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How Democratic Is The Government In Texas? How Good A Job Does It Do In Providing For The Public Good?

Although the United States Constitution is supposed to be added on, Texas has created its own constitution in a way that contradicts the Constitution. The constitution of Texas gives the people certain rights and particular protections that show that the state is very concerned about providing the rights to its notable citizens. The United States Constitution has its own rights, whereas the Constitution of Texas provides certain standards that make it different from the country’s constitution (Rivas, 2013). The United States Constitution is designed in a way that the structure of national government is based on some scope and limitations.

The application of the United States Constitution, its amendments, and its articles are all based on constitutional laws. However, every state of the United States is allowed to make its own constitution and its own differently designed pattern of constitutional laws. The state constitutions are quite similar to the federal constitution but define different patterns of structural legislative, executive, and judicial branches and a particular Bill of Rights. However, many state constitutions are different from the federal ones, and from the perspective of state constitutions, they are lengthy and more detailed. It mostly consists of limiting the granting power. The details do not always include the details of the constitution, but they include particular important aspects and topics that are important in the states. Federal constitutions are not the ones that are open to amendments but with a very lengthy and rigorous process. In the state constitution, amendments are quite easier than in the federal one and are more open as well. The Amendments could be performed under the pattern of legislation and that could be accepted by referendum (“State Constitutions vs. The United States Constitution”, 2018).

In the state of Texas, the democratic pattern is the most prominent one, and in that sense, its democrats believe that the government system is designed to achieve some goals that cannot be easily achievable by the individuals of the states. Texas is following the representative democracy pattern in which every citizen of the country and state has the guarantee of the inalienable right to vote on the basis of his own decision (“Texas Democratic Party Platform | Texas Democratic Party,” 2018). However, there are different elements in the political and societal spheres of Texas that go against the democratic status of the state. In this paper, these different elements will be explored, identified, and explained in detail.

Similarities And Differences Between The United States Constitution And Texas Constitution

The constitution of Texas bears similarities with the United States constitution on many bases. For example, both of the constitutions symbolize the principles and rules of an ideal democratic kind of government. In such a government, sovereignty radiates directly from the general public. Both governments possess a ‘rights bill’ that has its application in the protection of civil rights from governmental contravention. Both governments act to follow a definite system of checks and balances and individualization of powers between the judicial, executive, and legislative branches of the government (“Two Constitutions: A Comparison,” 2018).

Both governments of Texas and of the U.S. tend to establish a bicameral legislature system along with a Senate as well as a House of Representatives. In addition to that, both governments tend to favor the equal division of power and authority between the different upper and lower levels of the governmental system. However, there are some significant differences between the governmental systems of Texas that distinctly divide it from the government of the U.S. Like in Texas, the counties are subsidiary to the government of the state, whereas, in the U.S, the states are subordinate to the government on the federal level (“Two Constitutions: A Comparison,” 2018).

Not only this, but the major differences in both governments go way back in history and exist from their very origin. As in the earlier Confederacy Articles lying within the constitution of the U.S., the main problem raised from the point of government claimed to be too decentralized as well as it was not stable enough. Therefore, in the next advanced and modified version of the U.S. Constitution, more focus was put on making the government central as well as powerful from its base or core. On the contrary, the Texas constitution was designed in such a way that no attention was paid to the strength of the government and its centralization (“Two Constitutions: A Comparison,” 2018).

Both of the constitutions greatly differ from each other when it comes to the written language and length of the legislature. As in the U.S. legislature, the text is indirect and brief and does not define the functions and responsibilities of the government in a precise and direct manner. On the other hand, the text of the Texas Constitution distinctly defines the roles of government, is very detailed and long, and comprises many constitutional principles defining the authorities of the government (“Two Constitutions: A Comparison,” 2018).

