Govt 2306 Continued Flashcards
TX constitution-document that sets up STATE government, states what govt can and can’t do. Remember US constitution and federal government has supremacy. Main points:
Should be general to allow flexibility without having to constantly add amendments. But TX constitution is very 1. specific, 2. lengthy, 3. too much detail 4. has had 467 amendments and 7 constitutions.
no child left behind under President Bush is a law about public school testing that ended in lawsuit. Teachers Union and others said not enough money allocated to implement the law. Supreme Court dismissed it and said funding had already been given. Points:
requires federal test be given in public schools. Expanded the fed govt role. States felt this federal law was an invasion of the state’s responsibility to decide on school tests.
How many amendments and constitutions has TX gone through?
Texas has 467 amendments that have changed or amended the TX constitution and TX has gone through 7 different writings of constitutions. Has 90, 000 words so too long.
TX constituion modeled after the US constitution. So has seperate powers of exec, legislative, and judicial branches of government to provide checks and balances and a bill of rights. Both are BICAMERAL. (bi = 2 houses of congress)
Texans have been governed under 7 constitutions, each shaped by the history of its time.
List the 7 constitutions Texans have gone through. The constituion of:
1827, 1836, 1845, 1861, 1866, 1869, 1876.
1st one— in 1827.Called Mexican Constitution of Coahuila y Tejas.
Tejas angry at Mexico over trade and slavery and poor representation of tx needs.
2nd–in 1836 was called Republic of TX Constitution. Texas became a republic when it declared TX independence from Mexico. Modeled like US constitution. We lost battle at Alamo but then our Sam Houston defeated mex. Santa Anna in next battle. He became President and wanted TX to join the union rather than stay a republic
7 constitutions continued.
3rd—Texas State Constitution of 1845- written when Texas was admitted to the US union. war between Mexico and US (union) over land boundary lines. Treaty of HIDALGO ended the war.
4th—Constitution of 1861-Now TX wants out and withdrew from the union. Joins the confederate states, the confederacy in the Civil WAR (cuz of slavery). 4th Constitution set the Rio Grand as the south boundary. only change to document-Seceded/withdrew from union.
TX constitutions continued.
5th —the Constitution of 1866. Was written upon readmission to the union. Came after civil war. Confederate states (TX too) lost. So they had to recognize many rights of former slaves but did not give them full equal rights (blacks could not vote, hold office or be on jury). Military rule-feds came in with troops to enforce some rights for blacks
7 constitutions of TX continued
6th constitution—the 1869 constitution was written during reconstruction. It empowered EJ Davis. Corrupt Republican radical named EJ DAVIS became governor. Brought distrust to the gov office and legislature. How?
Increased his governor salary, increased his term in office limit, rigged elections rules to get his buddies elected, made state power strong and local power weak. Lost election to Richard Coker. New people in power wanted changes and so we ended up with a new lengthy 1876 constitution. This 7th one is the one we follow today. Drafted by members of the GRANGE in opposition to the reconstruction one. Strong anti-government focus. But too long, not flexible.
What did the 1876 constitution (Richard Coke governor) change to fix corruption of EJ DAVIS (prior governor)?
New governor wanted transparancy and limited the power of the state by listing out its powers, shortened term limits, smaller salary, new election rules. Amendments would be needed to change the constitution. In other states they just have to create a new policy, not vote to change their main document. So we have 467 amendments.
this state constitution of 1876 added a bill of rights in article 1 that clearly states that it wants to restrict state government power to prevent corruption.What is modernization of TX constitution attempts?
Attempts to make the constitution more flexible to make changes. Legislature (TX congress) has tried but needs voter approval and has failed to pass legislation. Voters think other things more important.
what is the difference between the US and TX constitutions?
US Const is breif and flexible. TX constitution is restrictive of TX government powers. INcluded a bill of rights that restricts it. The governor is part of a PLURAL executive. Means his power is meant to be very weak and share power with other elected people. Plural.
Who drafts amendments to the constitution and who approves them?
Legislature. Voters either approve or fail to pass the amendments the legislature (TX house & senate members) tries to pass.
TX Judiciary—-What are the 2 courts of final appeal in TX?
- Supreme Court of TX (has final say in civil cases like business disputes, divorce)
- Court of CRIMINAL appeals (has final say in criminal cases where people are arrested for crimes).
What is constitutional revison?
Courts can alter the constitution by interpreting it. Can change it by a formal amendment. The federal US supreme crt has the final say. Some cases make it all the way to the Supreme Court.
What is INITIATIVE and REFERENDUM by voters? Are they allowed at the state or local level? Only at local level for local laws. Can’t use an initiative or referendum at the state level.
The legislature/congress writes and passes laws. Courts interpret them. In initiative and referendum, the voters can skip congress and do an INITIATIVE where tons of voters sign a petition to initiate a new law. Or they get the signatures to get rid of an existing law. That is called a REFERENDEM. Rid=referendem.
