Monday, June 19, 2023

The Governing Institutions

The American system of separated powers has three broad types of governing institutions: 

- The Legislative Power.

- The Executive Power.

- The Judicial Power.

Each corresponds to one of the three things that governments do: make laws, implement laws, and adjudicate disputes about the laws.

The constitutions of the United States and Texas each vests these powers in separate institutions in order to make the consolidation of power difficult. Each institution is also give the ability to resist efforts by the other two to usurp its powers. 

Here is more specific information about each: 

- The Legislature: an assembly with the authority to make laws for a political entity such as a country or city. . . . legislatures may observe and steer governing actions, with authority to amend the budget involved. 

- The Executive: the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. There are two aspects of executive power. The first is the chief executive, generally an elected position, which oversees the enforcement of the law. The second is the bureaucracy, which does the actual enforcement. 

- The Judiciary: the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases.

The United States Constitution: 

- Article 1: All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

- Article 2: The Executive power shall be vested in a President of the United States of America. He shall hold office during the term of four years

- Article 3The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the Congress may, from time to time, ordain and establish.

U.S. Code.


The Texas States Constitution: 

- Article 3: The Legislative power of this State shall be vested in a Senate and House of Representatives, which together shall be styled "The Legislature of the State of Texas."

- Article 4: The Executive Department of the State shall consist of a Governor, who shall be the Chief Executive Officer of the State, a Lieutenant Governor, Secretary of State, Comptroller of Public Accounts, Commissioner of the General Land Office, and Attorney General.

- Article 5: The judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided by law

Texas Statutory Code: 

- Texas Statutes: Government Code.
Governing institutions on the local are either designed or authorized by the state.

- Texas Constitution Article 9: Counties.

- Texas Constitution Article 11: Municipal Corporations.

- Texas Statutes: Local Government Code.