Chapter 2: The Texas State Constitution and the American Federal System
What does Article 5 of the Texas Constitution include?
Judicial Department
What does Article 3 of the Texas Constitution include?
Legislative Department
What are some criticism of the Texas Constitution?
Length, wording, unclear organization, excessive detail, inflexibility, constant change
What are some requirements of a justice on the Texas Supreme Court?
Licensed to practice law in this state Must be 35 Must have been a practicing lawyer or a lawyer or judge of a court of record together at least ten years
What are some powers of the governor? (Texas Government)
Limited appointment power of some executive officials and judges in cases of vacancies Submits budget proposal to legislature Serves on boards, e.g., the Legislative Budget Board Can call special sessions and dictate special session agenda Veto and line-item veto power
What did the 1845 constitution provide for?
Limited government with little centralized power
What is a fact in regards to freedoms identified in state constitutions and the U.S. Constitution?
Many state constitutions provide more freedoms than the national constitution
What do the Equal Protection Clause and the Due Process Clause tell us basically?
Mean that state and local governments must treat people equally and in accordance with established rules and procedures
How often does the legislature meet?
Meet every two years for 140 days
What are earmarks?
Money dedicated to a specific expenditure; for example, the excise tax on gasoline funds highway infrastructure
How are state constitutions written?
Most are lengthy, detailed documents that require frequent alteration and might be more accurately described as statutory or legislative acts rather than constitutional law
Under President Nixon, state governments were given more discretion in program administration and revenue sharing. The federal-state relationship during this time is referred to as?
New federalism
Do county judges and justices of the peace need to be lawyers?
No
What was the term of the President according to the Constitution of 1836?
One three-year term with prohibitions against consecutive reelection Legalized slavery
Which clause in Article 4 of the U.S. Constitution means, generally, that a state cannot treat its citizens different from citizens of other states?
Privileges and Immunities
What are some powers of the legislature? (Texas Government)
Propose and pass laws Power to propose constitutional amendments Power to tax and set the budget Oversight power of state agencies and departments Impeachment power of judges and executive branch officials
What does Article 17 of the Texas Constitution include?
Provides the means for amending the Texas Constitution
What is one amendment in the Texas Constitution that conflicts with elements in some other state constitutions?
Section 32: defines marriage as a union between one man and one woman
Which constitution is amended more frequently: U.S. or state?
State because they deal with a wider range of functions
Why are state constitutions amended more frequently than the U.S. constitution?
States deal with a wider range of functions
During President Clinton's time in office, federal-state relations where marked by a devolution of power in which?
States were given more authority on program construction and administration
What does Article 6 of the Texas Constitution include?
Suffrage and provides the list of persons not allowed to vote in the state
What is the plural executive system?
System in which executive power is divided among several statewide elected officials
Who sets the annual salary of the governor?
Texas legislature
What does Article 2 of the Texas Constitution include?
The Powers of Government
What was the first constitution to govern Anglos in Texas?
The Republic of Mexico's Constitution of 1824
What is a federal system of government?
The division of powers between a national government and regional governments
What is one way to describe social contract theory?
The idea that individuals have inalienable rights and willingly submit to government to protect these rights
What is popular sovereignty?
The idea that power granted in state constitutions rests with the people
What does the 10th Amendment dictate?
The powers not delegated to the U.S. by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people
Ballot wording for proposed amendments can often be confusing and can contribute to voter confusion and apathy about the political process. Which of the following is responsible for how ballots are worded?
The state legislature
What states were created under the provisions of the 1824 Constitution?
The state of Coahuila y Tejas was formed
Why did the framers of the U.S. Constitution separate powers and provide for a system of checks and balances?
They were afraid of concentrating power in the hands of a single person
What sections were Anglo settlers most uncomfortable with?
Those designating Catholicism as the state religion and those that did not recognize slavery
What does the Necessary and Proper clause dictate?
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the U.S., or in any Department of Officer thereof (May seem to powerful but check 10th amendment)
The 1845 statehood constitution reflected which political cultural characteristic?
