- 1800s Latin American countries reproduced itself (plagiarism) with regards to their constitution.

Transcription

1 8/02/2015 8:35 AM Video Interview The constitution - Been working on it for 10 years the guy. - What kills constitution 1. The people : need to know whats in their if they want to enforce it. It is sacred, like the bible. Nature Vs Nurture - When we think about our live we think about how we were brought up. - Constitution We have the opportunity to change the DNA of it. You can rewrite them. - It goes back 3000 years it goes back to Aristotle. He was the first to study it. He was out precesdessor. - Mexico and Brazil revise theirs every year or so. Easy to amend them. Website years s Latin American countries reproduced itself (plagiarism) with regards to their constitution. CONSTITUE WEBSITE + Rights to acts of freedom : Essentially a constitutional designer can go to this website. Countries that have similar constitutions like the USA - Similar ones went from 1800s to late 1900s Back to Lecture. Unproductive Congress? Cold Heart Political Realities + The Connecticut compromise not the great.

2 Virginia Plan - Population based. Congress had broad authority. -One executive appointed by the legislature. New jersey Plan -One House, State based (one vote per state) more similar to the structure we had under the articles of Confed. Congressional power is more limited. Connecticut - State based two senators per state House of Re is going to have population based representation. Electoral College - Most confusing way and least logical way to select a president Legislative - Atricle 1 Executive - Article 2 Judicial - Article 3 * Order of Power Listed above They divided power between them and they set these branches against each other. Our thoughts - People assume it s the Judicial. Its wrong. News Talk - ISIS another journalist executed - Saw member of congress from both parties, Demon and rep saying to the president what s his plan. He has to report to congress. - Exectutive has the power to send troops. Congress supplies them with supplies they need. - President can veto congrees but they can override a veto.

3 Judicial Review Abilitiy to strike down acts of congress? Compromises that come out of our constitution. - Voting Rights : Farmers did was punted on voting rights. You have voting rights for federal offices meaning you can vote if your state decided you can. - We have protection on gender, age. - If you have a felony in some states you can vote but others you cant. Restrictions States can put on Voting + Voting ID ( Texas) - Electoral College : How can states overcome it. It provides a layer between voters and the president. Is an institution between the voters and the prese. they SAY WIN or take all. For example in Texas (a republican state) why should democratic vote its not like they have a chance. Same goes for California. IF you dismantle win or take all in states then the dominate part will lose or fall out. It s a Collective problem. It inflats the states to disincentivize expanding the franchise and by solving the problem of slaver and representation. - If the judicial doesn t have the power of judicial review thens its not really a player when it comes to governemtn. - Slavery: Southern states wanted representation based on slave population. Northen states did not want them to have that level when they weren t also asked to pay taxes and dues accounting for the population. 3/5 compromise. Kristie - Due Monday by 8:30 the simulation - Quiz is also this Monday. - Current Events: Important be informed.

4 Texas Politics Chapter 2 8/02/2015 8:35 AM The Texas Constitution - Constitution: Binding contract between a government and its citizens that reflects the influence of the time and place in which it was written. - State ones differ that US constitution. Longer More frequently amended More likely to distribute power among elected officials and the people. - Texas constitution is long, detailed and disorganized constitution is shows in the law library at UT This constitution established the outlines, boundaries and responsibilities of Texas government today. But things have changed: nearly each year Texas prompts amendments to the state constitution. Lawmakers regularly adjust it to changes and demands of modern life. Texas constitution has two real-world jobs 1) It defines the pact between state government and its citizens 2) Establishes the law that is the basis for Texas s legal system * Affects the daily life of Texans quality of state roads, public schools. USA Constitution The constitution is Works like a contract between government and the people. (think: buying a house - what the seller and buyer each must do) Rules of the game the basis of a functioning democracy. People think of it as a sacred symbol that defines their political identity. Updating constitutions through amendments can keep them relevant in the face of unavoidable change. But sometimes they aren t enough to maintain a constitutions usefulness. Sometimes you need to discard the old one and create a new one.