The constitution of the Texas government is so direct, discrete, and detailed that it does not leave the option to its officials to deviate or stray from it in cases of public problems and accusations. On the contrary, the U.S. Constitution’s legislature consists of different bills, such as the Bill of Rights, that have further explanations of content and rules. When a unitary executive post is created in the U.S., the significant power of it is concentrated to the President, whereas in the cases of the government of Texas, the power is smoothly distributed to multiple numbers of offices being elected for it. This effectively prevents the concentration and pooling of power in one particular office or individual and creates a whole series of officials or offices sharing the control and power (“Two Constitutions: A Comparison,” 2018).

The Texas Constitution was composed to keep the development of administrative specialists and to maintain a strategic distance from the arrival of any political power that acted against the interests of the people. The U.S. Constitution has two incredible ethics: quickness and adaptability. Neither of these Excellencies could be said to portray the Texas Constitution. The distinctions are an immediate impression of the distinctions in the composers’ basic goals. The designers of the Constitution of 1876 put a bill of rights in Article I—obviously reporting the archive’s motivation was to confine legislative power. This report included numerous assurances not found in the U.S. Bill of Rights. The Texas Constitution additionally builds up a partition of forces, which is expected to constrain the forces of the three branches of government.

The Texas lawmaking body comprises the House of Representatives, with individuals serving two-year terms, and a Senate, with four-year terms. Administrative pay rates are low, and an adjusted spending plan is required. The two constitutions are comparative in that they accommodate a division of forces, balanced governance, and a bill of rights. The idea of federalism is additionally typified in both documents. The U.S. Constitution’s amusingness provision and vital and legitimate condition recognize the government constitution from its state partner.

Texas Turning Blue, Why?

The presidential elections of 2016 were considered a disaster, and the reason was the poor performance of Donald Trump in Texas. Trump defeated Hillary Clinton by only 9 percent point, which was considered a slimmer margin as compared to four years before when Romney won. The performance of Trump was poor, and the reason is that the Latino turnout rate increased. The people voted for Hillary due to several particular reasons that she appealed to educate the white color republicans. Trump achieved as a Republican candidate only due to their recent performances. The Texas constitution and the majority of people are Democratic Party supporters. The trend is inviting problematic conditions, such as the GOP’s (Republican) downfall in this scenario, which is likely to increase in the future. If this continues, then the national scenario of the GOP will also impact negatively, and it could be possible that it will screw.

Texas is considered a Lone Star state that provided the winning margin to the Electoral College in recent presidential contests. The republican districts in the state of Texas are mostly placed in the urban areas where the population lives, and if the demographic conflicts increase, it will put the GOP at risk. The shifting scenario of Texas will gain the Democratic Party, but it will also create a group that will assist the urban policy-making process. “Instead of hostility from the state legislature, whose GOP leaders in recent years have delighted in passing laws to nullify liberal policies put in place by local governments, Texas’ urban areas may soon find the state Capitol to be an ally in their efforts on transit, affordable housing, economic development, criminal justice reform, and environmental protection” (Craver, 2016).

How Dysfunctional And Unequal Is The Texas Educational System?

The educational system of Texas is facing several important and significant issues that includes several factors such as too much testing system in the schools, Higher education system has become higher education pain, higher population rate, budget crisis, investment issues, and the ripple effects.

In the scenario of too much testing, the state is facing issue due to the less time learning opportunities and high rate of less test time availability. It is not only impacting negatively to the educational system but also it is draining the time and resources of the educational pattern of the state.

The higher education is now become a higher pain for the ones who wants to complete their higher education by taking admission in the universities. The 2011 legislature spent more than billion dollars from the higher education system just with the aim to provide college education to the students. The scholarships were not provided appropriately and it will to the inflation rate in the expensive study of the college education.

The population crisis is also an important one that shows the availability and acceptability of new students in the state. According to the Texas Comptroller’s office, the State Data Center estimates that the number of public elementary and secondary school students will grow by about 900,000 between 2010 and 2040 (“Issues | Save Texas Schools”, 2018). The population growth of the state makes it the second largest state of the country which is having the highest elementary and secondary school enrolment system. The complete enrolment is approximately 9 percent of the United States total education scenario.

