Terms in this set (49)
Section 30 Article I, the Texas Bill of Rights, establishes what right?
The right to be treated with dignity and privacy in the criminal process and the right to conger with reps of the prosecutors office
Section 33 of Article I establishes what right?
Texans' right to access and use public beaches
Why are the two policies mentioned above in the Texas Bill of Rights?
Particular policy positions take on a protected status, It is more difficult to change a right in the Texas Constitution
How many amendments have been added to the Texas Constitution as of 2013?
What is the definition of a constitution?
The legal structure of a government, which establishes its power and authority as well as the limits on that power
What 5 ideas unite the U.S. and TX constitutional experiences?
1. Political power in both the U.S. and TX is ultimately derived from the people
2. Political power is divided into 3 separate parts and placed in separate branches of government
3. The U.S. and TX Constitutions structure political power in such a way that the power of one branch is checked and balanced by the power of the other 2 branches
4. The idea of individual rights. Government is explicitly forbidden to violate a number of particular rights that the people posses.
5. The idea of federalism. Both kinds of government exercise direct authority over individual citizens of the U.S. and of each state
What does "supremacy clause" of the Article VI of the U.S. Constitution require?
States that the constitution and laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision
What issue did the Civil War and the 14th Amendment resolve?
The question of "Was the U.S. a confederation of autonomous sovereign states that were ultimately independent political entities capable of secession?" & "Was the U.S. a perpetual union of states that were ultimately in a subordinate relationship to central government?"
The incorporation of the U.S. BOR through the 14the Amendment has resulted in what?
Placed restrictions on TX government and public policy that went far beyond those laid out in Texas's own constitution
Article I, Section 8 of the U.S. Constitution is responsible for a great expansion of national government power. What does it say?
It lists the specific powers granted to Congress by the Constitution. Also, grants Congress the power necessary to accomplish its constitutional tasks
Why is TX admission to the US special?
Because TX was its own nation before joining the US
What can be said about 39 of the 59 delegates who wrote the TX Declaration of Independence in 1836 at Washington-on-the-Brazos?
They were from southern slave states
What were 3 of the grievances Texans had about the Mexican government?
Failure to provide freedom of religion, a system of public education, and trial by jury
Who is the "Thomas Jefferson" of the TX Declaration of Independence?
George C. Childress
What was the "melancholy conclusion" of the TX Declaration of Independence?
It echoed ideas that Locke and Jefferson would have understood well: any government that stripped people of their liberty was unacceptable to those raised on principles of self-government
What ideas did we borrow from Spanish-Mexican law that we incorporated in the Republic of TX Constitution of 1836?
The ideas of community property, homestead exemptions and protections, and debtor relief
What was an unprogressive feature of the Constitution of 1836?
The defense of slavery as an institution
What 2 issues delayed Texas' admission to the US?
Texas would be admitted as a slave state and it could alter the delicate balance between slave and free states, and also further divide the nation over the sensitive subject of slavery
What was a generous provision in the admission of TX to the Union?
TX retained a right to all "its vacant and unappropriated lands" as well as to its public debts
What was a unique provision in the Constitution of 1845?
The legislature would be composed of 2 houses: House of Reps and the Senate
How is the fight for TX' independence from MX different from the American Revolution?
What was an important difference between the Mexican Constitution immediately after its independence from Spain and the US Constitution?
Stephen F. Austin was an empresario. What does that mean?
Individuals who's goal was to encourage immigration into TX from America through the distribution of land available by Mexican government
What led to the imprisonment of Stephen F. Austin?
What was Sam Houston's opinion about secession?
What percent of the delegates to the 1861 convention which produced the Ordinance of Secession were slaveholders?
What was a major difference in the Constitution of 1845 and the Constitution of 1861?
references to the USA were replaced with references to the Confederate States of America
What were 3 requirements of the Constitution of 1866?
Reappointment in government was to be made based on the number of white male citizens. The governor was granted a line-item veto on appropriations. The state supreme court was expanded from 3-5 judges
What was the role of the US government in the Constitution of 1869?
What were "the most critical changes" in the Constitution of 1869?
The powers of the governor were vastly expanded. The state supreme court was reduced from 5-3 judges and the terms of court judges was lowered to 9 years
What was the composition of the delegates to the Constitutional Convention of 1875?
75 white Democrats and 15 Republicans, 6 of whom were black, and not one them was elected in the constitutional convention of 1868-69
What were the 4 themes of the delegates at the Constitutional Convention of 1875?
1. They wanted strong popular control of state government
2. They believed that a constitution should seriously limit the power of state government
3. They sought economy in govt.
4. The farmers sought to promote agrarian interests
What was a fear of the writers of the Constitution of 1876?
What does the Preamble of the TX Constitution say?
"Humbly invoking the blessings of Almighty God, the people of the state of TX do ordain and establish the Constitution"
How is the TX' BOR provision concerning right to bear arms differ from the US BOR provision?
Primogeniture and entail is forbidden by the TX BOR. What is that?
A law designed to keep large landed properties together by restricting inheritance to the firstborn
What kind of power does the Comptroller of Public Accounts have in reference to the Legislature?
The Comptroller of Public Accounts has the power to check the Legislature because its part of the Executive branch
What is meant by the "plural executive" system?
An executive branch in which power is fragmented because the election of statewide, officeholders is independent of the election of the governor
What is a controversial provision about public schools in Article 7 of the Constitution?
What is a 1993 amendment to the Constitution concerning taxes?
Requires registers voters in the state to approve a personal income tax and the proceeds from this tax be dedicated to education and tax relief
What is not defined in Article 15 of the Constitution?
impeachable offenses in terms of "treason, bribery, or other high Crimes and Misdemeanors"
What was the "Sharpstown scandal" and what did it motivate?
A major stock fraud involving Sharpstown state bank and the National Bankers Life Insurance Corporation. The state democratic chairman and state banking board member were bribed
What happened at the Constitutional Convention of 1974?
The convention was to draft a new constitution that would be presented to state voters for ratification
How did the Legislature in 1975 do to deal with the failure of the Constitutional Convention of 1974?
They passed 8 constitutional amendments that affectively would have rewritten the constitution through normal amendment process
How would the governor's power be increased by the proposed constitution of Ratliff and Junell in 1999?
The governor would have the authority to appoint several state officeholders who are now elected. The executive branch would be reorganized so that the governor or would have an appointed cabinet of department heads, subject to senate confirmation
How would the Ratliff-Junell proposal change the legislature?
Terms would be increased to 6 years for state senators and 4 years for state representatives . There would be term limits so that reps service would be limited to 8 regular sessions in the House or 16 in office and senators' service couldn't exceed 9 regular sessions in the Senate or 18 years in office
What % of the registers voters voted on constitutional amendments in 2013?
How did the constitutional amendment election of 2011 violate the usual pattern of that kind of election?
3/10 amendments were turned down by voters
What was an important constitutional amendment added in 1954?
required women to serve on juries
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