Texas Government vs. U.S. Government

What is a Constitution?

• A set of guidelines or “rule book” that establish what the powers of our government are and the responsibilities of it too.

What is the Texas Government Modeled After?

So the structure (what our government looks like) and function (what our government does) is a reflection of the United States government.

Part 1: The Structure of Texas Government

• Structure is the framework of our government

• The U.S. government is divided into three branches of government, each with different duties.

• The structure of Texas government is the same.

Constitutions

U.S• Created: 1787 (ratified

1789)• Preamble • 7 Articles (approx. 7,000

words total)• Bill of Rights and

Amendments (27)

Texas• Created: 1876 (has had 6

different constitutions)• Preamble• Bill of Rights• 17 Articles (approx. 80,000

words total)• Amendments (over 500)

Articles of the U.S. Constitution

•Article 1 - The Legislative Branch

•Article 2 - The Executive Branch

•Article 3 - The Judicial Branch

•Article 4 - The States

•Article 5 - Amendment

•Article 6 - Debts, Supremacy, Oaths

•Article 7 - Ratification

Articles of the Texas Constitution

• Article I – Bill of Rights• Article II – Powers of Government (separation of powers)• Article III – Legislative Department• Article IV – Executive Department• Article V – Judicial Department• Article VI – Suffrage• Article VII – Education• Article VIII –Taxation and Revenue• Article IX – Counties• Article X – Railroads• Article XI – Municipal Corporations• Article XII – Private Corporations• Article XIII – Spanish & Mexican Land (repealed August, 1969)• Article XIV – Public Land and Land Office• Article XV – Impeachment• Article XVI – General Provisions• Article XVII – Mode of Amending the Constitution

Structure

U.S.• 3 Branches:

–Executive–Legislative–Judicial

Texas• 3 Branches:

–Executive –Legislative –Judicial

Executive

U.S.

• Head: President, Vice President– Serves a maximum of two 4-

year terms– Must be 35 years old at least– Has a Cabinet and powers to

appoint members and other offices and judges

Texas

• Head: Governor. Lieutenant Governor– Serves unlimited 4-year terms– Must be 30 years old at least

• Plural Executive- Shares power with other elected offices

Function: See that laws are carried out.

Legislative

U.S. • Bicameral Congress• House of Representatives

– Serve 2 year terms– Must be 25 years old at least

• Senate– Serve 6 year terms– Must be 30 years old at least

• Unlimited congressional sessions

Texas• Bicameral Congress• House of Representatives

– Serves 2 year terms– Must be 21 years old at least

• Senate– Serves 4 year terms– Must be 26 years old at least

• Sessions are biennial (once every 2 years)

Function: To make laws(Bi-cameral: Made up of 2 houses)

Judicial

U.S.

• High Court: U.S. Supreme Court– 9 Justices– Serve Life Terms

• Justices appointed by President and approved by the Senate

Texas• 2 High Courts: Texas

Supreme Court for civil cases and Texas Court of Criminal Appeals for criminal cases. – 9 Justices– Serve 6 year terms

• Judges elected

Function: Decide if laws are constitutional (fair), and try civil and criminal cases

Good and Bad Points of the 1876 Constitution…Positive

• Weaker state government = less chance of abuse of power

• Limits on taxing, spending, & borrowing has helped to keep spending under control, taxes lower, and no state deficit.

• Stronger local government makes it easier for citizens to influence important decisions affecting their daily lives – it’s generally easier to influence local government than state government

Negative• Constitution is inflexible and not

forward looking • It has to be amended frequently due

to changing society -- presently, there are more than 500 amendments.

• Constitution is too detailed -- it should contain a basic framework for government, leaving the specifics to the legislature.

• U.S. Constitution is short. Texas Constitution is very long.

• Because it is so specific, we have to constantly amend it just to allow the legislature to pass new laws and programs

The Seven Principles of Government

Part 2: Function of Government

Function is how the government works, or what it does for the people.

The U.S. Constitution is based on seven principles, or rules and goals. These are meant to determine how the government should exist. The Texas Constitution is based on the same seven principles.

Principle #1: Popular Sovereignty The principle of popular sovereignty is expressed in the first three words of the Constitution...

It means that the people are the final authority, or “People Rule”

How is Popular Sovereignty achieved?

VOTING!

The people vote on individuals to represent them in the various branches of government, The people vote on proposed laws.

Principle #2: Limited Power of Government

Limited government means that we give the government power, but not too much power.The key word in the above statement is “we”. The government has only the powers the people have given it.

How do we limit the government’s power?

We outline the government’s power on paper in a constitution.

Principle #3: Federalism

The Framers wanted the states and the national government to be partners in governing. Federalism is the sharing of powers between the state and national government.

Meaning that some powers are state powers, some national, some are shared.

Examples

National Powers-maintain armed forces-coin money-declare war-establish foreign policy

State Powers-maintain schools-marriage and divorce laws-conduct elections-regulate trade within the state

Shared Powers-raise taxes-which are used to provide services to citizens-charter banks-provide for the public welfare-administer criminal justice

Principle #4: Separation of Powers

Separating powers guards against putting too much power in the hands of a few people.

We limit power by creating the three branches of government, each with separate duties..

Principle #5: Checks & Balances

Each branch of government can check, or control, the power of the other two branches. The power is split among the three branches.

This ensures that not only the government as a whole can’t become too powerful, but each specific branch of government cannot as well.

Principle #6: Republicanism

• The idea that government is controlled by the people who hold power and elect representatives, giving those representatives power to make and enforce laws.

• The Framers wanted the people to hold power, but also feared that public opinion would stand in the way of sound decision making.

• Therefore in Republicanism, the people have power by voting for political representatives to represent them and make laws. – Citizens are expected to participate & be knowledgeable

to make informed decisions when voting.

Principle #7: Individual Rights

• Individuals have to the right to act with liberty and determine their own destinies, without unreasonable interference from the government.

• These rights, or personal liberties, are protected in the Bill of Rights (1st 10 Amendments to the Constitution).