Lecture 9: US vs Texas Constitutions

GOVT 2306: US and Texas Constitution and Politics

Instructor: Tom Hanna

2026-09-23

Today

Why Texas puts rights first and structure later
“Two articles behind” as a design pattern
Why the Texas Constitution is so much longer
Core differences in the three branches

Why This Matters

By the end of today you will explain why the Texas Constitution puts rights first and structure two articles “behind” the U.S. model, why its length reflects residual state power under federalism, and how the plural executive and dual high courts differ from the national design.

Historical Opening

Suspicion of central power

Abstract educational illustration of historical pathways leading toward limits on central power

Historical pathways to limited government in Texas

Four rebellions in living memory

Mexican independence
American Revolution (indirect inheritance)
Texas Revolution
Civil War and Reconstruction

1876

Even more suspicious of concentrated power than the U.S. Founders

Rights of the people

Written in the language of rights of “the people” — language we now apply far more equally than in 1876

Rights First

Rights first vs powers first

U.S. powers first versus Texas rights first

U.S. pattern

Articles I–III: grant and structure power
Bill of Rights: added later as amendments

Texas pattern

Article I: Bill of Rights — limitations first
Then structure of government

Two Articles Behind

The map

Side-by-side outline showing Texas legislative, executive, and judicial articles two numbers behind the U.S. equivalents because Texas Article I is the Bill of Rights

Side-by-side article maps of U.S. and Texas Constitutions

Why the lag?

Because Texas put the Bill of Rights in Article I

Matching table

U.S.	Texas
Article I — Legislature	Article III — Legislature
Article II — Executive	Article IV — Executive
Article III — Judiciary	Article V — Judiciary

Texas Article I = Bill of Rights
Texas Article II = powers of government / separation

Size and Federalism

Pamphlet and book

Visual comparison of a thin U.S. Constitution pamphlet next to a much thicker Texas Constitution volume

U.S. Constitution as thin pamphlet beside thick Texas Constitution

Rough scale

Texas Constitution ≈ 20× the length of the U.S. Constitution

Why so long?

Most governing power was left to the states — so state constitutions do the detailed work

Federal design

U.S. Constitution: few enumerated powers
10th Amendment: the rest reserved to the states or the people
A long state constitution is the normal counterpart of a short federal one

Extra-constitutional federal action

Much of what the modern federal government does sits outside clear enumeration — education is the cleanest example

Legislature

Two articles behind

U.S. Article I → Texas Article III

Core differences

Biennial sessions
Regular session limited to 140 days
Low legislative pay
Comptroller must certify available revenue

Design intent

A part-time, constrained legislature — harder to expand government casually

Executive

Two articles behind

U.S. Article II → Texas Article IV

Unitary vs plural

Side-by-side diagram of the U.S. unitary presidency versus the Texas plural executive with six independently elected offices

U.S. unitary executive beside Texas plural executive

Plural executive (Article IV)

Governor
Lieutenant Governor
Attorney General
Comptroller of Public Accounts
Commissioner of the General Land Office
Commissioner of Agriculture

Also elected (outside Article IV)

Railroad Commission (oil and gas — not railroads)

Design intent

No single elected executive holds the whole executive power

Judiciary

Two articles behind

U.S. Article III → Texas Article V

Unitary vs dual high courts

U.S. single Supreme Court beside Texas dual high courts

Dual high courts

Supreme Court of Texas — civil
Court of Criminal Appeals — criminal

Selection and tenure

Texas: elected judges, fixed terms
U.S.: appointed, life tenure during good behavior

Texas-Specific Principles

Examples of detailed state policy in the constitution

Homestead protection
No state personal income tax

Why in the constitution?

Harder to change than ordinary statute — another limit on government

So What

Pattern

Rights first
Structure two articles behind the U.S. model
Length = residual state power under federalism
Branches designed to fragment and constrain power

Test yourself

Why does the Texas Constitution lag two articles behind the U.S. on legislature, executive, and judiciary?

Next class (September 28 / 29): Better Angels of Our Nature

Reminders

Nothing due this week beyond staying current on Top Hat and Module work

Authorship and License

Do not submit to Quizlet, Chegg, Coursehero, or similar commercial sites.

Author	Tom Hanna
Website	tomhanna.me
License	CC BY-NC-SA 4.0