Traditionalistic
What type of culture did the Constitution of 1845 reflect?
Traditionalistic southern culture with a few notable exceptions that were adaptions of Spanish law
T/F: All amendments to the Texas Constitution have been proposed by a two-thirds vote of each house of the legislature.
True
T/F: All state constitutions allow the legislature to propose changes.
True
T/F: Amendments that gain support from supermajorities are more likely to be politically acceptable.
True
T/F: Initiative generated amendments are less likely to succeed than those proposed by state legislatures.
True
T/F: The present constitution not only reinstated but expanded the ideas of limited government.
True
How many parts does the Texas Constitution divide the Texas legislature into?
Two branches: 1.) Senate 2.) House of representatives
How many high courts does the Texas Constitution provide for?
Two: 1.) Supreme Court (eight justices and one chief justice) 2.) Court of Criminal Appeals (eight judges and one presiding judge)
What form of government did the Constitution of 1836 call for?
Unitary rather than federal
What is the second method of proposing amendments to constitutions?
Voter initiative (only 17 states allow this/ most are western states that entered the Union in the 19th and 20th century)
Which of the following best describes the success of constitutional amendments in Texas?
Voters have approved most proposed amendments
Why types of executives and legislatures do constitutions create?
Weak executives Strong legislatures
What did the Constitution of 1845 do?
Women were granted property rights equal to men A person's homestead was protected from forced sale to pay debts Limited executive authority Biennial sessions of the legislature Two-year terms for most officials
What are some common elements of traditional Texas political culture?
- Decentralized school system - Political participation discourage - Increased authority for local governments - Weak state governments
Which of the following describes Article 2 of the Texas Constitution?
- Discusses the separation of powers in Texas government - More explicitly refers to the separate checks on the branches of government that does the U.S. Constitution
What are some legislative branch functions?
- Establishment of federal courts lower than the Supreme Court - Passage of federal legislation
What does Article 7 of the Texas Constitution include?
- Focuses on education and provides for a system of free public schools as well as various systems of funding for primary and secondary schools - Provides for the establishment of state universities
What are some judicial branch functions?
- Interpretation of U.S. Constitution and federal laws - Trying of federal lawsuits
What does the current Texas constitution of 1876 establish?
- Is in line with voter's desires for decentralization - Supports the idea of limited government - Is compatible with the political climate of the state - Restricted powers of the legislature and governor - Decentralized public schools but provided for a university system - Reestablished many statewide and local elected offices - Reflected the traditionalistic/individualistic political culture of the state
The level of detail in the Texas Constitution is problematic because it?
- Makes the constitution too inflexible - Contributes to the necessity of constant change to the constitution - Contributes to the unwieldy length of the document
What are some executive branch functions?
- Making foreign treaties - Enforcement of federal laws and court orders - Service as commander in chief
What does McCulloch v. Maryland tell us about?
- Maryland decided to tax a branch of the national bank located in Maryland - Court decided
How do most states propose an amendment?
- Most states require an extraordinary majority vote of both houses of the legislature - 22 states require only a majority - 22 require a two-thirds vote of the state legislature - 8 require a three-fifths vote of the legislature
What are some of the delegated and reserved powers of the states?
- Protect property rights - Regulate banks and credit - Conduct local, state, and national elections
What did the 1866 constitution do?
-Abolished slavery -Nullified the ordinances of secession - Repudiated the state's wartime debt Etc.
What are the two steps involved in changing constitutions?
1.) Proposing amendments 2.) Citizen approval
What are the steps to change the constitution in Texas?
1.) Two-thirds of each house of the legislature must propose amendments 2.) A majority of the voters who vote on the amendment must approve
How many people compose the House of Representatives?
150
When did the Republic of Texas adopt a new constitution?
1836; when Texas declared itself a republic independent of Mexico Provided for a unicameral legislature
When did Texas adopt its first state constitution?
1845; after joining the Union
What year did Texas join the Confederacy and adopt another constitution?
