Locate Your State's Constitution And Examine The Major Eleme ✓ Solved

Locate your state's constitution and examine the major eleme

Locate your state's constitution and examine the major elements and articles of the constitution. Review its contents and functions. Search for information about the branches of government and the funding sources for your state government. Write a 1,050- to 1,400-word paper that addresses the following: How are the main components of government set up by your state's constitution? Which branch of your state government seems the most powerful, on paper? What evidence do you use for your choice? Does the state constitution contain a Bill of Rights? If so, what appears to be the most important feature? Format your paper consistent with APA guidelines.

Paper For Above Instructions

Introduction

This paper examines the Constitution of the State of Texas, reviewing its major elements, articles, organization of government, and fiscal foundations. I analyze how the main components of government are established by the Texas Constitution, evaluate which branch appears most powerful on paper, present evidence supporting that conclusion, and assess whether the constitution contains a Bill of Rights and which feature of that Bill of Rights appears most significant (Texas Constitution, 1876; Legislative Reference Library of Texas, 2024).

Structure and Major Articles of the Texas Constitution

The Texas Constitution (1876) is highly detailed and prescriptive, organized into articles that explicitly set out institutional structures and public policy. Broadly, the constitution begins with a declaration of principles and a Bill of Rights (Article I), then addresses distribution of power among the three branches: Article III (Legislative Department), Article IV (Executive Department), and Article V (Judicial Department). Subsequent articles regulate taxation and revenue (Articles VIII and VII), education, local government, and a range of specific topics such as homestead protections and public lands. The document’s length and level of specificity require frequent constitutional amendments to address policy changes (Texas Constitution, 1876; TSLA/TSL, 2024; Ballotpedia, 2024).

How the Main Components of Government Are Set Up

The Texas Constitution establishes a bicameral legislature (the Texas Legislature) consisting of the Senate and House of Representatives under Article III. The Legislature holds primary lawmaking, taxation, and appropriation powers; session rules, membership qualifications, and legislative procedures are set constitutionally (Legislative Reference Library of Texas, 2024). Article IV organizes a plural executive: the Governor shares significant authority with independently elected officials including the Lieutenant Governor, Attorney General, Comptroller, and Railroad Commissioners, among others. Many executive functions are therefore dispersed rather than centralized (Texas Constitution, Art. IV; Ballotpedia, 2024).

Article V structures the judiciary, specifying courts (Supreme Court for civil matters, Court of Criminal Appeals for criminal matters, intermediate appellate courts, and trial courts) and jurisdictional rules. Local governments and property taxation authority are subject to constitutional limits, and education and municipal powers are addressed in dedicated articles. The constitution also locks in particular fiscal mechanisms—such as the Permanent School Fund and homestead protections—making some policy choices constitutional rather than statutory (Texas Constitution, Arts. VII, XVI; TSHA, 2020).

Which Branch Appears Most Powerful (On Paper) and Evidence

On paper, the legislative branch appears the most powerful under the Texas Constitution. Several constitutional features support this conclusion. First, Article III vests broad lawmaking authority and explicit control over appropriation and taxation powers in the Legislature, placing fiscal initiation and authorization in legislative hands (Texas Constitution, Art. III; Legislative Reference Library of Texas, 2024). Second, although the Governor retains veto authority (including item vetoes on appropriation bills), the executive’s authority is constrained by the plural executive design: multiple statewide offices are elected independently, diluting the Governor’s unilateral control over administration and policy implementation (Ballotpedia, 2024; NCSL, 2020).

Third, the Texas Legislature’s constitutional power to define its own compensations, districts, and procedural rules (subject to federal and state constraints) and to call itself into special session (or be called by the Governor for limited agendas) amplifies its institutional reach (Legislative Reference Library of Texas, 2024). Finally, the constitution’s prescriptive nature demands legislative action or amendment for many policy adjustments, giving the Legislature recurring agenda-setting power. Scholarly commentary and state analyses note that the 1876 constitutional design intentionally limited centralized executive authority and placed considerable authority with the legislative body and locally elected officials (TSHA, 2020; NCSL, 2020).

