The U.S. and Texas Constitutions

See Me

Hall, April Barrett, Jennifer Barton, Jessica Degroot, Nicole Rutherford, Kimberly Tran, Toan Cagle, Stephen Carle, Krystene

Eakles, James Jones, Herbert Kauffman, Justin Lucas, Lajordan Nedelea, Traian Rangel, Juan

How Has the Constitution Endured?

The “little black dress” of government Mostly “negative” rights, very few demands or

obligations placed on government Only the bare bones of the system, so there is

room to adjust to changes Change through

– Evolving interpretation– Amendment

Evolving Interpretation

Interpretation generally undertaken by courts Interpretation evolves to fit new

– Political realities (like recognizing right of privacy in context of abortion)

– Technological and social developments (like extending 4th Amend. protection to computer files)

Interpretative change depends on the lack of specificity in language of constitution

Amendment - Methods

1. Amendment Proposed

2/3 Vote of House and Senate

Convention Demanded by 2/3 of State Legislaturesor

2. Amendment Ratified

3/4 State Legislatures or 3/4 State Ratifying Conventions

Amendment

Rarely used– Requires general consensus to pass House,

Senate, and ¾ of states– Lawmakers recognize the dangers

What types of amendments have passed?– Bill of Rights– Expansions of electorate– Changes to election procedures and qualifications– Basic expansions or limits on government power

What Doesn’t Get Added

“Social” legislation (like forbidding the burning of the flag, or allowing prayer in schools)

Why?– Harder to get a consensus– Not the sort of enduring sentiment that should be

affixed in Constitution

Prohibition was the exception – didn’t work well

A Note on the ERA

First introduced in 1923 House, 1971; Senate, 1972; 7-year limit for

ratification 1978 – House/Senate extend deadline to June

30, 1982

35 States Ratified Before Deadline

Why Did the ERA Die?

Concern for women in the military Concern for loss of labor and family-law

protections for women Tangled with other issues

– Abortion– Gay marriage

Texas Constitution

Why a state constitution? Similarities and differences between Texas and

U.S. constitutions

Why Do We Have State Constitutions?

Federal system – states still have power States need to establish system of government States can give more rights to their citizens

than those granted by the U.S. Constitution

Similarities Between U.S. and Texas Constitutions

Popular sovereignty Three-branch separation of powers Checks and balances Federal system (central government and

smaller regional governments) Explicit limits on government power

Some Big Differences

Value of liberty more heavily weighted in Texas system – more explicit limits on government power, more explicit reservations to the people

Greater fragmentation of power (eg. plural executive)

More specific / addresses social issues

Texas v. U.S. Constitution

Over 85,000 words

432 amendments adopted since 1876

– Recent Amendments

Approx. 7400 words

Compare w/ 27 total for U.S. Constitution

Texas v. U.S. Constitution

Amendment Process

2/3 vote in state house and senate Explanation of amendments published twice in

every newspaper (those recognized for state notices)

Approval by a majority of voters

Why the Differences?

Homogeneity Size History