Texas Constitution Overview

Study Notes

Texas Constitution Overview

Federalism divides power between national and state governments; state laws must align with the US Constitution.
The Twenty-Sixth Amendment prohibits states from restricting voting rights based on age for citizens 18 and older.

Background of the Texas Constitution

Texas has had several constitutions since 1845 when it joined the United States.
The 1845 constitution established a three-branch government: legislative, executive, and judicial.
Texas Legislature operates as a bicameral system, differing from Nebraska's unicameral legislature.
Initially, the governor of Texas could appoint state officials and judges, akin to presidential powers.

Constitutional Changes and Amendments

The 1875 Constitutional Convention limited banking powers, prohibiting branch banking to foster local community ties.
The 1876 constitution remains the fundamental law, approved by voters, and continues to affect Texas governance today.
The Texas Constitution is lengthy (80,000 words) and contains similar features to the US Constitution, such as a Bill of Rights, separation of powers, and a bicameral legislature.

Amendment Process

Amendments require a 2/3 vote from both legislative chambers and approval by popular vote, contrasting with the federal amendment process where public voting is not involved.
Voter turnout for Texas amendment elections is low, averaging about 1/7 of presidential election turnout, yet 483 out of 662 proposed amendments have been approved as of 2013.

Limited Change through Experience and Interpretation

Changes to the Texas Constitution primarily occur through formal amendments, due to its detailed nature.
Modest growth in the lieutenant governor's power has occurred through practical experience, such as involvement in key legislative boards.

Calls for Revision

Some advocate for a complete rewrite of the Texas Constitution, pointing to perceived limitations in gubernatorial power, infrequent legislative sessions, and the impact of campaign contributions on judicial elections.
Public sentiment in Texas shows distrust toward government, making major revisions unlikely in the near future.

Texas Bill of Rights

Distinct from the US Bill of Rights, the Texas Bill of Rights is located in Article I and consists of 33 specific rights, as opposed to the multifaceted nature of the US counterparts.
The Texas Bill of Rights emphasizes positive liberties, stating what individuals can do, contrasting with the negative phrasing of the US Bill of Rights.

Key Distinctions in Rights

Rights in Texas are explicitly detailed, such as:
- Article I, Section 6: Religious freedoms
- Article I, Section 8: Freedom of speech and the press
- Article I, Section 9: Protection against unreasonable searches and seizures
- Article I, Section 10: Rights of the accused
- Article I, Section 23: Right to bear arms
The structure of rights showcases a broader scope in Texas, ensuring clarity and specificity compared to the US framework.

Importance of Liberty Phrasing

The phrasing of liberties as negative (government restrictions) in the US contrasts with positive (individual freedoms) expressions in Texas.
Examples include:
- US First Amendment: "Congress shall make no law..."
- Texas Article I, Section 8: "Every person shall be at liberty to speak..."

Conclusion

Understanding the Texas Constitution and Bill of Rights is crucial for recognizing individual rights and the state's legal framework.
The Texas system reflects both similarities to and distinctions from federal standards, emphasizing local governance and community ties.

Description

Explore the key features and historical evolution of the Texas Constitution. This quiz covers the division of powers, the structure of government, and important amendments, particularly in relation to federalism and voting rights. Test your knowledge on how Texas governance has been shaped over time.