The budget crisis in the state is another major reason that is impacting negatively to the educational system of the state. The schools are suffering from multiple financial crises due to the loss of $27 billion just as the result of recent state budget allocation. The state does not have enough money to spend on the educational crisis and do not have any money to support the public system of education in the state. The legislators are choosing to hack more money from the education system in the form of $5.4 billion through the public educational sector of the state.

Violation Of Human Rights

Texas is considered as violating the human rights by providing extreme temperatures in the state facilities of the criminal justice system and it caused several deaths of more than 10 inmates since 2007. The summer season in the state is very hot and sweltering that the heat system goes up. In the state prisons the temperature goes so high that it is considered as the violation of human rights and it also includes the violation of US constitution ban on the cruel punishments. “It cites a Texas Department of Criminal Justice (TDCJ) temperature log that showed a heat index of at least 65C (149F) at 10:30am at a unit in Dallas on 19 July 2011” (Dart, 2014).

Texas do not only facing issues in the prisons and the human rights violation but it also facing issues in the healthcare system. The women healthcare facilities are far worse than the men facilities and it is happening from past several years. The limit access of abortion procedure applied by the law makers and applied catastrophic evaluations to violate the human rights and now many fighters of the state are fighting with this factor in return to the state’s laws implementation. The Lone Star State is now coming under several headlines that are promoting the process of family planning network and also the planned pattern of parenthood.

The harsh restrictions on the abortion are increasingly defining the pattern of objection. It is leading the way that numerous clinics are now shutting down their clinics and the conflicts is not seems towards an end. There are several other conflicts but the major one is the allegations on abortion. But the other factors include the limited access to other forms of reproductive healthcare and the regular check up system. It shows that the healthcare issues are linked with the women mostly as compare to men in the state (Culp-Ressler, 2015). The state is facing issues due to the several aspects and unavailability of healthcare facilities towards the reproductive health of women and the abortion facilities that are not adequately provided by the state to the national citizens.

Policies And Problems Of Immigration In Texas

The state of Texas is facing several issues and problems regarding the immigration process that is considerably national issue of the country. Almost less than 30 percent of people who are migrated from different countries are facing issues of deporting and the proceeding in the state, and hired lawyers to fight their cases (Cameron, 2018). The White House is working to make more deportations and less migrated citizens in the country. The measures are taken to curb the illegal immigration process that is now deeply rooted issue of the country. In Texas, the immigrants are now forced to change their immigration pattern and without taking the support of attorneys. They are also forced by the system to deport towards their own nations. In the 21st century, less than 30 percent of total immigrants who are deported to the proceedings in Texas and has some representation. The rate is low in Texas as compare to Arizona and Louisiana but still a high number of issues are taking place in the state regarding the immigration process. More than 69 percent cases of Texas are studied with a removal order and that result more issues towards the negativity and issues regarding the process.

The violation of immigration laws are the ones that are largely civil in nature, as people came from all over the world to the United States in search for freedom, liberty, better educational system, better learning opportunities, and better employment opportunities. The undocumented immigrants are the ones that are not guaranteed by the law and the accessibility to the attorneys. The advocates and the immigrant attorneys are the ones who are in the favor of the deportation options. The administration of the US President Donald Trump are now promoting the factor that the more immigrants are will be deported towards their countries as these are nothing but creating issues for the country. The most immigrants are the ones who came to US by undocumented procedures, and with the less resources so they do not have the resources to find a lawyer or have an attorney to fight for their case.

It leaves them an option to wait for the system and the government to take any actions for them. They are mostly the ones who face several hardships in the country and transferred from one facility to another and abide by the rules of the detention centers designed by the government systems. Between 2012 to 2014 more than 80 percent immigrants were deported to their own countries. The current sweeping change that is applied by the President Trump published an announcement that the immigrants will now have the opportunity to gain insights of the court system and different information pattern that is provided by the government (Cameron, 2018).

