Constitutions in the US
In the US, there are two common types of constitutions applicable to the jurisdictions. The US Constitution details the powers of the federal government and the separation of powers in the federal administration. The constitution also establishes the rights guaranteed to every citizen of the US regardless of the residential state. The second source of laws is the state constitution. Since each state in the US is independent, state constitution laws apply to the specific state. For instance, the Texas constitution laws cannot be applied in Pennsylvania. However, state laws must reflect the federal constitution because it is the final law in the land. This paper examines the essentiality of the Texas constitution in comparison with the US constitution.
Texas and US constitutions are similar in many ways. First, they both consider the application of the democratic type of government, whereby the citizens of each jurisdiction rule through representation models. Second, both constitutions have a bill of rights that restrict the government from using power to oppress the citizens as well as how people should interact in society. Lastly, they contain checks and balance systems achieved through the separation of powers between the legislature, judiciary and executive.
Despite these similarities, there are various reasons which make it necessary to have the Texas constitution. First, the US constitution is brief and vague, allowing the federal government to interpret it broadly. Broad interpretations of l are, in most instances, challenging when solving issues related to the violation of the laws. For example, in the US, many crimes happened under similar circumstances but were ruled out differently. The Texas constitution is long, specific and detailed, thus limiting broad interpretation of the law. Thew broad interpretation of the law is highly associated with unfairness during trials as cases may be decided differently within the constitutional context. For instance, the Texas constitution gives a detailed Bill of Rights, which is more comprehensive compared to the US constitution.
Second, the state of Texas needs its constitution because it is an independent jurisdiction with different issues compared to other countries. Historically, each state in the US gained sovereignty in different periods, and thus they had different needs. Texas’ requirements are much different from the demands of Pennsylvania, and therefore, the federal constitution cannot be useful in solving the specified problems of both states. This can be explained by the numerous amendments of the Texas constitution to fit the needs of the Texan people. For instance, the Texan constitution guarantees every school district funding through two systems, local property taxes and the state.
The Texas constitution differs significantly from federal law. As a result, it affects our lives differently from the federal structure. The US constitution gives the autonomy of the state, and thus, each state is responsible for making an effective constitution. For instance, the powers of the Texas governor differ with the US president’s powers though they are the two jurisdictions. While the US president has the freedom to pardon criminals convicted in federal courts, the Texas governor can only pardon criminals recommended by the Texas Board of Pardons and Paroles. Second, the constitution of Texas is considered as the primary law in the state, and thus Texans must be informed on the state constitution to ensure that they do not act contrary to it.