What is a Constitution?
- A constitution is the basic law for a sovereign nation. It varies depending upon the type of government it creates.
- It outlines the basis of governing authority. The US and Texas Constitutions are based on the authority of the people. That's what the phrase "ordained and established by the people" means.
- It outlines the structure of government. The US and Texas Constitutions separate the powers of government (the power to pass, execute, and adjudicate the law) by vesting them in three separate institutions. The separation is reinforced by a system of checks and balances which allows each institution to push back against the other two.
- It clarifies what types of powers the government has, as well as the limits of its powers.
- It clarifies the relationship it has with other levels of government.
- It determines who can participate in government, and what basic rights people have.
What is the plural executive system?
- The Texas Constitution creates a governing system with design features limits on what it can accomplish. This is a practical way to restrict the power of government. That is the purpose of the plural executive. Instead of having one official atop the executive branch, power is split between a half dozen. Each is elected separately, and has no power over the others. The only exception to this rule is the Texas Secretary of State. Look up Section 4 of the Texas Constitution for legal detail. Contrast this with the office of the president on the national level. That is a unitary office with the power to appoint all the other executive officers. This allows for
- The powers of the other two branches in Texas are also designed to be weak - or at least weaker than their national counterparts.
- The Texas Legislature only meets 140 days a year in special session. This gives it little time to develop and pass legislation. It can only be called back into special session if the governor wants to, then it is restricted to what the governor wants then to focus on. The United States Congress can meet continually for their two years sessions. The president has no power over their schedule.
- The Texas Judiciary is composed of judges voted in partisan elections for 4 or 6 year terms. This allows the general population - notably people who vote in primary elections - to control the behavior of judges. Federal courts are composed of judges who are nominated by the president, confirmed by the Senate, and then serve for life. This grants them autonomy - which translates into power.
