy living. The land commissioner serves as the head of the Texas General Land Commission which manages land and mineral rights. The comptroller heads the department that tracks all state money and they provide the framework for developing the state’s biannual budget which can then be signed by the governor and back to the comptroller to at least balance out the budget that the State of Texas is constitutionally obligated to adhere to. Until the comptroller certifies that the budget is balanced or a