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State Constitutions (United States)

In a State Constitution document, each US State at length and in more detail than the US Constitution describes its governmental structure, legal processes, and powers of the State over its citizens. A State's Constitution cannot violate and must generally conform to the US Constitution, and its amendments. Citizens can vote to amend State Constitutions.

346 Questions

What branch is Texas' constitution in?

Texas' constitution primarily falls under the framework of state law, which establishes the structure of the state government and its branches: the executive, legislative, and judicial branches. It serves as the foundational legal document for the state's governance, outlining the powers and responsibilities of each branch. The Texas Constitution is distinct from the U.S. Constitution but operates within the broader context of American law.

Does the Texas constitution have a weak executive?

Yes, the Texas Constitution establishes a relatively weak executive branch compared to other states. The governor's powers are limited, as many executive functions are distributed among independently elected officials, such as the lieutenant governor, attorney general, and various commissioners. This fragmentation reduces the governor's overall control and authority, making it challenging to implement a cohesive executive agenda. Consequently, the Texas executive operates more like a plural executive system, emphasizing shared power rather than a strong, centralized authority.

What is a major criticisms of the Texas constitution?

The criticism of the Texas constitution is that it did not limit the power of government enough. The constitution of the state would be re-written to limit government power in the state.

What are the difference of Texas and US Constitution?

There are a number of major differences between the Federal Constitution and the Constitution of the State of Texas of 1876. The first is in each document's history. The US has had only two "Constitutions", as it were. The first being the Articles of Confederation, followed by the current Constitution. Texas, on the other hand, has had no less than seven: the Constitution of Coahuila y Tejas, the 1836 Constitution of the Republic, the and the State Constitution of 1845(annexation by the US), 1861 (secession into the CSA & Civil War), 1866 (Rejoining the Union & Presidential Reconstruction), 1869 (Congressional Reconstruction), and the current Constitution of 1876 (Post-Reconstruction).

The next is formal. The US Constitution is what's known as a "Case-law" Constitution, where the document is meant only to provide a basic structure to the government, and all decisions on meaning are to be interpreted by the Judiciary; in other words, the Federal Constitution is purposely vague, allowing the Federal government to respond to sudden crises more effectively (excepting the influence of party). The Texas Constitution, by contrast, is a "Napoleonic" Constitution, where the document is meant to provide a rigid structure for government, leaving no room for interpretation. Granted, it is nearly impossible to close all loopholes, but the Texas Constitution seeks to do so by placing the exactpowers of the government in the document. In theory, this should preserve the liberal ideals of the people and keep government out of things in which it ought not meddle.

As far as concrete differences are concerned, the two are similar in the institution of checks and balances on each of the three branches, but vastly different in the distribution of powers.

The US Constitution provides the President with the powers of being the Chief Executive (power to approve or deny legislation and make appointments), Ambassador- (primary representative to foreign powers) and Commander-in-Chief (leader of military and militia), and also the Head of State (formal representation of the government) and Government (director of the Government itself). In other words, although he doesn't have any power to legislate, he essentially runs the show. In Texas, the Governor has all the same powers as the President, except the key powers of the Head of Government, which are instead vested in the Lieutenant Governor (same as Vice President). So, in Texas, it looks like the Governor is in charge, but he really isn't. Excepting for the Lt. Governor's position as Head of Government, there is no difference between the two legislatures.

The judiciary is different, however. Under the US Constitution, there is one Supreme Court of the United States, with several lower courts, all of which are charged with settling disputes between the states and interpreting the Constitution. The Texas Constitution sets up two different court systems: the Supreme Court of the State of Texas, which handles civil disputes and the juvenile criminal code, and the Court of Criminal Appeals, both are equal in prominence and decision-making capability. To further clarify: if a county is being sued, that goes to the Supreme Court of Texas, but if a sentence in a criminal case is being appealed, that would go to the Court of Criminal Appeals.

On a final note, most positions in the US Government outside of the President and Congress are appointed by the President, confirmed by the Senate. In Texas, only the Governor's and Lt. Governor's aides and some cabinet positions are appointed, all other positions are elected, including that of the State Attorney General, Comptroller of Public Accounts (basically, the State Accountant and Tax Assessor), and Railroad Commissioner (who controls and regulates the state's land and mineral resources).

How did Anglo slaveholders in Texas adjust to the State Constitution of 1827 which prohibited slaves from being brought into Texas?

Anglo slaveholders in Texas adjusted to the 1827 State Constitution's prohibition on importing slaves by circumventing the law through various means. Many slaveholders continued to bring enslaved people into Texas by misrepresenting their status as "indentured servants" or by claiming they were merely visiting. Additionally, some Texas settlers engaged in illegal slave trade, despite the regulations. This resistance to the law reflected the deep-rooted reliance on slavery for economic and social structures in the region.

When did California adopt the US Constitution?

The Constitution of the State of California is the document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which was ratified on May 7, 1879

1860 September 9

1860 September 9