1861; only addition to 1845 was: Prohibition against the emancipation of slaves Provision to secede from the Union Provision to join the Confederacy
What year was the third state constitution approved?
1866; a condition for rejoining the Union following the Civil War
What year was the fourth state constitution adopted?
1869; -Also called the Reconstruction constitution or carpetbaggers constitution" -It represented a radical departure from past and future documents and reflected the centralization aspirations of the national Republicans - Provided a four-year term for the governor - Governor given the authority to appoint most state and many local officials - Abolished county courts - Centralized public schools - Gave African Americans the right to vote
In what year did the current Texas Constitution become effective?
1876
How many times has the U.S. Constitution been amended
27
How many people compose the Texas Senate?
31 members
How many amendments have Texans approved and rejected?
474 approved 178 rejected
From 1975 to 2013, there have been 299 amendments submitted for voter approval. Which percentage of these amendments have voters approved?
85%
What is a supremacy clause?
A clause that makes constitutional provisions superior to other laws
What are the Bill of Rights?
A list of individual rights and freedoms granted to citizens within a constitution
What is a confederal system of government?
A system of government that divides power between a weak national government and strong, independently sovereign regional governments
What is a unitary system of governments?
A system of government where all functions of government are controlled by the central/national government and regional/local government operate within powers granted by the national government
Which states embrace the idea of separation of powers?
All states by the U.S. Constitution
What is a constitutional convention?
An assembly of citizens who may propose changes to state constitutions through voter approval
What is the Interstate Commerce Clause?
Article in the U.S. Constitution that gives Congress the exclusive power to regulate commerce between the states; Congress and the courts determine what is interstate commerce
What is the third method?
Ballot wording which is a description of a proposed amendment as it appears on the ballot; can be intentionally non instructive and misleading to voters in order to affect voter outcome
What does Article 1 of the Texas Constitution include?
Bill of Rights
Should constitutions be detailed and specific or broad and flexible?
Broad and flexible
What should constitutions provide?
Broad grants of power to specific agencies and hold government officials accountable for their actions
What characteristics of the political culture in Texas are reflected in the current constitution of the state?
Conservatism Distrust of government
Based on the current political culture of Texas, the constitution will likely?
Continue to be amended in a piecemeal process
What model of federal-state relations in which the federal government began to supply money to state and local governments to provide assistance to citizens is known as?
Cooperative federalism
What does Article 9 and 16 of the Texas Constitution include?
Define the creation and structure of counties in the state
Political culture?
Drives institutions
Are Texas judges elected or appointed?
Elected
What does a constitution establish?
Establishes the fundamental rules by which states govern Instruct what a government can and cannot do
Who is the power divided by?
Executive Legislature Judiciary
What does Article 4 of the Texas Constitution include?
Executive Department
T/F: Texas submits far fewer amendments in odd-numbered years than most states.
False
T/F: Texas has the longest constitution.
False; it has the second longest with much of its length coming in the form of amendments
Do states go by a federal or unitary system of government?
Federal
What is the governor's term?
Four years with no term limits
Advocates of gay marriage argue that Section 2 of the federal Defense of Marriage Act, states that no state must accept another state's definition of marriage, violates the _______ of the Constitution?
Full Faith and Credit Clause
What is constitutional convention normally used for?
General revision and not for single amendments
Who appoints the secretary of state?
Governor
Who consists of the Executive branch?
Governor, lieutenant governor, comptroller of public accounts, commissoner of general land office, and he attorney general **All elected
What is a block grant?
Grants that may be used for broad purposes that allow local governments greater discretion in how funds are spent
What is a categorical grant?
Grants that may be used to fund specific purposes as defined by the federal government
What does power to tax and spend to promote the general welfare of citizens mean?
Grants the Congress the right to tax and spend to promote general welfare
As compared to the "average" state constitution, Texas's constitution?
Has more amendments Is longer
How often should formal amendments be added to the constitution?
Infrequent, deliberate, and significant
What are some powers of the Judiciary? (Texas Government)
Interpret the law Settle all disputes in matters of criminal and civil law Popularly elected
