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Essay / Texas State Constitution: Gaps and Solutions to a Number of Important Issues
Table of ContentsHistorical Background and Purpose of the Texas State ConstitutionThe Issue of Population GrowthConclusionThere are a variety of purposes for a state constitution. The central objective is to characterize the principles of society and states. It also recommends policy objectives for the benefit of citizens. They do this by mapping out the specific foundations that individuals will use to achieve their goals and by specifying who can participate in political decisions and who can be elected to public office. It also describes the alliance between the government and the governed and sets restrictions on what a group can and cannot do. Furthermore, the constitution could solve any problem through institutional arrangements. Finally, it describes the structure of state and local governments and outlines its powers and limitations. A well-constructed constitution should be brief, provide general principles and an essential governmental structure, and contribute to orderly change. In this case, the Texas Constitution of 1876 does not serve the purpose of a state constitution for the following reasons. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get the original essay Historical Background and Purpose of the Texas State Constitution The 1876 Texas Constitution is loaded with unnecessary and confusing detail at over 9,000 pages. It also required frequent modifications to meet a certain criterion. Additionally, it has been edited over 491 times. When it was drafted, it was constitutional legislation rather than a general principle, reflecting distrust of government throughout Texas. The current Texas Constitution was ratified in February 1876. It has many strengths as well as weaknesses and revisions have been made. The Texas Constitution of 1876 was criticized for the inequitable public education system. The public school system is decentralized, meaning that local officials have been given primary responsibility for overseeing public education, leading to inequities. Another weakness of the Constitution is that it cannot be easily adapted to the changing needs of the state; it therefore requires a balanced public budget. Surprisingly, the Constitution has been used to slow democratic development in Texas. This was done by restricting the individual rights of African Americans and other groups to participate in elections. Additionally, the constitution contains more additional details with over 9,000 pages. Constitutional amendments have sometimes been approved to correct the constitution, but problems remain. Another very important criticism is that the various restrictions and prohibitions contained in the constitution require significant amendments to enable the state government to adapt to changes, including social, economic and political changes. However, the constitution is not only full of criticism and weaknesses: it has over the years allowed the state government to respond to political needs. Groups have attempted to protect their interests through constitutional amendments, but have failed. In summary, this process has modernized the document, although some structural issues in state government require significant changes. The reason is that voters rejected any proposed constitutional amendments, so voter turnout in the elections was very low. A quote from the textwhich supports my contention is that "a minority of legislators – referred to as "cockroaches" by convention chairman Daniel – did not want a new constitution and attempted to delay or obstruct the work of the convention at each occasion ". The historical reasons for the composition of the current constitution are that it was chosen at the end of Reconstruction and amended several times since. It included limitations on elections and civil rights that were denied. Furthermore, this constitution was composed to impose strict limitations on the powers of the governor, legislature and other state authorities. The Texas Constitution is a good example of how limits can be placed on the power of a state government because it includes all three branches of Texas government, legislative, executive, and judicial. Therefore, a system called checks and balances was created so that no branch could prevail or become too powerful. The legislative branch has a 150-member House of Representatives and a 31-member Senate, they meet every two years in unusual years and hold important meetings that can only be called by the governor. In contrast, executive power is a system in which an elected governor shares authority with independently chosen officials. In Texas, the plural executive system is used, which places strict limits on the power of the governor. Finally, in the judicial field, almost all judges are elected with limited jurisdiction at the county level. In addition to this, Texas has two courts, the first is the Supreme Court, which handles civil cases, and the last is the Court of Criminal Appeals, which handles criminal cases. regional governments, such as federal, denominational and unitary. Interestingly, each of the fundamental systems was used in the United States at different times. The unitary system gives the national government the power to create and impose restrictions on local or regional governments. In Texas, the unitary system is used to describe the association between state and local governments. In contrast, the confederal system relies on individual states retaining sovereignty and the authority of the national government is limited. This fundamental system predated the Constitution of 1789 and was applied in the United States. The U.S. Constitution makes the most use of the federal system because it balances power and sovereignty between the national and state governments. They also gain authority from the people. A political scientist might argue that a federal system is part of the checks and balances put in place by those who wrote the U.S. Constitution, because in the federal system, the national government and state governments have separate powers and responsibilities. To this day, we are still trying to define federalism because the relationships between federal, state, and local governments keep changing. Interestingly, there is a nickname for dual federalism: “layer cake” and it is a metaphor for intergovernmental relations theory. It was given this nickname because in the 19th century, from 1790 to the 1930s, there was a concept in which the powers of the national government and that of the states were distinguished by limited, overlapping tasks. Metaphorically, the layer cake illustrates that authorities and programs are divided into pieces among the federal, state, and local levels of government. By the way, one of the