1. Texas Constitution I
GOVT 2306, Unit 3

2. Texas Constitution
A constitution is the fundamental law by which a state or nation is organized and governed.
Each state has a state constitution in addition to the United States having a national constitution.

3. Question
The federal courts, specifically the U.S. Supreme Court, would determine if the documents were in conflict.
The U.S. Constitution takes precedence because it is the supreme law of the land.
Suppose there is an apparent conflict between the provisions of a state constitution and the U.S. Constitution.
Who or what would determine if the two documents actually conflicted with one another?
Which would take precedence over the other, the U.S. Constitution or the state constitution? Why?

4. State and National Documents
Similarities
Separation of Powers
Checks and Balances
All Bicameral but Nebraska
What is separation of powers?

5. Separation of Powers
Separation of powers is the division of power among the legislative, executive, and judicial branches of government.

6. Legislative Branches U.S. National Government Texas State Government
What do we call the legislative branch of U.S. national government? Congress Is Congress bicameral or unicameral? Bicameral What do we call the two chambers? U.S. House and U.S. Senate
What do we call the legislative branch of Texas state government? Texas legislature Is the legislature bicameral or unicameral? Bicameral What do we call the two chambers? Texas House and Texas Senate

7. Executive Branches U.S. National Government Texas State Government
What official heads the executive branch of U.S. national government? President Who holds that position today? Barack Obama Are there other elected officials in the executive branch? Only the vice president
What official heads the executive branch of Texas state government? Governor Who holds that position today? Greg Abbott Are there other elected officials in the executive branch? Yes, lots of them

8. Plural Executive
The division of executive power among several elected officials.
What affect does the plural executive have on the power of the governor? Does it make the governor stronger or weaker?
The governor is forced to share power with other elected officials who are not accountable to him or her.

9. Judicial Branches U.S. National Government Texas State Government
What court heads the federal judicial system? U.S. Supreme Court How are federal judges chosen? They are appointed by the president pending confirmation by the U.S. Senate to serve for life with good behavior.
What court heads the Texas judicial system? Texas Supreme Court and the Texas Court of Criminal Appeals How are Texas judges chosen? They are elected by the voters to serve terms of four or six years.
Would you expect federal judges or Texas judges to be more powerful?
Federal judges because they serve life terms.

10. Checks and Balances
Checks and balances is the overlapping of the powers of the branches of government designed to ensure that public officials limit the authority of one another.
This figure illustrates checks and balances at the national level. It does not necessarily parallel the Texas system.

11. Direct Democracy
About half the states (but not Texas) provide for initiative. Citizen signatures qualify an issue for the ballot where it can be adopted by popular vote.

12. Compared with the U.S. Constitution . . .
State constitutions sometimes revised and replaced.
State constitutions are more frequently amended.
State constitutions are longer.
State constitutions are generally more detailed with items that might better be included in statutory law.

13. Quiz
The division of political power among the legislative, executive, and judicial branches of government is know by which of the following terms?
Separation of powers
Federalism
Bicameralism
Checks and balances
The answer is A.

14. What You Have Learned What is a Constitution?
How are state constitutions and the U.S. Constitution similar?
What are the branches of Texas state government and who heads them?
How do state constitutions typically differ from the U.S. Constitution?
How do some state constitutions provide for direct democracy?