5 *In the USA people feel such respect for the constitution so the idea of replacing it seems disrespectful and unimaginable. However top US judges have looked up to constitutions such as Canada, South Africa, and the European Union as being nicer and more powerful operating systems in the constitutional market place. This has mainly to do with their treatment towards rights of diverse groups, including those with disabilities. Thomas Jefferson: constitutions have limited shelf lives and so expires after 19 years because of the generation change. * US has been endured for 2 centuries and hasn t been amended since USA constitutions vs. State Constitutions. * Only six states continue to operate under constitutions drafted before * One quarter of todays state constitution were adopted after WW2 and the average state has had 3 in its history. Louisiana (11 constitutions) and Georgia (10) top the list for having over the average. State Longer (36,000 words) US shorter (7,400 words) - Texas Constitution has the fourth highest number of amendments. (1)Alabama 2) California 3) South Carolina) - Constitutional Amendments are not proposed only for matters of great importance but ones with least as well. Matters like this might be more easily dealt with through authority and only the voters can make the necessary changes. However its generally easier to propose important issues and controversial amendments on the state level not national. -Framers of the US Cons. Believed that elected officials would promote public interest while being removed from public mood and self interest. States Cons. See more popular influence because of decentralized government and direct representation. Federal Cons. Divides power into executive, judicial and Legislative branches. Provides - (Checks and Balances : giving each branch of

6 gover. some degree of oversight and control over the actions of other ones. State Cons. Often divide powers among multiple authorities. However many low level officials have overlapping responsibilities that in a more centralized system might reside in on administrator. So public passions and moods may influence them. Texas s Multi-Constitutional History : Texas a region within a newly formed Mexico : Basis of todays Texas Constitution emerged (Post Civil War). Texas joined the state of Coahuila in 1824 and formed Coahuila y Tejas. The Mexican constitution required each individual state to have its own constitution, which they finally published in A community property system: Married couples could have 2 types of property, separate (before marriage) and community (after). Homestead exemption from bankruptcy : The Homestead (the primary residence owned and lived in by a person or family) Protection (a legal exemption that protects at least half of the homestead from creditors.) against bankruptcy also helped stabilize the risky lives of those frontier (bored country lines) families. Education: Promote education because it was a policy written into the states governing document. Separate executive, legislative, and judicial authority : Required of all Mexican states. A unicameral state legislature : Single chamber with 12 deputies elected by popular vote. Texas occupied 2 seats. Establishment of Catholisim as the state religion Influences - Spanish Constitution of 1812 (Its establishment of religion, propert system and homestead) - The US constitution (Division of Power) - The Mexican Const. Constitution of the Republic of Texas ( )

7 The previous constitution formed in 1827 addressed some important needs but political trouble in Mexico and misgovernment in Texas allowed state leaders to call for a new constitutional convention in Texas became an independent state from Coahuila. March 1836 a new convention because of the situation of The Battle of the Alamo (Texas). Only lasted 15 days but a constitution was formed for them which served from It was quite brief and included a number of familiar features from the US one and some state ones. A brief Preamble (Intro) Separation of powers into the 3 branches A bicameral Legislature Check and Balances on the powers of each branch A bill of rights Democratic selection of government officeholders (males) Influences - Spanish and Mexican Law (community property laws, homestead) -US and that of Tennessee and other frontier states. -Texas adopted yet another Const. in 1845 when it became/joined the 28 th state in the union. They restricted legislative power because in was a requirement but also because of fear of an activist government. Most respected Texas Const. (Simple and direct) Under the General Provisions, the legislature could not authorize individuals to issue bills, checks, promissory notes or another paper to be used as money. State debt could not exceed 100,000 unless under specific circumstances. The 1845 Const. included Separation of powers into 3 branches Bicameral legislature Democratic form of government Elected executive and legislative positions Appointed Judicial Position