In Texas, the majority of the immigrants are always transferred from Mexico. The immigrants in the state are now approximately 17 percent of the state’s total population as one among the six citizens of the state is an immigrant. The provided details are important and showing the issues of the state migration policies and implications.

  • As of 2015, 4.7 million immigrants (foreign-born individuals) comprised 17 percent of the population (“Immigrants in Texas”, 2017).
  • Texas was home to 2.2 million women, 2.2 million men, and 317,104 children who were immigrants (“Immigrants in Texas”, 2017).
  • The top countries of origin for immigrants were Mexico (55.1 percent of immigrants), India (5 percent), El Salvador (4.3 percent), Vietnam (3.7 percent), and China (2.3 percent) (“Immigrants in Texas”, 2017).
  • In 2016, 4.1 million people in Texas (15 percent of the state’s population) were native-born Americans who had at least one immigrant parent (“Immigrants in Texas”, 2017).

Conclusion: It Is Not Democratic

There are different elements in the political and societal spheres of Texas that go against the democratic status of the state. The state is no doubt following the pattern of democracy, but in reality, it is facing issues that are going against the fact that it is a democratic government. The issues regarding the educational perspective, immigration issues, human rights violations, and issues regarding the republican scenarios are enough to determine the fact that the state is not democratic. The educational system of Texas is facing several important and significant issues, including several factors such as too much testing in the schools, higher education system becoming more painful, higher population rate, budget crisis, investment issues, and ripple effects. Moreover, the prisons of the state are violating human rights and are leading to the death of inmates from severe temperature issues. All these factors represent that the state is just having a democratic document system, but actually, it is not a democratic state.

References

Cameron, J. (2018). Immigrants in Texas are among the least likely to have a lawyer, most likely to get deported. The Texas Tribune. Retrieved 16 April 2018, from https://www.texastribune.org/2018/04/12/trump-charges-forward-immigration-enforcement-texas-detainees-are-leas/

Craver, J. (2016). Texas is turning blue fast: What will the GOP be without it? Medium. Retrieved 16 April 2018, from https://medium.com/jackcraver/texas-is-turning-blue-fast-what-will-the-gop-be-without-it-2fa46182750d

CULP-RESSLER, T. (2015). The Health Care Disaster In Texas Has Created A Human Rights Crisis. Thinkprogress.org. Retrieved 16 April 2018, from https://thinkprogress.org/the-health-care-disaster-in-texas-has-created-a-human-rights-crisis-fee177a81e77/

Dart, T. (2014). The report says that Texas prisons violate international human rights standards. The Guardian. Retrieved 16 April 2018, from https://www.theguardian.com/world/2014/apr/23/teas-prisons-international-human-rights-standard-violations

Immigrants in Texas. (2017). American Immigration Council. Retrieved 16 April 2018, from https://www.americanimmigrationcouncil.org/research/immigrants-in-texas

Issues | Save Texas Schools. (2018). Savetxschools.org. Retrieved 16 April 2018, from http://savetxschools.org/category/issues/

Rivas, A. (2013). Texas Constitution vs U.S. Constitution. prezi.com. Retrieved 16 April 2018, from https://prezi.com/86wmcrczfnav/texas-constitution-vs-us-constitution/

State Constitutions vs. The United States Constitution. (2018). Paralegaledu.org. Retrieved 16 April 2018, from https://www.paralegaledu.org/2013/01/state-constitutions-vs-the-united-states-constitution/

Texas Democratic Party Platform | Texas Democratic Party. (2018). Texas Democratic Party. Retrieved 16 April 2018, from https://www.txdemocrats.org/our-party/texas-democratic-party-platform/

Two Constitutions: A Comparison. (2018). Dlc.dcccd.edu. Retrieved 16 April 2018, from https://dlc.dcccd.edu/txgov1-2/two-constitutions-a-comparison

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