Lutz says Americans used constitutions to
1) Organize themselves as a people
2) create a government
3) lay out the basic values and commitments they shared
4)describe the institutions for collective deal-making
The US Constitution doesn't
do a lot of the things we just said Constitutions do.
Donald Lutz's conclusion is that The US Constitution
is an incomplete Constitution.
to understand the document
we must understand the state that supports the institution itself.
the book says that "the Texas Constitution is very much an
embodiment of the traditionalistic and individualistic political sub cultures
the book says "history, culture, traditions, basic principles, and ideas have an impact on
constitutions."
popular sovereignty is to be understood as
the rule of the people over the government.
where is popular sovereignty established in the Texas constitution
second section of the bill of rights read
where is popular sovereignty established in the national constitution
declaration and constitution
what the national declaration says concerning popular sovereignty
"governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness."
what the national constitutuion says concerning popular sovereignty
"We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."
second section of the bill of rights read
"INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT.
- All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit.
- The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only,
- They have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient."
popular sovereignty also expressed in the national documents like the
constitution
What the constitution says concerning popular sovereignty
-"We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and
- Secure the blessings of liberty to ourselves and
our posterity, do ordain and establish this Constitution for the United States of America."
Constitutionalism is inherently dependent upon
popular sovereignty
Constitutions are compacts, not
contracts
how does the book mention compacts
by using the phrase "social contract theory" which is applied to Locke and Hobbes.
what is the problem with the books interpretations of compacts
there is a difference between a compact and a contract
how does Lutz define a compact
"was a mutual agreement or understanding that was more in the nature of a standing rule. If it did not always have the status of law [ as Constitutions do], it often had similar effect. A compact implied an agreement that in some way affected the entire community or relations between communities. The word's root meaning was knitting together or bringing the component parts closely and firmly into a whole. A compact, therefore, was an agreement creating something we would today recognize as a community."
- There is a broad, public, and enforced consensus here.
- This is significantly different from the term contract.
how does Lutz define a contract
A contract usually implied an agreement that had mutual responsibilities on a specific point. A contract carried a restricted commitment, such as in a business matter. And involved relatively small groups of people. It could be enforced by law, but did not itself have the status of law."
(Contracts are private agreements that do not require public disclosure or witnesses)
Lutz shows us that Bills of rights are
value statements of the documents
What does the Preamble say
That the general, great and essential principles of liberty and free government may be recognized and established, we declare:
(HIGHLIGHTED) Section 1 of ARTICLE 1. bill of rights of the Texas constitution
FREEDOM AND SOVEREIGNTY OF STATE.
Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.
(HIGHLIGHTED) Section 2 of ARTICLE 1. bill of rights of the Texas constitution
INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT.
All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.
Section 3 of ARTICLE 1. bill of rights of the Texas constitution
EQUAL RIGHTS.
All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.
(HIGHLIGHTED) Section 3a of ARTICLE 1. bill of rights of the Texas constitution
. EQUALITY UNDER THE LAW.
Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative. (Added Nov. 7, 1972.) 3a IS NOT NECESSARILY INCLUDED IN SEC 3. THAT THE STATE WENT ALMOST 100 YRS WITHOUT THAT AMENDED
(HIGHLIGHTED) Section 4 of ARTICLE 1. bill of rights of the Texas constitution
RELIGIOUS TESTS.
No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.
Section 5 of ARTICLE 1. bill of rights of the Texas constitution
. "WITNESSES NOT DISQUALIFIED BY RELIGIOUS BELIEFS; OATHS AND AFFIRMATIONS.
No person shall be disqualified to give evidence in any of the Courts of this State on account of his religious opinions, or for the want of any religious belief, but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury."
(HIGHLIGHTED) Section 6 of ARTICLE 1. bill of rights of the Texas constitution
. FREEDOM OF WORSHIP.
All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.
