What are the difference of Texas and US Constitution?

Answer 1

There are a number of major differences between the Federal Constitution and the Constitution of the State of Texas of 1876. The first is in each document's history. The US has had only two "Constitutions", as it were. The first being the Articles of Confederation, followed by the current Constitution. Texas, on the other hand, has had no less than seven: the Constitution of Coahuila y Tejas, the 1836 Constitution of the Republic, the and the State Constitution of 1845(annexation by the US), 1861 (secession into the CSA & Civil War), 1866 (Rejoining the Union & Presidential Reconstruction), 1869 (Congressional Reconstruction), and the current Constitution of 1876 (Post-Reconstruction).

The next is formal. The US Constitution is what's known as a "Case-law" Constitution, where the document is meant only to provide a basic structure to the government, and all decisions on meaning are to be interpreted by the Judiciary; in other words, the Federal Constitution is purposely vague, allowing the Federal government to respond to sudden crises more effectively (excepting the influence of party). The Texas Constitution, by contrast, is a "Napoleonic" Constitution, where the document is meant to provide a rigid structure for government, leaving no room for interpretation. Granted, it is nearly impossible to close all loopholes, but the Texas Constitution seeks to do so by placing the exactpowers of the government in the document. In theory, this should preserve the liberal ideals of the people and keep government out of things in which it ought not meddle.

As far as concrete differences are concerned, the two are similar in the institution of checks and balances on each of the three branches, but vastly different in the distribution of powers.

The US Constitution provides the President with the powers of being the Chief Executive (power to approve or deny legislation and make appointments), Ambassador- (primary representative to foreign powers) and Commander-in-Chief (leader of military and militia), and also the Head of State (formal representation of the government) and Government (director of the Government itself). In other words, although he doesn't have any power to legislate, he essentially runs the show. In Texas, the Governor has all the same powers as the President, except the key powers of the Head of Government, which are instead vested in the Lieutenant Governor (same as Vice President). So, in Texas, it looks like the Governor is in charge, but he really isn't. Excepting for the Lt. Governor's position as Head of Government, there is no difference between the two legislatures.

The judiciary is different, however. Under the US Constitution, there is one Supreme Court of the United States, with several lower courts, all of which are charged with settling disputes between the states and interpreting the Constitution. The Texas Constitution sets up two different court systems: the Supreme Court of the State of Texas, which handles civil disputes and the juvenile criminal code, and the Court of Criminal Appeals, both are equal in prominence and decision-making capability. To further clarify: if a county is being sued, that goes to the Supreme Court of Texas, but if a sentence in a criminal case is being appealed, that would go to the Court of Criminal Appeals.

On a final note, most positions in the US Government outside of the President and Congress are appointed by the President, confirmed by the Senate. In Texas, only the Governor's and Lt. Governor's aides and some cabinet positions are appointed, all other positions are elected, including that of the State Attorney General, Comptroller of Public Accounts (basically, the State Accountant and Tax Assessor), and Railroad Commissioner (who controls and regulates the state's land and mineral resources).

Answer 2

Similarities: Both contain Bill of Rights, Separation of Powers, Bicameral Legislature

Differences: ?

Answer 3

well you see the Texas Constitution is for Texas whereas the U.S. Constitution is for the United States