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While many people learn about the U.S. Constitution in school, few give it much thought outside of school, and even fewer give the Texas Constitution any thought at all. While the U.S. Constitution applies to the federal government with the states being subordinate, the Texas Constitution (and all state constitutions) sets in writing what the state government can and cannot do with the counties being subordinate.
While similar to the U.S Constitution, the Texas Constitution has some striking differences, many of which can make it more difficult to file constitutionally based lawsuits under Texas law. One of the most striking differences between the Texas and U.S. Constitutions is length. The U.S. Constitution is intentionally brief and vague, which allows the federal government to broadly interpret it. The Texas Constitution was written leaving little room for interpretation to ensure it cannot be interpreted in a manner inconsistent with the constitution’s ideals.
The Texas Constitution gets its length from going into great detail. While the Texas Constitution grants Texans similar rights to the U.S. Constitution, the Texas Constitution is much more specific regarding exactly when these rights are infringed upon. While it may seem like this specificity would make legal matters cut and dry, in practice it can greatly complicate things.
Filing a Lawsuit Under The Texas Constitution
There are generally two types of lawsuits filed under the Texas Constitution: facial challenges and “as applied” challenges. Facial challenges claim particular portions of the Texas Constitution are unconstitutional. In “as applied” challenges, plaintiffs argue constitutional statutes are being applied unconstitutionally in a way that discriminates against them because of their particular circumstances.
Because Texas has a very specific constitution, it can be difficult to understand whether or not a statute was applied wrongly in “as applied” challenges. Only experienced lawyers familiar with the nuances of the Texas Constitution will be able to determine if a violation has occurred and provide enough evidence to overcome the burden of proof associated with these cases.
Feldman & Feldman: Experts Constitutional Law
At Feldman & Feldman, our attorneys have extensive experience filing lawsuits under the Texas Constitution. We understand how complex these cases can be and are uniquely qualified to litigate and resolve these issues. If you believe your rights under the Texas Constitution have been infringed upon, contact us today.
Two Constitutions: A Comparison
The U.S. and Texas Constitutions have some similarities:
The two constitutions are also very different. The U.S. Constitution increases government power, because the earlier government was too decentralized and not powerful enough. The Texas Constitution limits government action.
Length and Language
The U.S. Constitution is brief and vague, which allows a broad interpretation. Specific civil liberties in the U.S. Constitution are listed in amendments known as the Bill of Rights.
The Texas Constitution is long, detailed, and lists what the government is allowed to do. When public policy challenges arise, Texas officials cannot interpret the constitution. Instead, they must amend it. The very first article of the Texas Constitution is a Bill of Rights.
The Executive Branch
The U.S. Constitution concentrates executive power in the president. The Texas Constitution creates a plural executive that shares executive power across multiple elected offices.
The Texas Constitution allows the governor to veto specific items contained within budget appropriations bills passed by the legislature. The U.S. Supreme Court argues that the line-item veto is unconstitutional because it violates the separation of powers between the legislative and executive branches.
The Legislative Branch
The U.S. Constitution does not limit tax and spending policies. The Texas Constitution lists detailed restrictions that limit what state legislators are actually allowed to write into law.
The Judicial Branch
The federal judiciary is simple and orderly, with three levels of courts – district courts, appeals courts, and the U.S. Supreme Court. All federal judges are appointed, not elected, and Supreme Court justices serve for life. In contrast, the Texas judiciary is complicated, with six types of courts, some of which overlap. Texas judges are elected to their seats.
Amendment Process
The U.S. Constitution is difficult to amend, but the document’s structure makes frequent amendments unnecessary. In contrast, the Texas Constitution is relatively easy to amend. While it is difficult to propose a constitutional amendment, once a proposal is approved by the legislature, it passes relatively simply. Amendments are frequent.
Source: Two Constitutions: A Comparison
Courtesy Dallas Learning Cloud