The Texas
Constitution
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Why the Texas Constitution
Matters
• The Texas Constitution is the legal framework within which the government works
• Rights guaranteed in the Texas Constitution go beyond those of the U.S. Constitution
• The length and detail of the Texas Constitution make the amendment process central to the political process

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The Role of a State
Constitution
• State constitutions perform a number of important functions
– Establish political institutions and explain the source of their power and authority
– Delegate powers to particular institutions and individuals and define how they are to be used
– Protect against the concentration of political power in one institution or individual
– Define the limits of political power

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The Role of a State
Constitution: Influence of
U.S. Constitution
• Texas’s constitution is heavily influenced by the
U.S. Constitution
– Political power is derived from the people
– Both constitutions feature a separation of powers
• Legislative, executive, and judicial branches
– A system of checks and balances limits the powers of each branch, as a way to protect against tyranny
– Certain individual rights must not be violated

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The Role of a State
Constitution: How U.S.
Constitution Is Different
• The idea of federalism is also embodied in the constitutions of the U.S. and Texas
• Important differences distinguish the two
– Supremacy clause: the U.S. Constitution and federal laws are the supreme law of the land
– Necessary and proper clause: the federal government has all the authority it needs to carry out its powers

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The First Texas Constitutions
• Six different constitutions governed the state prior to the current constitution
• Each reflects different national priorities, different issues of the time, and the different values of the writers

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