Section 7 of ARTICLE 1. bill of rights of the Texas constitution
. APPROPRIATIONS FOR SECTARIAN PURPOSES.
No money shall be appropriated, or drawn from the Treasury for the benefit of any sect, or religious society, theological or religious seminary; nor shall property belonging to the State be appropriated for any such purposes.
(HIGHLIGHTED) Section 8 of ARTICLE 1. bill of rights of the Texas constitution
. FREEDOM OF SPEECH AND PRESS; LIBEL.
Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. In prosecutions for the publication of papers, investigating the conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.
Section 9 of ARTICLE 1. bill of rights of the Texas constitution
SEARCHES AND SEIZURES.
The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.
(HIGHLIGHTED) Section 12 of ARTICLE 1. bill of rights of the Texas constitution
HABEAS CORPUS.
The writ of habeas corpus is a writ of right, and shall never be suspended. The Legislature shall enact laws to render the remedy speedy and effectual.
Section 13 of ARTICLE 1. bill of rights of the Texas constitution
. EXCESSIVE BAIL OR FINES; CRUEL OR UNUSUAL PUNISHMENT; OPEN COURTS; REMEDY BY DUE COURSE OF LAW.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.
Section 17 of ARTICLE 1. bill of rights of the Texas constitution
. TAKING PROPERTY FOR PUBLIC USE; SPECIAL PRIVILEGES AND IMMUNITIES; CONTROL OF PRIVILEGES AND FRANCHISES.
(a) No person's property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person, and only if the taking, damage." (continues on)
Section 18 of ARTICLE 1. bill of rights of the Texas constitution
IMPRISONMENT FOR DEBT.
No person shall ever be imprisoned for debt.
(HIGHLIGHTED) Section 19 of ARTICLE 1. bill of rights of the Texas constitution
. DEPRIVATION OF LIFE, LIBERTY, PROPERTY, ETC. BY DUE COURSE OF LAW.
No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.
Section 20 of ARTICLE 1. bill of rights of the Texas constitution
OUTLAWRY OR TRANSPORTATION OUT OF STATE FOR OFFENSE.
No citizen shall be outlawed. No person shall be transported out of the State for any offense committed within the same. This section does not prohibit an agreement with another state providing for the confinement of inmates of this State in the penal or correctional facilities of that state. (Amended Nov. 5, 1985.)
Section 21 of ARTICLE 1. bill of rights of the Texas constitution
. CORRUPTION OF BLOOD; FORFEITURE OF ESTATE; SUICIDES.
No conviction shall work corruption of blood, or forfeiture of estate, and the estates of those who destroy their own lives shall descend or vest as in case of natural death.
Section 22 of ARTICLE 1. bill of rights of the Texas constitution
. TREASON AGAINST STATE.
"Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort; and no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on confession in open court."
(HIGHLIGHTED) Section 23 of ARTICLE 1. bill of rights of the Texas constitution
RIGHT TO KEEP AND BEAR ARMS.
Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.
(HIGHLIGHTED) Section 24 of ARTICLE 1. bill of rights of the Texas constitution
MILITARY SUBORDINATE TO CIVIL AUTHORITY.
The military shall at all times be subordinate to the civil authority.
Section 25 of ARTICLE 1. bill of rights of the Texas constitution
QUARTERING SOLDIERS IN HOUSES.
No soldier shall in time of peace be quartered in the house of any citizen without the consent of the owner, nor in time of war but in a manner prescribed by law.
Section 26 of ARTICLE 1. bill of rights of the Texas constitution
PERPETUITIES AND MONOPOLIES; PRIMOGENITURE OR ENTAILMENTS.
Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed, nor shall the law of primogeniture or entailments ever be in force in this State.
(HIGHLIGHTED) Section 28 of ARTICLE 1. bill of rights of the Texas constitution
SUSPENSION OF LAWS.
No power of suspending laws in this State shall be exercised except by the Legislature.
