The United States of America was formed through struggles and the want for liberties of its people. For its people to have these liberties, the original colonies created a central government in the form of the constitution. However, the constitution was immensely broad when it came to certain topics. States began to create their own constitutions. These constitutions followed the federal standards set by the United States constitution, yet made different situations in each state clearer and gave specific instructions for certain situations. As times change with the generations, these constitutions are often updated. However, Texas has one of the longest constitutions, which has remained the same since 1876. The current argument surrounding the constitution is whether it is up to date with its amendments or if it should be rewritten.
The United States Constitution begins with the simple phrase “We the People”. Yet, with three simple words, the ideology it stands for has shaped the entire country (O’Connor et al., 2011). The short phrase signifies that the document, and thus, the government, is based upon the people themselves. The Constitution reflects the culture and ideologies of its citizens. Similarly, state constitutions reflect the people, albeit in a more specific locality. The key differences between the United States Constitution and that of local states are due to the distinctions between the scope and characteristics of the people they govern.
Each state has their own specific unique laws established individually for their state. In conjunction with those laws that exist over the people in their specific state there are also federal laws that govern the states as well as the people who live in them. These laws that govern the people are known as state laws and federal laws. The U.S. Constitution is the supreme law of the land in the United States. “It creates a federal system of government in which power is shared between the federal government and the state governments. Due to federalism, both the federal government and each of the state governments have their own court systems (Comparing
In the United States Constitution it is stated that “No single section of the constitution deals with federalism. Instead, the provisions dividing power between the states and the national government appear throughout the constitution. Most of the constitution is concerned with establishing the powers of the national government. National power is also based on the supremacy clause of article VI, which says that the constitution and laws made in accordance with it are “the supreme law of the land”. This means that when national and state laws conflict, the national laws will be followed. Article I, section 9 limits the power of the national government over individuals. The tenth amendment the constitution also limits the state powers in Article I, section10 and denies the states certain powers” (Keeping the
Generally speaking, State constitutions perform different functions (generally limit plenary powers rather than grant enumerated powers), have different origins (from the people
The United States government system is very interesting and complexly designed. The state and federal government is a mirror of each other when it comes to the generics of the executive branch, legislative branch, and judicial branch, however, internally the state government has major differences on how the branches are conducted. Throughout this paper we will discuss the greatest difference between state and federal, which is the state cannot change or remove laws passed by the federal government but they could change how they execute the federal laws to their liking as long as it is constitutional.
“The United States Constitution is the oldest written national constitution still in use” (Confederation and the Constitution, pg. 71). After more than 200 years, the Constitution is still changing to support the next generations needs. This “living document” has many different reasons that allow it to “fit in” with the new generations.
The Constitution is the framework of America’s government as well as the supreme law of the United States. It was written and signed during the Philadelphia Convention on September 17, 1787. In the Constitution there are various amendments that outline the powers and duties of the government, the state’s rights, and the rights of the people, and the process of amending and ratifying the document (Sidlow, Henschen 26). Even though there have been new laws issued by the government, they have failed to be successfully passed as an amendment. Proposing and ratifying an amendment is not an easy or short process. The difficulty of amending the Constitution is due to the various steps before the ratification of an amendment.
The Constitution defines the separation of branches, accounts for checks and balances and division of power, and includes a Bill of Rights designed to protect individual rights from the Federal Government. Interestingly enough, the protection of individual rights were excluded from the United States Constitution originally, and only added later (Bowers. 1993). While having an extremely thorough and detailed Constitution has its benefits, it also leaves room for many different types of interpretations. The Judicial Branch court systems is a specific example of a detailed Constitution being constantly interpreted. Unlike the United States Constitution, the Nevada Constitution tends to be more specific regarding limitations on the powers of the state. Since state constitutions tend to be longer and thus more specific, judges have less room for interpretation as the state constitution, even in conformity with the United States Constitution, is more defined resulting from State Constitutions needing to cover more functions pertaining to state issues.
Until the ratification of the Eighteenth Amendment, the Constitution of the United States had retained a certain character which properly belonged to the fundamental form of law of the Republic at the time of its creation. The matters with which it dealt were simply three types. State sovereignty, through the division of powers between the Federal and the State governments, the inalienable rights of the American citizens and the structure of the Federal government itself. These were areas that it was felt by the framers to be of the utmost importance and should be safeguarded from the uncertainty of the majority whim of the time. They believed that there should be no room for doubt in regards to the limits of Federal
If an issue raises between states Articles states to use the system of negotiation. Now the federal court deals with state to state issues. With passing laws before the Constitution, the Articles wanted 9/13 to pass any law. After it states 50%+1 of both of the houses plus the president needs to sign it. Also in the Articles term limit for legislative office is no more than three out of every six years. In the constitution there isn’t a term limit. The Chair of legislature is the president according to the Articles but in the constitution, the speaker of the House of Representatives, Vice President of the Senate.
“Humbly invoking the blessing of Almighty God, the people of the State of Texas do ordain and establish this Constitution”—those are the opening words of the great Texas Constitution with which Texans authorize the state government to govern them. In history, whenever it becomes necessary and proper for a central power, either at the local or national level, to be ordained to govern a mass population a constitution is regarded as an emphatic “pre-requisite to statehood” (Tushnet, 1) . For centuries constitutions have been drafted by nations all over the world functioning as a social contract between the government and the governed and as a supreme law by which everyone within the nation’s borders would have to answer to. Constitutions not only
Each state within the United States of America (USA) has its own unique judicial selection process within its court system. The judicial processes vary from court to court depending on a particular state. This paper analyses these processes, the qualifications for selecting the judges and the steps for removing judges from office, as it applies in the USA states of New York and Texas.
Before 1973 Alabama’s judicial system had one of the worst reputations in the United States and a disregard for the law. Courts would have backed up dockets, and cases that would take years to be heard. Lawyers complained about having difficulty trying cases outside their county due to the lack of a judicial code. Alabama is known for non-Alabamians coming to Alabama for a “quickie divorce”. Even though Governor O’Neal sought reformation, Howell Heflin was the one that made this possible. He organized the Citizens’ Conference on Alabama Courts in 1966 that consists of coalition of businessmen, lawyers, minorities, and many others. Conservative planters and industrialist that ruled the legislature and controlled the judicial rules controlled the judicial branch. The Citizens Conference made judiciary reformation possible by forming a judicial code, changing the way of selecting judges, and influencing leaders and citizens
Throughout the history of this nation, the Constitution, from the formation to the execution thereof, has set forth the precedent for the demonstration of excessive federal power that is clearly illustrated by history and modern America. Sufficient documentation to back up this premise includes primary documents such as James Madison’s Federalist No. 10, the Constitution of the United States, and other historical pieces. Ample consideration should be given to the paramount decisions of America’s elected officials in critical moments as well in the very construction of the American system of government that favors federalism.