1. Texas Government vs. U.S. Government

2. What is a Constitution?
A set of guidelines or “rule book” that establish what the powers of our government are and the responsibilities of it too.

3. What is the Texas Government Modeled After?
So the structure (what our government looks like) and function (what our government does) is a reflection of the United States government.

4. Part 1: The Structure of Texas Government
Structure is the framework of our government
The U.S. government is divided into three branches of government, each with different duties.
The structure of Texas government is the same.

5. Constitutions U.S Texas Created: 1787 (ratified 1789) Preamble
7 Articles (approx. 7,000 words total)
Bill of Rights and Amendments (27)
Created: 1876 (has had 6 different constitutions)
Preamble
Bill of Rights
17 Articles (approx. 80,000 words total)
Amendments (over 500)

6. Articles of the U.S. Constitution
•Article 1 - The Legislative Branch
•Article 2 - The Executive Branch
•Article 3 - The Judicial Branch
•Article 4 - The States
•Article 5 - Amendment
•Article 6 - Debts, Supremacy, Oaths
•Article 7 - Ratification

7. Articles of the Texas Constitution
Article I – Bill of Rights
Article II – Powers of Government (separation of powers)
Article III – Legislative Department
Article IV – Executive Department
Article V – Judicial Department
Article VI – Suffrage
Article VII – Education
Article VIII –Taxation and Revenue
Article IX – Counties
Article X – Railroads
Article XI – Municipal Corporations
Article XII – Private Corporations
Article XIII – Spanish & Mexican Land (repealed August, 1969)
Article XIV – Public Land and Land Office
Article XV – Impeachment
Article XVI – General Provisions
Article XVII – Mode of Amending the Constitution

8. 3 Branches: Executive Legislative Judicial 3 Branches: Executive
Structure
U.S.
Texas
3 Branches:
Executive
Legislative
Judicial
3 Branches:
Executive
Legislative
Judicial

9. Executive Function: See that laws are carried out. Texas U.S.
Head: Governor. Lieutenant Governor
Serves unlimited 4-year terms
Must be 30 years old at least
Plural Executive- Shares power with other elected offices
Head: President, Vice President
Serves a maximum of two 4-year terms
Must be 35 years old at least
Has a Cabinet and powers to appoint members and other offices and judges

10. Legislative Function: To make laws (Bi-cameral: Made up of 2 houses)
Texas
U.S.
Bicameral Congress
House of Representatives
Serves 2 year terms
Must be 21 years old at least
Senate
Serves 4 year terms
Must be 26 years old at least
Sessions are biennial (once every 2 years)
Bicameral Congress
House of Representatives
Serve 2 year terms
Must be 25 years old at least
Senate
Serve 6 year terms
Must be 30 years old at least
Unlimited congressional sessions

11. Judicial
Function: Decide if laws are constitutional (fair), and try civil and criminal cases
U.S.
Texas
High Court: U.S. Supreme Court
9 Justices
Serve Life Terms
Justices appointed by President and approved by the Senate
2 High Courts: Texas Supreme Court for civil cases and Texas Court of Criminal Appeals for criminal cases.
9 Justices
Serve 6 year terms
Judges elected

12. Good and Bad Points of the 1876 Constitution…
Negative
Positive
Constitution is inflexible and not forward looking
It has to be amended frequently due to changing society -- presently, there are more than 500 amendments.
Constitution is too detailed -- it should contain a basic framework for government, leaving the specifics to the legislature.
U.S. Constitution is short. Texas Constitution is very long.
Because it is so specific, we have to constantly amend it just to allow the legislature to pass new laws and programs
Weaker state government = less chance of abuse of power
Limits on taxing, spending, & borrowing has helped to keep spending under control, taxes lower, and no state deficit.
Stronger local government makes it easier for citizens to influence important decisions affecting their daily lives – it’s generally easier to influence local government than state government

13. The Seven Principles of Government

14. Part 2: Function of Government
Function is how the government works, or what it does for the people.
The U.S. Constitution is based on seven principles, or rules and goals. These are meant to determine how the government should exist. The Texas Constitution is based on the same seven principles.

15. Principle #1: Popular Sovereignty
The principle of popular sovereignty is expressed in the first three words of the Constitution...
It means that the people are the final authority, or “People Rule”
How is Popular Sovereignty achieved?

16. VOTING!
The people vote on individuals to represent them in the various branches of government, The people vote on proposed laws.

17. Principle #2: Limited Power of Government
Limited government means that we give the government power, but not too much power.
The key word in the above statement is “we”. The government has only the powers the people have given it.
How do we limit the government’s power?
We outline the government’s power on paper in a constitution.

18. Principle #3: Federalism
The Framers wanted the states and the national government to be partners in governing. Federalism is the sharing of powers between the state and national government.
Meaning that some powers are state powers, some national, some are shared.

19. Examples National Powers -maintain armed forces -coin money
-declare war
-establish foreign policy
State Powers
-maintain schools
-marriage and divorce laws
-conduct elections
-regulate trade within the state
Shared Powers
-raise taxes-which are used to provide services to citizens
-charter banks
-provide for the public welfare
-administer criminal justice

20. Principle #4: Separation of Powers
Separating powers guards against putting too much power in the hands of a few people.
We limit power by creating the three branches of government, each with separate duties..

21. Principle #5: Checks & Balances
Each branch of government can check, or control, the power of the other two branches. The power is split among the three branches.
This ensures that not only the government as a whole can’t become too powerful, but each specific branch of government cannot as well.

23. Principle #6: Republicanism
The idea that government is controlled by the people who hold power and elect representatives, giving those representatives power to make and enforce laws.
The Framers wanted the people to hold power, but also feared that public opinion would stand in the way of sound decision making.
Therefore in Republicanism, the people have power by voting for political representatives to represent them and make laws.
Citizens are expected to participate & be knowledgeable to make informed decisions when voting.

24. Principle #7: Individual Rights
Individuals have to the right to act with liberty and determine their own destinies, without unreasonable interference from the government.
These rights, or personal liberties, are protected in the Bill of Rights (1st 10 Amendments to the Constitution).