(HIGHLIGHTED) Section 29 of ARTICLE 1. bill of rights of the Texas constitution
BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT AND INVIOLATE.
To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.
(HIGHLIGHTED) Section 32 of ARTICLE 1. bill of rights of the Texas constitution
MARRIAGE
(a) Marriage in this state shall consist only of the union of one man and one woman.(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage. (Added Nov. 8, 2005.)
(HIGHLIGHTED) Section 34 of ARTICLE 1. bill of rights of the Texas constitution
RIGHT TO HUNT, FISH, AND HARVEST WILDLIFE.
(a) The people have the right to hunt, fish, and harvest wildlife, including by the use of traditional methods, subject to laws or regulations to conserve and manage wildlife and preserve the future of hunting and fishing.
(b) Hunting and fishing are
preferred methods of managing and controlling wildlife.
(c) This section does not affect any provision of law relating to trespass, property rights, or eminent domain.
(d) This section does not affect the power of the legislature to authorize a municipality to regulate the discharge of a weapon in a populated area in the interest of public safety.(Added Nov. 3, 2015.)
(HIGHLIGHTED) ARTICLE 2 powers of gov. Radical statement about Gov
"Sec. 1. SEPARATION OF POWERS OF GOVERNMENT AMONG THREE DEPARTMENTS.
The powers of the Government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: Those which are Legislative to one; those which are Executive to another, and those which are Judicial to another; and no person, or collection of persons, being of one of these departments, shall exercise any
power properly attached
to either of the others, except in the instances herein expressly permitted."
a constitution is
establishes the fundamental rules by which states govern. they instruct though not always explicitly what the government can and cannot do.
Know the relationship between limited government and Constitutionalism as explained in your book.
constitutions structure government, divide and assign power, and place limitations on government. the current TX constitution is an example of limitations on the power of state government.
Know which part of Constitutionalism is "whole heartedly embraced" by The Texas Constitution.
idea of limited government
Know the plural executive system and what it does.
how the secretary of state gets elected by the governor.
it is a system that serves to limit the power of the governor by distributing executive power among the various independently elected officials.
What your book says about all Texas constitutions
all reflected the political climate of the state, demonstrating how political culture drives institutions .
The differences between all the Texas constitutions
institutions can independently impact political outcomes swell as shape political culture in the future.
Jose Antonio Navarro and his impact on Texas
...
how The Constitution of Texas is Amended
by two thirds vote of each house of the state legislature.
all the reasons why state Constitutions are amended more regularly than The National Constitution
- state constitutions deal with a wider range of functions. out 63% of state amendments deal with issues not covered in the US constitution.
- the longer state constitutions the more likely they are to be
amended
- the method used to amend. states that require large legislative majorities for initiation have fewer amendments proposed and approved
the relationship between initiatives and success rates of Constitutional amendments
in the 18 states that allow voters to initiate amendments 2 things happen
- more amendments are proposed
- the voter approval success rate for initiative-generated amendments are
proposed, and the voter approval success rate for initiative generated amendments is about half of those proposed by state legislatures
(32% v 64%)
the success rate of Texas Constitutional Amendments
73%
the criticisms of The Texas Constitution
length, wording, unclear organization, excessive detail, inflexibility, and constant change.
the terms of each legislative branch
senate- 4 year overlapping terms (half the membership is elected every 2 years)
house- 2 year terms
what happens after a census in the Senate
the us constitution requires that congress reapportion the seats in the US house among the states following the census. congress basically determines how many representatives each state will have in the house based on the current population figures
Texas constitution similarly requires the state legislature to reapportion the seats following each federal census.
how many members are in each body
house- 150 2 year terms
senate- 31 4 year overlapping terms
how The Speaker of The House is elected
by the house by majority vote for a two year term
- first formal action in the legislative session
the powers of The Speaker of The House
1. Appoint the chairs of all committees
2. appoint most members of each standing committees. half of them assigned on a seniority system. the backers of the speaker often use their seniority to choose a committee
assignment thus freeing a spot for an appointment.