federal grants is the Categorical Aid Grant, this is federal money that can only be spent oncertain services. Additionally, this is where the bulk of federal aid to state and local governments resides. There are two types of categorical grants, one of them is project grant. It submits proposals from state and local governments to federal agencies and competes with others for funds. There are many grant programs ranging from one area to another, such as airport construction or youth programs. The formula grant is the other categorical grant, it is intended for states and local governments based on certain conditions, such as income levels or population of the state. Medicaid is an example. Congress determines the specific conditions that individuals must meet to receive such a service. It is also important to note that many of these federal grants require matching funds. One of the reasons is that it encourages state and local governments to focus on their programs. On the contrary, block grants are completely different from categorical grants. In fact, President Nixon wanted to reduce the role of the federal government and therefore grouped them together in the form of block grants. Block grants are broader and give states and local governments more freedom with funds. The last federal subsidy proposed by President Nixon was revenue sharing, under which state and local governments accepted federal aid that could be used for any purpose. Additionally, county government is extremely divided with administrative powers unified by many select officials, such as the county. the judge, the four commissioners, the district and county clerks, the tax assessor-collector, the sheriff and the police officers. The County Commissioner's Court is the primary administrative body and has many responsibilities. He shares administrative duties with other independent elected officials, some of whom are responsible for setting tax rates and approving county spending. Additionally, the County Commissioner's Court has four elected commissioners and one county judge elected to a four-year term. A county judge's responsibilities are to run the commissioner's court, it is necessary for him or her to participate in court discussions and vote on issues. They have certain legal responsibilities, but they are not required to be a lawyer. Additionally, a county clerk maintains records and important information, such as birth and death certificates and documents related to real estate transactions. On the other hand, a district clerk maintains court documents and records. A county attorney serves as a prosecutor for minor criminal offenses such as misdemeanors in county courts. They can also provide legitimate guidance to open authorities. In contrast, the district attorney prosecutes more serious crimes, such as misdemeanors, in district courts. The tax assessor-collector collects property taxes and other state taxes and fees. They are also responsible for appraising the property or determining its value. Sheriffs have nationwide authority and most of them are very discreet when hiring, promoting and firing workers. They act as administrative agents of the district and county courts. The essential function of gendarmes is to act as administrative agents of the courts of justices of the peace. However, they also have other duties such as patrolling their areas, arresting people and conducting investigationscriminals. The statement "The counties of Texas serve as the administrative arm of the state" means assisting the community by issuing birth certificates, death certificates, documents related to real estate transactions, marriage licenses and various other licenses required by the state law. The state constitution gives the legislature the ability to create, abolish or amend counties. It also imposes specific requirements such as its size and the proximity of its boundaries to the capital of the county from which it is created. Therefore, the state constitution and legislature are responsible for county government. Home rule cities can implement any type of government residents choose if it does not interfere with the state constitution. Unfortunately, in Texas, county governments do not have the basic legislative authority necessary to enact ordinances. This affects county operations because they are only allowed to operate when granted by the state. The population of Texas has grown significantly and continues to do so. Unfortunately, there are not many Native American tribes due to the mix of government and state policies of Mirabeau B. Lamar who wanted to exterminate them. There are only three tribes left living in Texas, the Alabama-Coushatta, Tigua, and Kickapoo, which make up 1% of the state's total population. Additionally, the Kickapoos opened a restricted casino in Eagle Pass, but the Alabama-Coushatta and Tigua were denied the privilege of operating casinos on their reservations in 2015. In the 1820s and 1830s, Hispanics became a small minority of the population of Texas due to the rapid increase in Anglo-Saxon immigration. The Hispanic population had fallen to 4 percent by 1887. However, it then began to increase to 12 percent, then to 18 percent, until reaching 25 percent in 1990. Hispanics continue to grow significantly significant at a rapid rate, making them the second largest demographic group in Texas. The question of population growthIn 2014, their state's population increased by up to 38.6 percent. Surprisingly, by 2042, the Hispanic population rate is predicted to reach 50 percent. Currently, 8 Hispanics have been appointed to serve in statewide office. In another note, African Americans landed in Texas as slaves; Even though slavery ended with the Civil War, they still witness a long history of political and economic discrimination. In the post-civil rights era, the African American population increased due to cotton farming and the slave system. But this figure fell to 30 percent after the war and stopped at 12 percent in the 1960s. Moreover, this percentage was also the same as that recorded by the 2010 census for that year. In the 2020 census, African Americans are projected to make up 11 percent and 12 percent of the state's population. Finally, the largest demographic group is the Anglo-Saxons. Anglos from Tennessee, Kentucky, Arkansas, and North Carolina moved to Texas in the early 19th century and established the individualist subculture. In 2014, the population of Anglos was 43.4 percent, and even as their development continues to expand, their share of the absolute population will continue to decline. The composition of the state's population has transformed significantly since the 1860s. Lately, some of these wealth and income differences have become more visible among Texas' different racial groups. Indeed, Hispanics and African-Americans encounter the lowest,.