State Funding Sources and Fiscal Functions

Texas state government funding is generated from several primary sources: state sales and use taxes (the largest single state revenue source), federal funds (a large share of the state budget comes from federal grants for health, transportation, and social services), motor vehicle and fuel taxes, oil and natural gas severance taxes, franchise and other business taxes, and fees and charges (Texas Comptroller, 2024; U.S. Census Bureau, 2022). The state’s constitution and statute law place constraints and directions on revenue allocation—for example, funding formulas for public education (supported by the Permanent School Fund), balanced-budget requirements in practice, and constitutional guarantees for particular funds (Texas Constitution, Arts. VII, VII-A; Texas Comptroller, 2024). County and local governments rely heavily on property taxes, subject to constitutional and statutory caps and procedures, which further shapes intergovernmental fiscal relationships (Texas Comptroller, 2024; U.S. Census Bureau, 2022).

Bill of Rights and Significant Features

The Texas Constitution contains a Bill of Rights in Article I. This Article affirms classical civil liberties—freedom of speech and religion, protections against unreasonable searches and seizures, due process and jury-trial guarantees, and other individual rights (Texas Constitution, Art. I). One especially notable and politically salient feature is the explicit constitutional protection of individual property and procedural safeguards, including strong protections for the right to trial by jury and limitations on state power (Texas Constitution, Art. I). Additionally, while not located within Article I, the constitution’s homestead protections (Article XVI) and restrictions on forced sale and debt collection represent uniquely strong, constitutionally entrenched property protections that have tangible importance for citizens’ economic security (Texas Constitution, Art. XVI; TSHA, 2020).

Conclusion

The Texas Constitution establishes a detailed, prescriptive framework that places substantial lawmaking and fiscal authority in the Legislature while dividing executive power across multiple elected officials. On paper, the Legislature emerges as the most powerful branch due to its constitutional control over taxation, appropriation, and lawmaking, combined with the plural executive model that limits gubernatorial dominance (Legislative Reference Library of Texas, 2024; Ballotpedia, 2024). The constitution does contain a Bill of Rights (Article I) with robust protections for individual liberties and due process, while other constitutional provisions—most notably homestead protections—stand out as uniquely important guarantees embedded elsewhere in the document (Texas Constitution, Arts. I, XVI; Texas Comptroller, 2024). Together, the structure and content of the Texas Constitution reflect a historical preference for dispersed authority and constitutionalized policy constraints, shaping legislative dominance and state fiscal practice today.

References

  • Ballotpedia. (2024). Texas Constitution. https://ballotpedia.org/Texas_Constitution
  • Legislative Reference Library of Texas. (2024). The Texas Constitution. https://lrl.texas.gov/legis/constitutions/texas/texas.cfm
  • National Conference of State Legislatures (NCSL). (2020). State constitutions and state legislators. https://www.ncsl.org/research/about-state-legislatures/state-constitutions.aspx
  • Texas Comptroller of Public Accounts. (2024). State revenue sources and state budgets. https://comptroller.texas.gov/transparency/state-finances/revenue.php
  • Texas Constitution. (1876). Constitution of the State of Texas (as amended). https://statutes.capitol.texas.gov/Docs/CN/htm/CN.HTM
  • Texas State Historical Association (TSHA). (2020). Constitution of the State of Texas. https://www.tshaonline.org/handbook/entries/constitution-of-the-state-of-texas
  • Texas State Law Library / Texas State Library and Archives Commission. (2024). The Texas constitution and amendments. https://www.tsl.texas.gov/treasures/constitution/index.html
  • Texas Tribune. (2023). How Texas government works: budgets and spending. https://www.texastribune.org/topics/government-finance/
  • U.S. Census Bureau. (2022). State and local government finances. https://www.census.gov/programs-surveys/gov-finances.html
  • Cornell Law School, Legal Information Institute (LII). (2021). State constitutions. https://www.law.cornell.edu/wex/state_constitution

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