Omar Bennett
The US Constitution and Texas Constitution share similarities, including a bill of rights, a two-house legislature, and a system of checks and balances. However, there are also several key differences between the two. The US Constitution is brief and vague, allowing for broad interpretation, while the Texas Constitution is long, detailed, and specific, leaving little room for interpretation. The US Constitution increases government power, while the Texas Constitution limits government action. The Texas Constitution also creates a plural executive, sharing executive power across multiple elected offices, and allows the governor to veto specific items in budget bills, which the US Constitution does not permit. Additionally, the Texas judiciary system is more complex than the federal judiciary, with six types of courts compared to the three levels of federal courts.
| Characteristics | Values |
|---|---|
| Length | The US Constitution is brief and vague, allowing for broad interpretation. The Texas Constitution is detailed and specific, leaving little room for interpretation. |
| Applicability | The US Constitution applies to the federal government, with states being subordinate. The Texas Constitution sets out what the state government can and cannot do, with counties being subordinate. |
| Amendment | The US Constitution is difficult to amend, but its structure makes frequent amendments unnecessary. The Texas Constitution is easier to amend, and amendments are more frequent. |
| Judicial System | The US judiciary is simple, with three levels of courts and appointed judges. The Texas judiciary is more complex, with six types of courts, some of which overlap, and elected judges. |
| Government Power | The US Constitution increases government power. The Texas Constitution limits government action. |
| Veto Power | The US Constitution does not allow the governor to veto specific items in budget bills. The Texas Constitution allows the governor to exercise a line-item veto. |
| Tax and Spending | The US Constitution does not restrict tax and spending policies. The Texas Constitution has detailed restrictions on what state legislators can write into law. |
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What You'll Learn
Length and interpretation
The Texas Constitution is much longer than the US Constitution, which is intentionally brief and vague, allowing for broad interpretation by the federal government. In contrast, the Texas Constitution is highly detailed and specific, leaving little room for interpretation to ensure that it is not interpreted in a manner inconsistent with its ideals. This specificity can complicate legal matters, as it can make it difficult to determine whether a violation has occurred and can lead to complex lawsuits.
The Texas Constitution goes into great detail about the rights of Texans and the specific circumstances in which these rights are infringed upon. This level of detail can make it challenging to understand whether a statute has been applied wrongly in "as-applied" challenges, where plaintiffs argue that constitutional statutes are being applied unconstitutionally in a way that discriminates against them due to their particular circumstances.
The US Constitution, on the other hand, grants the federal government broad powers and increases its authority compared to the previous decentralized government. It sets out the powers and limitations of the federal government, with the states being subordinate. In contrast, the Texas Constitution (and all state constitutions) outlines the powers and restrictions of the state government, with the counties being subordinate.
The Texas Constitution also includes detailed restrictions on tax and spending policies, which limit what state legislators can write into law. It allows the governor to veto specific items within budget appropriations bills, a practice known as a line-item veto. This is in contrast to the US Constitution, which does not restrict tax and spending policies and considers the line-item veto to be unconstitutional due to the separation of powers between the legislative and executive branches.
Additionally, the Texas Constitution is relatively easy to amend, with frequent amendments proposed and passed by the legislature. In contrast, the US Constitution is challenging to amend, but its structure makes frequent amendments unnecessary.
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State and federal power
The US Constitution applies to the federal government, with the individual states being subordinate. In contrast, the Texas Constitution, like all state constitutions, sets out what the state government can and cannot do, with the counties being subordinate.
The US Constitution is intentionally brief and vague, which allows the federal government to interpret it broadly. On the other hand, the Texas Constitution is highly detailed and specific, leaving little room for interpretation. This specificity can make legal matters more complicated in practice. For example, Texas's Constitution includes detailed restrictions on what state legislators can write into law regarding tax and spending policies, whereas the US Constitution does not impose such limits.
The US Constitution is difficult to amend, but its structure makes frequent amendments unnecessary. In contrast, the Texas Constitution is relatively easy to amend. While it is challenging to propose a constitutional amendment, once the proposal is approved by the legislature, it passes with relative ease. As a result, amendments are more frequent in Texas.
Both constitutions include principles of representative democratic government, a bill of rights, a two-house legislature, a system of checks and balances, and separation of powers between the legislative, executive, and judicial branches. However, the US Constitution increases government power, while the Texas Constitution limits it.
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Tax and spending policies
The US Constitution grants Congress the authority to make tax and spending decisions through various legislative actions. It specifies that Congress has the power "to lay and collect Taxes, Duties, Imposts and Excises" and that "No Money shall be drawn from the Treasury" without appropriate legislation. The federal budget process involves the President submitting a budget request, reflecting their priorities, to Congress. Congress then has the power to pass legislation affecting mandatory and discretionary spending and tax laws.