8 Homestead and property provisions Governor had powers similar to the presidents. Could Appoint attorney general Secretary of state Supreme and district court judges Influences - US - Louisiana - Texas Const. of 1833 Confederate Constitution of Texas Secession Convention : Constitution had to manage the states transition from the United States of American to the developing Confederate States of America. Replaced references to the US Emphasized slavery laws Asserted State rights * This rebel constitution was conservative in that it didn t make great changes to the previous one. Constitution of Post Civil War : was made to match to the US constitution and laws once again. But a series of amendments made it the 1866 Const. Limited changes which included Governors term changed to 4 years Selection of the comptroller and treasurer was changed to election Jurisdictions in the state were specified - Established public policies as opposed to broad ones of public authority. It contained an elaborate plans for public improvements system and planned a state public education system directed by a superintendent of public instruction. - Disagreement over the legal status of secession (withdrawing from a membership of federation. Radical Rep. said that it was abolished from the

9 beginning and that all laws that were based on laws passed since 1861 were abolished. Moderates (led by Hamilton) said that all laws not in conflict with the laws and Const. were ok. Basic International Law supported their clause because it states When Sovereignty (Power of authority) changes general law doesn t until altered by the new Sovereign Radical Republic Constitution of 1869 US government put pressure on Texas (Secessionist State) to comply with the Congressional Reconstruction Acts of Confederate States had to ratify the 13 th, 14 th and 15 th amendments. Reject Secession Accept that the USA would not pay the war debt Reject laws passed under the Confederacy Submit new state constitutions - Could not happen with the previous leaders on the Civil War still in power. Congress put southern states under military occupation. - Const. Convention Republicans dominated as democrats were confederate. failed to produce a complete constitution. 49/50 delegates signed. But it was published as the Texas Constitution. Educational Policies A school Fund (new poll tax, plus ¼ of annual taxes, plus income from lands set aside to support school. Superintendent was maintained and attendance was mandatory. Political Power Centralized Administrative institutions were strengthened. Immigration Bureau was established No-fee Homesteads were granted to settlers and mineral rights were assigned to landowners. Legislature prohibited the sale of liquor near colleges. Forbidden granting divorces. Convention of Constitution reflected the ideas of a dominant republic party.

10 - Was hated by many citizens who were involved in the confederacy. High taxes and large government shortage needed to fund schools, roads and bridges went against everything old Texas economic elites believed in. - Many ordinary citizens hated it because it was created from Washington and the radical repub, centralized political power, strengthened public institutions, promoted an activist social agenda and was incomplete. - Democratic Leaders wanted to replace it. Some elected officials wanted special committees in the legislature to do it. Others in the house of Rep. felt that voters should have more direct role. Once it was established it was quickly defeated. - General Coke called for the 1875 convention. The legislature called for an election in which voters could approve the convention and pick 3 delegates from each of the states 30 senatorial districts. Met in Austin from Sept. 6 to Nov Voted to adopt it on February 15 th 1876 o Agricultural interests dominated o Government was decentralized o State programs were rolled back o Educational system weakened o Taxes were rolled back o Lowering the state debt o Terms of public offices were limited o Activities of state banks and railroads were cut down. o Legislature was given low wages small staff and budget. And denied to override the governors vetoes. o Members of the Judiciary were to be elected every 2 years (limited because general public could remove them from office and wealthy who control campaign contribution.) Contemporary Texas Constitution. - Difficult to alter because of the strict rules governing change and because of cultural and traditional resistance to rewriting a Const. that has served for over a hundred years.

11 - Described as : Few brief terms, overly long, very detailed, disorganized and poorly written : examples such as - Coverage of Ad Valorem taxes : spans 14 subsections and sevel pages of text. Administration of parks, bond interest rates and elections for sheriffs to the creation of hospital districts to dueling. Individual subjects are covered in multiple places. several subsections share the same number. In 1969 an entire article was removed leaving just the title and no text. Documents level of detail and disorganization makes integrating straightforward prose a challenge. - Through the constitution the framers covered the powers and organization of the government by first focusing on those areas deemed important. Articles of the Texas Constitution - An Introduction followed by 17 articles, starting with the Bill of Rights and ending with the mode of amendment. The Introduction (Preamble) - 20 words to introduce the 23,500 remaining words. (more than 85 today) Bill of Rights - Freedom of speech and the press (section 8) - Protection against unwarranted searches and seizures (section 9) Rights of the accused in criminal prosecutions (sections 10-21) A right to a speedy trial Not having to provide evidence against oneself A right to bail The obligation of the state to provide its own evidence to support charges Protection against double jeopardy (second trial for one you ve already been through)