3. appoint members of the calendar and procedural committees, conference committees, and other special and interim committees.
4. serve as preceding officer over all sessions. allows speaker to recognize members on the floor who want to speak, generally interpret house rules, decide when a vote will be taken, and decide the outcome of voice votes.
5. refer all bills to committees. as a rule, bills go to subject matter committees.
however, the speaker has discretion in deciding what committee will receive a bill. some speakers used the state affairs committee as their "dead bill committee". bills assigned to this committee usually had a little chance of passing. also, the speaker can assigned a bill to a favorable committee to enhance it chances of passing.
the Lieutenant Governor is selected
elected by the voters in a statewide general election and serves a four year term
Lieutenant Governor legislative powers
1. appoint the chairs of all senate committees
2. select all members of all senate committees. NO SENIORITY RULE in senate
3. appoint members of the conference committees
4. serve as presiding officer of the senate and interpret rules.
5. refer bills to all committees
the Sunset Process in Texas
oversights o state agencies. the commission reviews about 130 state agencies on a rotating basis to determine whether there is a continued need for the agency under review. this works out to each agency being reviewed on average about 12 yrs. the commission then makes a recommendation to the legislator regarding whether agencies should be continued or abolished.
what statewide officials are elected
- governor
- lieutenant governor
- attorney general
- comptroller
- land commissioner
- agricultural commissioner
- railroad commissioner
the Attorney General
serves as the legal counsel to the governor, the legislature, and most of the other agencies, boards, and commissions in state government.
the Railroad Commission
created in 1891 under the administration of governor james S. Hogg to regulate the railroad monopolies that had developed in the state. the commission was also given regulatory authority over terminals, wharves, and express companies. 3 member 6 year staggered terms. every 2 years new is elected.
the implication on the powers of the Governor of so many officials being elected
without the power of removal the appointive powers of the Governor are greatly diminished.
the officials the governor appoints
- secretary of state
- executive directors of the apartments of commerce, health & human services, housing and community affairs, and insurance, and the office of state-federal relations.
the secretary of state
a constitutional office, appointed by the governor with approval of the state senate. the constitution and state statues assign many duties to this office, which can be lumped into 3 broad categories: elections, record keeping/information management, and international protocol.
the Governors removal powers
the removal power is weak. before 1981 it was quiet concerning removals but the constitution was amended with a 2/3rd vote of the senate to remove any person they personally appointed. governors may not remove any of their predecessors appointees. does help him but does not give him a day to day advantage.
The Texas Board of Pardons and Paroles and understand how they limit the governors powers
...
how Texans select Judges
partisan elections
the two highest courts in Texas
supreme court and the court of criminal appeals
the various kinds of courts and their jurisdiction
court of appeals- regional jurisdiction
district courts- original jurisdiction
county level- original jurisdiction in civil
action
justice courts and municipal courts- criminal misdemeanors punished by fine.
how judges are removed in Texas
state commission on judicial conduct, which receives complaints about judges at all levels in the judiciary.
independent and Third Party Candidates
a candidate in 2016 had to collect at least 47,000 signatures
Know the procedures a third party candidate must go through to be on the ballot in Texas
file a petition with a specified number of signatures. for statewide office, signatures equal to 1 percent of the votes cast for governor in the past general election required.
Understand the relationship between primary election and petition signatures in Texas
each signer must be a registered voter and must have not participated in the primary elections of other parties in the electoral cycle. signing is like voting.
what a minor party in Texas is
any political organization that receives between 5 and 19 % of the votes for any statewide office in the past general election.
what it takes to become a minor party
parties that achieve minor party status must nominate their candidates in a party caucus or convention and are except from petition requirement discussed previously.
who currently has the minor party status in Texas
libertarian party and green party