Eleanor Finch
The US Constitution and Texas Constitution share several key ideas and influences. Both are founded on the principle of political power being derived from the people, with power divided into three separate branches of government. The Texas Constitution, like the US Constitution, also incorporates the idea of individual rights and a bill of rights, although it lacks a supremacy clause. The Texas Constitution was influenced by Spanish-American Law, with the idea of community property being its most important adaptation, while the US Constitution was influenced by European Enlightenment thinkers and the English law, with its framework defined by the Federal Government.
| Characteristics | Values |
|---|---|
| Political power | Derived from the people |
| Divided into three separate parts and placed in separate branches of government | |
| Individual rights | Included in both constitutions |
| Federal system | Texas has a subordinate role in the federal system |
| Bill of Rights | Present in the US Constitution |
| Separation of powers | Present in the Texas Constitution |
| Bicameral legislature | Adopted by Texas since independence from Mexico |
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What You'll Learn
The idea of political power being derived from the people
The Texas Constitution explicitly states that "all political power is inherent in the people". This principle is fundamental to the state's political system and reflects a core value shared with the United States Constitution. The idea that political power is derived from the people is a cornerstone of democratic governance and is deeply ingrained in the constitutional experiences of both Texas and the US.
In Texas, the constitution guarantees that all free governments are founded on the authority of the people and are instituted for their benefit. This means that the people of Texas have the inherent and inalienable right to alter, reform, or abolish their government as they see fit. This right is subject only to the limitation that Texas maintains a republican form of government, to which the people have pledged their faith.
The US Constitution, while not employing the exact same language, is nevertheless founded on the same underlying principle. The very act of drafting and adopting the Constitution was an exercise of political power by the people. Through the Constitutional Convention and the subsequent ratification process, the people of the United States came together to establish a government that derived its power from their consent.
This idea of popular sovereignty, or the belief that the ultimate source of political power resides in the people, is a fundamental tenet of American democracy. It is reflected in the structure of the US government, with its system of checks and balances, federalism, and representative democracy, all designed to ensure that the government remains accountable to the people.
Both Texas and the United States, therefore, share a constitutional commitment to the principle that political power is derived from the people. This idea has shaped the political culture and institutions of both entities, fostering a deep-rooted belief in the importance of popular consent, participation, and the ultimate authority of the citizenry in the governance of their respective polities.
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Separation of powers
The US Constitution divides the federal government's powers between three separate branches of government: the legislative, the executive, and the judicial. This structure was intended to prevent tyranny by a single branch, foster an effective government, and preserve the liberty of US citizens.
The Founding Fathers of the United States, including Alexander Hamilton and James Madison, were influenced by the writings of French noble and scholar Montesquieu, who advocated for a separation of powers. Madison, in particular, borrowed ideas from Montesquieu, crafting a new government with a unique structure.
The three branches of the US government each have distinct powers, allowing them to perform their tasks efficiently and effectively. However, there is also overlap, as each branch has the ability to "check" the actions of the other two. This system of checks and balances ensures that no single branch holds all the political power and that the liberty and natural rights of citizens are protected.
The legislative branch, consisting of the Senate and the House of Representatives, holds the power to create and pass laws. The executive branch, led by the President, is responsible for executing the laws and has the power to make treaties, appointments, and conduct foreign relations. The judicial branch, consisting of the Supreme Court and lower federal courts, interprets the laws and determines their constitutionality.
While some US states, such as New Jersey and Delaware, did not strictly adhere to the separation of powers in the 18th century, many southern states explicitly required it. The US Constitution's structure, with its separation of powers, has been influential globally, with many countries modelling their constitutions on it.
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Individual rights
The constitutions of both the US and Texas enshrine a range of individual rights. The US Constitution serves as the framework for the country's government, while Texas's constitution outlines the rights of its citizens, subject only to the US Constitution.
The Texas Constitution's Bill of Rights guarantees the freedom and sovereignty of the state, with all political power derived from the people. Texans have the inalienable right to alter, reform, or abolish their government as they see fit. This right is, however, limited by the preservation of a republican form of government.
Texans also have the right to engage in generally accepted practices on their property, such as farming, ranching, timber production, horticulture, and wildlife management. This right is limited by the authority of the legislature to regulate these practices for public health, safety, and the preservation of natural resources. Texans also have the right to hunt, fish, and harvest wildlife, subject to laws conserving wildlife and managing hunting and fishing.
The Texas Constitution also guarantees public access to and use of public beaches, with the right of ingress and egress, and the legislature may enact laws to protect this right.
These individual rights, guaranteed by the Texas Constitution, are subject to the US Constitution, to which Texas is subordinate.
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Influence of European Enlightenment thinkers
The US Constitution and the Texas Constitution are both influenced by the ideas of European Enlightenment thinkers. The US Constitution, drafted in 1787, incorporates the ideals of Enlightenment thinkers such as Locke, Voltaire, Rousseau, Montesquieu, and Adam Smith. Similarly, the Texas Constitution, which was first adopted in 1845, also reflects Enlightenment principles.
