The U.S. and Texas Constitutions
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Transcript of The U.S. and Texas Constitutions
The U.S. and Texas Constitutions
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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