12 A right to a trial by jury No ex post facto laws No imprisonment for debts Requirement of due process laws. - Texas bill of rights differs from the US Const. National Government: suggests a threat of secession State government: Government Favoritism *The framers reaction to perceived abuses of national and state government was reflected in the bill of rights through a series of sweeping generalizationa aimed at the perceived political dangers of the time. Powers and Organizations - Constitutions second article gave an overview of how governmental authority would be dived among 3 branches. Separation of Powers - Like the US, legislative power in Texas is in the hands of a legislature composed of 2 parts : A house and A senate. - Executive power is in the hands of a governor and other offices including a lieutenant governor, an attorney general, a comptroller, an agricultural commissioner and a land commissioner. - Judicial Power is in the hands of judges elected either statewide or from regional and local jurisdictions. * Designed to ensure that those who serve in different branches of government are selected by and accountable to different constituencies. Texas Cons. Prohibits a single individual from being the power of more than 1 branch. Legislative Branch - Deals with 3 main areas 1) Organization, apportionment or seats and qualification for office. (1-28) Include expected provisions such as specification of a bicameral legislature.

13 Number of seat in each chamber Terms of office Duration and frequency of the legislative session 2) Proceedings (29-41) No law may be passed without first having been a formal bill that goes through the processes of proposal, discussion, and approval outlines in the constitution. Bills to be referred to a committee and reported on before the general membership may consider them. 3) Powers, requirements and restrictions on powers (42-58) Legislature may raise money through taxation. (removed in 69) Public Debt (less than 5% of the 3 year average of general revenue funds) Legislatures cannot regulate local government affairs, locate or change county seats or specify election locations. Executive Branch 7 offices of the executive Branch. o Governor o Lieutenant- governor o Secretary of State o Comptroller of public accounts o Treasurer o Commissioner of general land office o Attorney general. Judicial Branch - Six Levels of courts Supreme Court in o A Court of Appeals o District Courts o County Courts o Commissioners Courts o Courts of Justices of the Peace o Other courts as may be established by law.

14 * Constitutional Courts because of the source of their authority. Education, Taxation and Revenue Education - Public Education: been a part since the 1827 Const. of Coahuila y Tejas. Statewide public education received extra attention in the 1866 Const. after the civil war Const. : funding provisions. All lands and proceeds A state board of education replaced the office of state superintendent for public instructions. The Board was in charge of managing public funds and overseeing state schools. Abolished compulsory attendance and limit spending on public education Constitution established UTexas Taxation and Revenue - Constitution established limits on taxation and spending similar to those imposed on the states school. Limits the legislatures ability to classify objects for purpose of taxation. Limits ability of them to impose local property taxes and personal income taxes. Persons engaged in mechanical or agricultural pursuits shall not be required to pay occupational tax and 250$ worth of household and kitchen furniture, belonging to each family in this states shall be exempt from taxation. Prohibits taxation of schools, religious places, nonprofit places of burial, institutions of public charity and public property used for public purposes. Governing Locally Existing and New Counties - Important topic regarding frontier state like Texas.

15 - New Counties created outside already existing counties had to be no smaller than 900 sq. miles and shaped in a square form. Allowed smaller county sizes in cases of border areas. Geographically large counties could split into smaller ones. New counties created from existing ones could be no smaller than 700 sq. miles. Local Government - Article IX covers creation of new counties and the minimal specifications of existing ones. - Article XI addresses issues related to taxation in both municipal (city of town) and county government. Amendments - Requires a two step process of proposal and ratification (approving something, giving consent) - must receive 2/3 of all members elected to each chamber of the legislature to be proposed. By had been proposed of which 474 were approved on popular vote. Amendment Chaining: Piling all amendments on an already lengthy document or the need to pass still more amendments in response to earlier amendments. - Confusion is created because voters are required to decide on numerous proposed amendments every other year (Biennial). Other Articles 1) Essential Features of any Constitution: Disposition of property under previous legal systems (Spanish and Mexican land titles) and impeachment 2) Detailed Organizational and policy specifications : education, taxation and revenue, counties,