Locke, one of the most influential Enlightenment thinkers, advocated for social contract theory and argued that all men were created equal and possessed natural rights to life, liberty, and property. These rights, he claimed, were inalienable and could not be taken away or constrained by law. Locke's ideas influenced Thomas Jefferson, who included them in the Declaration of Independence and later incorporated them into the US Constitution. John Locke's ideas also influenced the Texas Constitution, which guarantees certain inalienable rights, including life, liberty, and property, to the people of Texas.
Voltaire, another prominent Enlightenment thinker, was highly critical of religion's influence in European policymaking. He and other Enlightenment thinkers called for a separation of church and state, arguing that government should not interfere in religious affairs. This idea influenced Thomas Jefferson, who wrote about the need for a "wall of separation between church and state" in a letter to the Danbury Baptist Association in Connecticut. The Texas Constitution also upholds the principle of religious freedom and prohibits religious tests for public office, reflecting the Enlightenment influence on the separation of church and state.
Rousseau, Montesquieu, and other Enlightenment thinkers advocated for mixed government and a balance of powers to prevent tyranny and protect individual liberties. Montesquieu suggested dividing government authority into executive, legislative, and judicial branches, which became a cornerstone of American political philosophy and influenced the creation of a bicameral legislature in the US Constitution. Rousseau, on the other hand, advocated for direct democracy and argued that true political authority lies with the people. While the US Constitution does not fully embrace direct democracy, Rousseau's ideas about the importance of the collective will and civic freedom influenced American political ideology. The Texas Constitution also reflects a mix of democratic and republican principles, with a strong emphasis on protecting individual liberties.
Adam Smith, a Scottish Enlightenment economist, railed against the prevailing economic policies of his time, such as mercantilism. His book "The Wealth of Nations," published in 1776, is considered the first work on modern economics and had an immediate impact on British economic policy. While Smith's influence on the US Constitution is less direct, his ideas about free-market capitalism and the importance of individual economic freedoms may have influenced the economic policies and principles enshrined in the US and Texas Constitutions.
In conclusion, the US and Texas Constitutions are both shaped by the ideas of European Enlightenment thinkers. The influence of these Enlightenment principles, including liberty, equality, and individual rights, can be seen in the ideological and structural framework of American and Texan governance, even though the full realization of these rights has been a ongoing process.
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The subordinate role of Texas in the federal system
The United States has a federal system of government, while all its constituent state governments, including Texas, have a unitary system. In a federal system, governmental power is divided and shared between a national or central government and state or regional governments. This is in contrast to a unitary system, in which the central government holds ultimate authority and any regional or local governments are subordinate to it.
In the US federal system, all national matters are handled by the federal government, led by the president and members of Congress, all of whom are elected by voters across the country. All matters at the subnational level are the responsibility of the fifty states, each headed by an elected governor and legislature. There is a separation of functions between the federal and state governments, and voters choose the leader at each level. While each level of government is somewhat independent of the others, there is also a great deal of interaction and cooperation between them. For example, the federal government’s efforts to ensure homeland security are often bolstered by the involvement of law enforcement agents working at local and state levels.
The relationship between the federal government and the state governments is regulated by the supremacy clause in Article VI of the Constitution, which declares that the Constitution and federal law are the supreme law of the land. This means that if a state law clashes with a federal law within the national government’s constitutional authority, the federal law prevails. The intent of the supremacy clause is not to subordinate the states to the federal government but to affirm that one body of laws binds the country.
The expansion of federal power has also expanded the scope of civil liberties and civil rights that states, including Texas, must respect. For example, the 14th Amendment due process clause has resulted in the doctrine of incorporation, which holds that most rights found in the Bill of Rights—which originally only applied to the national government—cannot be encroached upon by the states.
The Texas Office of State-Federal Relations (OSFR) was established in 1965 to advocate for the interests of Texas in its relationship with the federal government. Texas law requires state-funded travellers to submit travel information to the OSFR when engaging in activities related to obtaining or spending federal funds, or impacting federal policies.
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Frequently asked questions
The US and Texas constitutions share several foundational ideas, including the emphasis on political power being derived from the people and the division of power into three separate branches of government: legislative, executive, and judicial. Both constitutions also promote the significance of individual rights and their protection from government overreach.
The US Constitution is influenced by and built upon three foundational documents known as the Charters of Freedom: the Declaration of Independence, the Constitution, and the Bill of Rights.
The US Constitution defines the framework of the Federal Government of the United States. It lays out the purposes of the new government, including establishing justice, ensuring domestic tranquility, providing for the common defence, promoting the general welfare, and securing the liberties of the people.
While the US and Texas constitutions share many similarities, a key difference lies in the subordinate role that Texas has within the federal system. Texas must adhere to federal laws and decisions, even when they conflict with its state policies or preferences, showcasing its unique position within the US.
