Identifying the 7 Principles in the Texas Constitution TEK...

Identifying the 7 Principles in the Texas Constitution

TEK: Identify how the Texas Constitution reflects the principles of limited government, republicanism, checks and

balances, federalism, separation of powers, popular sovereignty, and individual rights (7.14A)

Lesson target: Define and give examples of the seven principles of the TX Constitution (7.14A)

Supplies:

1. Principles Placards

2. Identifying the 7 Principles in the Texas Constitution Chart

3. Examples of the principles from the TX Constitution

Directions:

1. Students each have a copy of the “Identifying the 7 Principles in the Texas Constitution Chart”

2. Create stations for each principle based off of the “Principles Placard”

3. Students go to stations and find the definitions of each principle in their own words

a. Suggestion: Chunk and chew…2-3 principles per day

4. Come back together as a class, and discuss key words for each principle

5. Teacher presents examples (multiple) for each principle, and as a class/group/pairs students will

identify key words in the TX Constitution example and decide which principle it matches.

6. Write down one example in the “Example from the Texas Constitution” column

7. Give each student 5 minutes to answer the question “What significant historical

event/person/issue led the Framers to include this principle in the Constitution?”, for each

principle taught.

a. Ex: Individual Rights, Stephen F Austin’s imprisonment in Mexico City

b. Ex: Federalism, Texas citizens were denied the ability to conduct business in English

8. Have students pair up, and share their answers.

9. As a class, debrief and share out. Answers will vary.

Principles

Definition of Principles

Example from the Texas

Constitution

Historical significance.

Limited Government

Popular Sovereignty

Separation of Powers

Checks and Balances

Federalism

Republicanism

Individual Rights

Constitutional Principles

The basic problem faced by the authors of the constitution

was to create a national government that would be strong, but

not so strong that it might weaken individual liberties

identified in the Declaration of Independence. To do this, the

new Constitution adopted a number of important principles.

Keyword: Principle- an idea, law or truth on which actions are

based

Limited Government

One of the most important principles of the U.S.

Constitution is the belief that the powers of

government should be limited. A self-governing people

gives their government leaders only certain specific

powers. These are the “Just powers” of the

government mentioned in the Declaration of

Independence. Under our system of limited

government, our national government has no duties or

powers, other than those powers specifically granted

to it in the Constitution. In other words, no matter if

you’re the president of the United States you have to

follow the laws.

Republicanism

Americans created a republican form of government - a

democratic government chosen by the people. A

republic describes a government in which decisions are

made by elected (chosen) representatives, not handed

down by a king.

Popular Sovereignty

Another key principle of the U.S. Constitution is that

the people are sovereign – they hold supreme power.

The “just” powers of the government come from the

consent of the governed. The people exercise their

sovereignty by electing representatives to Congress,

and by indirectly electing the President. And if for any

reason the people do not like the government they have

the power to abolish, or get rid of, it.

Federalism

Government powers were divided between the national

government and the states. To accomplish this, the

writers of the Constitution created a system in which

power was shared between the national (or federal)

government and state governments. The federal

government treats issues facing the entire nation,

while state governments handle local affairs. Because

power was divided between the national and state

governments, the authors of the Constitution believed

the national government would not become too strong.

Separation of Powers

Under the articles of confederation, the national

government just had one branch –the Confederation

Congress. The writers of the Constitution feared

placing too much power in the hands of any one leader

or single branch of the government. Following the

writings of Baron de Montesquieu and the example of

most state constitutions, they decided to divide the

powers of government among three separate branches:

the Congress (Legislative), the President (Executive),

and the Supreme Court (Judicial). As James Madison

later explained in the Federalist Papers, this

separation of powers would act to prevent tyranny and

protect liberty.

Checks and Balances

To further prevent any one branch from becoming too

powerful, the Constitution gave each branch several

ways to stop or “check” the other branches. For

example, the Senate must approve key Presidential

appointments. The president can veto bills passed by

Congress. Because of those checks and balances, major

actions could not be taken by the federal government

without a general agreement among the different

branches.

Individual Rights

The first ten amendments to Constitution shield people

from an overly powerful government. These

amendments are called the Bill of Rights. The Bill of

rights guarantees certain individual rights, or personal

liberties and privileges. For example, the government

cannot control what people write or say. People also

have the right to meet peacefully and to ask the

government to correct a problem.

Seven Basic Principles Preserving Liberty THE TEXAS CONSTITUTION


Explanation Examples of How and Where It Is Achieved

Popular Sovereignty Ultimate power and final authority rest with the people.

The Preamble to the Texas Constitution states: “Humbly invoking the Blessings of Almighty God, the people of the state of Texas, do ordain and establish this Constitution.” Article I, Section 2, says that “ all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit.”

Republicanism The people do not govern themselves directly, but instead, through elections they choose those who govern them.

Article I, Section 2, provides that “the faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.” Article III, Sections 3 and 4, provide respectively that “the Senators shall be chosen by the qualified electors for the term of four years” and that “the members of the House of Representatives shall be chosen by the qualified electors for the term of two years.” Article IV, Section 1, provides that “the Executive Department of the State shall consist of a Governor, who shall be the Chief Executive of the state, a Lieutenant Governor, Secretary of State, Comptroller of Public Accounts, Commissioner of the General Land Office, and Attorney General,” and Section 2 provides that “all the above officers of the Executive Department (except Secretary of State) shall be elected by the qualified voters of the state at the time and places of election for members of the Legislature.” Article V, Sections 2 and 4, establish a Supreme Court and a Court of Criminal Appeals and provide that the Justices and Judges of both courts will be elected by the qualified voters of the state.




