Individual Constitution and Systems of the State Essay Example for Free

Individual piece of music and Systems of the State judgeDuring the time when the secern of matters first declared their independence from Great Britain there was an enormous fill for a balance in power. However, the establishment of such posed to be no easy business for our fixing fathers. Originally the new states pennings foundation was based off the thirteen compound charters (Bow human beings Kearney, 2011, p56). Which was modified a short while later, as the colonies were expanded, to include the rights of Englishmen (Bowman Kearney 2011, p. 56). According to Bowman Kearney (2011), All state constitutions both distribute and constrain political power among groups and regions (p. 55). In that such provide the basic and get word components for g all overnment to allow for an even distribution of power for the three runneres, while offering protection for private rights. Constitutions represent the fundamental law of a state, superior to statutory law. Only the federal official Constitution and federal statutes take priority over state constitutions (Bowman Kearney, 2011, p. 55).Over the course of many years the states constitutions have been slowly amended to meet the involve of a growing governmental body. The current Texas constitution was created in 1876 and is composed of a preamble followed by 17 articles, to include Bill of Rights, Legislative Department, decision studyr Department, and Judicial Department (The University of Texas enlighten of fairness Tarlton truth Library Jamail bear on for heavy Research, 2013). Article I of the Texas constitution is the Bill of Rights. It is in this article that individual rights are outlined for citizens in which the government buttnot excuse under any given circumstance. Upon reading the Texas Constitution, the impression is given that religious freedom and for no man to be unjustly persecuted by the hand of the government pose to be the most important rollick detailed in the Bill of Rights.Just like the United States Constitution there are limitations to the freedoms being granted in this portion of the Texas document (The University of Texas instruct of police force Tarlton Law Library Jamail promenade for intelligent Research, 2013). In replica of the United Stated Constitution, state level constitutions are sculpted after the federal government in which it delegates power throughout three branches of government executive, legislative, and judicial (Bowman Kearney, 2011, p.27). Article III of the Texas Constitution writes the legislative department section 1 states that, The legislative power of this Stateshall be vested in a Senate and contribute of Representatives, which together shall be styled The Legislature of the State of Texas (The University of Texas School of Law Tarlton Law Library Jamail Center for Legal Research, 2013). Sections 2 through 7 details the composition of the legislative department to include the House of Representatives an d the Senate and also states the qualifications for such positions. The Senate entails thirty-one members and is prohibited to exceed such limit.The House of Representatives is comprised of 93 members until the first tryst (The University of Texas School of Law Tarlton Law Library Jamail Center for Legal Research, 2013) then it may increase by ratio not to exceed 1 representative per 15,000 inhabitants. However the numbers are to never distance 150 members. The remainder sections write the limitations of the legislature power, details processes, and conditions the expectations in regards to the conduct of each official (The University of Texas School of Law Tarlton Law Library Jamail Center for Legal Research, 2013). In the State of Texas, the Legislative Branch is granted the most powers in writing. One can find supporting evidence to the fact after a complete examination is done of this document. A conclusion can be drawn that as a result of all powers given, this branch is able to have a limited amount of regulation over the other two branches of government. Also, it is here that bills of law are passed to ensure the necessary provisions stated in other articles are upheld. The power of the executive branch is amalgamated from the status of the governor (Bowman Kearney, 2011, p. 68).Historically, the executive branch held increasingly more power and stature resulting from constitutional amendments allowing for governors to be elected by popular vote. (Bowman Kearney, 2011, p. 59). much(prenominal) unbalance in power eventually led to the people giving governors higher authority to oppose legislative bills and granted longer terms. This trend continued through the early 1800s, 1830s and 1840s however, somewhat ended during the Jacksonian Era due to the Jacksonian principle of popular elections to fill most government offices resulted in a fragmented state executive branch. (Bowman Kearney, 2011, p. 59). Within the Texas Constitution the executive bra nch powers can be found in Article IV, The Executive Department (The University of Texas School of Law Tarlton Law Library Jamail Center for Legal Research, 2013). The Executive Department must contain a governor, lieutenant-governor, secretary ofState, comptroller of public accounts, treasurer, commissioner of the land of office and attorney general (Ericson Wallace, 2010).Throughout the remainder of the article, elaboration of the rights and responsibilities of each member is outlined (The University of Texas School of Law Tarlton Law Library Jamail Center for Legal Research, 2013). The Judicial Branch power is bestowed in a exacting salute, courts of appeal, district courts, and various other courts as authorized by the states constitution. Usually the states judicial branch is mental capacityed by the state Supreme chat up who tries cases from courts of lower levels (Bowman Kearney, 2011, p.68). Article V from the Texas Constitution includes the powers of the Judicial Depa rtment to be vested in one Supreme Court, in a Court of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts and may be established by law (The University of Texas School of Law Tarlton Law Library Jamail Center for Legal Research, 2013).The head of the Supreme Court is governed by a chief justice and two associate justices. With further reading, the rules and regulations for the court justices and order of operations can be found written in the sections of this article (The University of Texas School of Law Tarlton Law Library Jamail Center for Legal Research, 2013). In conclusion, many amendments have been made to reflect the needs of a growing population all through history. Conferring with Bowman Kearney (2011), constitutional revision must be an ongoing process if the states are to cope with the changing contours of American society and stay in the caravan of innovation and change (p.70). In addit ion, meeting the need of such a vastly growing entity can be a difficult mission.Original limitations set forth by previous documents have been alter to reflect an even distribution of power and added protections for individuals. Due to the Texas constitutions length of 63,000 plus lyric poem it is seen as one of the most verbose document of other states. According to Joe E. Ericson and Ernest Wallace, Its wealth of detail causes it to tally a code of laws rather than a constitution. Its many requirements and limitations on both state and local governments make it one of the most restrictive among state constitutions (Ericson Wallace, 2010).ReferencesBowman, A. O., Kearney, R. (2001). Sate and Local Government (8th edition).Boston, MA Cengage Ericson, J. E., Wallace, E. (2010, June 12). Constitution of 1876. Retrieved April 12, 2014, from handbook of Texas Online https//www.tshaonline.org/handbook/online/articles/mhc07 The University of Texas School of Law Tarlton Law Library Jamail Center for Legal Research. (2013). Texas Constitutions 1824-1876. Retrieved April 12, 2014, from Rare Books and Special Collections http//tarlton.law.utexas.edu/constitutions/texas1876/a1 The University of Texas School of Law Tarlton Law Library Jamail Center for Legal Research. (2013). Texas Constitutions 1824-1876. Retrieved April 12, 2014, from Rare Books and Special Collections http//tarlton.law.utexas.edu/constitutions/texas1876/a5 The University of Texas School of Law Tarlton Law Library Jamail Center for Legal Research. (2013). Texas Constitutions 1824-1876. Retrieved April 12, 2014, from Rare Books and Special Collections http//tarlton.law.utexas.edu/constitutions/texas1876/a4 The University of Texas School of Law Tarlton Law Library Jamail Center for Legal Research. (2013). Texas Constitutions 1824-1876. Retrieved April 12, 2014, from Rare Books and Special Collections http//tarlton.law.utexas.edu/constitutions/texas1876/a3