Texas
Related: About this forumTexans approve 7 proposed amendments to state Constitution
AUSTIN Texas voters have ratified all seven amendments proposed to the state Constitution.
No statewide offices were up for grabs on Tuesdays ballot, and congressional and legislative elections are still a year away.
The seven amendments range from issues related to property tax exemptions for disabled veterans to reducing restrictions on Texans borrowing against equity in their homes.
Proposition 7 lets banks and credit unions offer raffles and other prizes to people opening savings accounts.
Read more: http://amarillo.com/news/texas-news/2017-11-08/texans-approve-7-proposed-amendments-state-constitution
syringis
(5,101 posts)I have not read the article. I have a general question :
I see "State Constitution". Has each state its own Constitution or its depends on the state?
I suppose those state Constitutions were existing before the states were part of the US ?
I knew some rules can differ from a state to another. Federal rules are applied everywhere, if I'm not wrong there is also local rules. But I didn't know about the state Constitution.
TexasTowelie
(111,322 posts)Yes, each state has its own constitution. The individual state constitutions have been adopted both before and after statehood. Most of the states that were in the Confederacy adopted (or were forced to adopt) new constitutions after the Civil War.
In addition, the voters in individual states can call constitutional conventions--New York rejected a call for a convention in yesterday's election. I believe that New York has a requirement that a call for a convention must appear on the ballot every 20 years. I don't know if any other state has a similar requirement.
There has been discussion about calling a constitutional convention in Texas because the constitution adopted in 1876 has had 491 amendments adopted. The purists considered the document to be cluttered and I suspect that the number of Texans that have read the entire document with all of the ratified amendments is extremely low (<1%). There might be some attorneys around that can indicate whether they read the entire document.
The processes of how the state constitutions vary in each state. Some are called based upon voter sentiment in elections, but I believe that the legislative bodies in some states can also call for a convention. The thresholds also vary to call a convention (three-fifths, two-thirds, and three-quarters are the usual guidelines) so that the conventions are relatively rare.
In the event that there is a conflict between the U.S. Constitution and a state constitution, then federal law prevails over state law.
syringis
(5,101 posts)I have a rough knowledge of your system because I had to study it. It was a part of the comparative law class. But it is long ago I can't recall if we talked about the states Constitutions.
Oversimplifying, in law, what is above prevails.
Your system is complicated due to the general history of the country.
It is probably a part of the difficulties to build a unifed social system (among other difficulties I think).
Sorry, I'm a almost childish because I'm using very simple words for a very specific field. I would have said it differently in French
TexasTowelie
(111,322 posts)that wouldn't get my face slapped.
And for what it is worth, you should read what the people in the other 49 states have to say about Louisiana law and that they have parishes rather than counties. Even the attorneys complain about Louisiana law.
I know that because Louisiana has an "hybrid" system based on the Civil Law with some Common Law influences.
Just fine to drives crazy even the more experienced lawyers.
It has many concepts from the Civil Law (the system used in many European countries) which doesn't exist in the Common Law system.
It reminds me a client whose wife is American. She didn't want to understand the systems were different and did'nt accept she had to go to a Belgian notary, the only one who has the habilitation for legal aspects when you buy a house. It is an authentic act very specific with very precise forms. A single mistake undermine the act. Fees are high because the notary is also a tax collector. the biggest part of the fees asked, is taxes (registration fees and stamp).
She almost drove me crazy, endlessly repeating her mother is public notary and didn't see why she has to pay such "indecent fees"
By the way, our rules forbid a notary to sign as official any act involving a family member or a relative.