The Texas Constitution, on the other hand, requires the state to operate under a balanced budget, meaning Texas can only spend as much as it estimates it will receive in revenue during a fiscal biennium. Texas state government revenue comes from over 60 different taxes, fees, and assessments, with the largest sources being state taxes, followed by federal grants. Texas's key budget items include education, health and human services, Medicaid, Medicare, Child Protective Services, transportation, and more.
One notable difference in tax policies is that while the US Government can borrow money, even for operating expenses, the Texas state government cannot. Additionally, Texas has specific taxation provisions, such as the taxation of certain open-space land to promote its preservation and county tax levies for roads and flood control.
In terms of spending policies, Texas's budget is influenced by federal funding. For instance, in 2016, Texans sent the federal government $261 billion in taxes and received $39.5 billion in grants, which was about 15% of their total federal tax contribution. This federal funding is crucial for education, healthcare, and infrastructure in Texas.
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Amendments
The Texas Constitution is one of the longest and most detailed state constitutions in the US. It contains 17 articles and numerous amendments that address a wide range of specific issues, including local government, taxes, private property rights, and natural resources. This level of detail reflects the state's history and values, as well as the desire of Texans to address important issues directly in their constitution.
The US Constitution, on the other hand, is brief and vague, which allows for broad interpretation. It increases government power and concentrates executive power in the president. The Texas Constitution, in contrast, limits government action and creates a plural executive that shares power across multiple elected offices.
The Texas Constitution has been amended more than 500 times since its adoption in 1876, reflecting the state's willingness to adapt its governing framework to changing circumstances. In comparison, the US Constitution has only been amended 27 times since its ratification in 1788. The US Constitution's amendment process, outlined in Article V, requires a two-thirds majority vote in both houses of Congress or a constitutional convention called for by two-thirds of state legislatures to propose an amendment. Once proposed, an amendment must be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states.
While it is difficult to propose a constitutional amendment in Texas, once a proposal is approved by the legislature, it passes relatively simply. The Texas Constitution's length and ease of amendment mean that it functions more as an adjunct to the statutes than a static set of governing principles. The frequent amendments also highlight the dynamic nature of the Texas Constitution, which was designed to be changed to reflect the growth and development of the state.
The differences in the amendment processes and frequencies between the Texas and US Constitutions underscore the distinct approaches taken by these governing documents to accommodate the diverse interests and complexities of state governance.
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Legal challenges
The Texas Constitution and the US Constitution present different legal challenges due to their distinct structures and provisions. One key difference lies in their levels of detail and interpretation. The US Constitution is intentionally concise and vague, allowing for broad interpretation by the federal government. Conversely, the Texas Constitution is highly detailed, leaving little room for interpretation to ensure adherence to its ideals. This specificity can complicate legal matters, as it becomes challenging to determine whether a statute has been wrongly applied.
The Texas Constitution grants Texans similar rights to those in the US Constitution but goes into greater detail regarding when these rights are infringed upon. This complexity gives rise to two primary types of lawsuits filed under the Texas Constitution: facial challenges and "as-applied" challenges. Facial challenges assert that specific portions of the Texas Constitution are unconstitutional. In contrast, "as-applied" challenges argue that constitutional statutes are being applied unconstitutionally in a discriminatory manner against certain individuals due to their unique circumstances.
The Texas Constitution's intricate nature demands a deep understanding of its nuances. Only experienced lawyers familiar with its intricacies can successfully navigate and provide sufficient evidence for these complex cases. The Texas Constitution also allows the governor to exercise a line-item veto on budget appropriation bills passed by the legislature, which the US Supreme Court considers a violation of the separation of powers.
In contrast, the US Constitution's structure makes frequent amendments unnecessary, despite the difficulty of proposing and enacting them. On the other hand, the Texas Constitution is relatively easy to amend once a proposal is approved by the legislature. This accessibility has led to numerous amendments over time. The Texas judiciary system further complicates legal challenges with its six types of courts, some of which overlap in jurisdiction, compared to the simpler federal judiciary system with its three levels of courts.
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Frequently asked questions
Both constitutions provide a framework for governance, establish the separation of powers, and guarantee fundamental rights to the people. They both have provisions for the creation of legislative, executive, and judicial branches, ensuring a system of checks and balances.
The Texas Constitution is longer and more detailed, leaving little room for interpretation to ensure it cannot be interpreted in a manner inconsistent with the constitution's ideals. The US Constitution is intentionally brief and vague, allowing the federal government to broadly interpret it.
The US Constitution is difficult to amend, but the document's structure makes frequent amendments unnecessary. In contrast, the Texas Constitution is relatively easy to amend, and amendments are frequent.
The US Constitution increases government power to address the previous government's lack of power due to decentralisation. The Texas Constitution, on the other hand, limits government action and emphasises local control.