Federalism Texas is a state within the federal system of government of the United States where power is divided between the national government and the governments of the individual states. The U.S,. Constitution lists the powers of the national government as well as certain powers denied to the states, and its Tenth Amendment provides that powers not delegated to the national government and not denied to the states are reserved to the states or to the people.

Article I, Section 1 states that “Texas is a free and independent state, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the states.” Article XVI, Section 12, provides that “no member of Congress, nor person holding or exercising any office of profit or trust, under the United States, or either of them, or under any foreign power, shall be eligible as a member of the Legislature, or hold or exercise any office of profit or trust under this State.” Various articles discuss at length such subjects as education, railroads, and local government units such as counties, municipalities, and soil and water conservation districts. The U. S. Constitution contains no mention whatsoever of any of these matters, thus indicating that in our federal system they are subjects largely left to the jurisdiction of the individual states.

Separation of Powers Power within the state’s government is divided among three separate branches: Legislative, Executive, and Judicial.

Unlike the U. S. Constitution which does not specifically call for “separation of powers” within the national government, Article II, Section 1, of the Texas Constitution specifically provides that “the powers of the Government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: those which are Legislative to one; those which are Executive to another, and those which are Judicial to another; and no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted.”




Checks and Balances Each of the three branches of Texas government has certain controls (checks) over the other two.

Article XV grants the Texas House of Representatives the power to impeach any of the executive officers of the state such as the Governor or the Lieutenant Governor as well as judges of Texas District Courts and higher courts. The same Article grants the Texas Senate the power to try any individual whom the House impeaches. Article IV states that “every bill which shall have passed both houses of the Legislature shall be presented to the Governor for his approval.” In addition, Article IV authorizes the Governor to veto one or more items of an appropriations bill while approving the rest of such a bill. Article III, Section 33 provides that “all bills for raising revenue shall originate in the House of Representatives, but the Senate may amend or reject them as other bills.” Article VIII, Section 6, provides that “no money shall be drawn from the Treasury but in pursuance of specific appropriations made by law.” Article III, Section 40, provides that only the Governor can call a “special session” of the Legislature and furthermore that in a special session the Legislature can only consider subjects designated by the Governor. Like the U. S. Constitution, the Texas Constitution does not specifically provide for “judicial review.” Nevertheless, the Texas Supreme Court in particular plays an important role in interpreting laws passed by the Texas Legislature and even on rare occasions declaring them to be in violation of the Texas Constitution. The Court can do the same for actions of the Governor or for actions of other executive agencies of Texas government. For example, in the Edgewood public school finance case in 1989the Court brought about major changes in the financing of public education. In 1994, to cite another example, the Texas Supreme Court overturned a Texas Education Agency ruling that home schools were illegal and upheld the right of parents to educate their children.




Limited Government The power of Texas government is limited by the Texas Constitution, the U.S. Constitution, laws made by the U.S. Congress in pursuance of the U.S. Constitution, and by treaties made by the U.S. with other nations of the world.

The Governor’s power is limited by the fact that he does not hire and thus cannot give orders to or fire most of the other really important officers in the executive branch. The Legislature is limited by the fact that it meets in regular session biennially in odd numbered years only and only for 140 days. The judicial branch is limited by the fact that Texas has not one but two highest state courts: the Supreme Court for civil cases only and the Court of Criminal Appeals for criminal cases only. The powers of all three branches are limited not only by the Texas Bill of Rights and other parts of the Texas Constitution but also by most of the U. S. Bill of Rights and by the limitations imposed on all of the states by Article I, Section 10 of the U. S. Constitution. Finally, the Texas Legislature is limited in how much money it can spend by Article III, Section 49a which requires that before the Legislature can pass any appropriations bill, the Comptroller of Public Accounts must certify that he expects revenue will be available to pay for the proposed expenditure.




Individual Rights Personal freedoms, personal protections, and equality under the law are guaranteed by the U.S. Constitution, the U.S. Bill of Rights, laws of the U.S., the Texas Constitution, and the Texas Bill of Rights.

Article I, Section 10 of the U. S. Constitution, for example, provides that no state shall pass any ex post facto law or bill of attainder or any law impairing the obligation of contracts. Like the U. S. Bill of Rights, Article I of the Texas Constitution, which is the Texas Bill of Rights, provides for freedom of speech, press, religion, assembly, petition, etc. The Texas Bill of Rights also provides for the right to keep and bear arms as well as the same rights of the accused in criminal cases that are found in the U. S. Bill of Rights. Section 3a of the Texas Bill of Rights also provides that “equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin.” The Texas Bill of Rights also provides for some rights not found in the U. S. Bill of Rights. For example, Section 18 provides that “no person shall ever be imprisoned for debt,” and a lengthy Section 30 outlines the rights of crime victims.

All rights reserved. Permission is granted for these materials to be reproduced for classroom use only. No part of these materials may be reproduced in any other form or for any other purpose without the written consent of Law Related Education, State Bar of Texas. For additional information on the LRE Program, please go to www.texaslre.org

Identifying the 7 Principles in the Texas Constitution TEK...

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