This submission seeks to compare and contrast the states of Texas and Oregon in the United States. The comparison and contrast will not be generally on all respects but will be guided by six thematic areas. These thematic areas on which this submission will be based include the political culture of the two states, the constitutions of both states, the legislatures of the two states, the executives of the two states and the judiciaries of the two states with particular emphasis on the differences if any in the process of selecting judges and the court system. The submission will also highlight issues that are common to both states and the approach that both states adopted in tackling these issues.
Political culture refers to beliefs, behavioural habits and values that are common to people within particular geographical boundaries with regard to matters to do with governance and politics. In this submission, the geographical boundaries that are of interest are the states of Texas and Oregon. Oregon can be termed as a largely democratic state. This is because both of its Senators were elected on Democratic Party tickets. Furthermore, of the five representatives that represent Oregon in the House of Representatives, four were elected on Democratic Party tickets. In terms of political party affiliation, about forty percent of registered voters in the state of Oregon identify with the Democratic Party while about thirty two percent identify with the Republican Party. A significant percentage of about twenty three percent of the registered voters do not subscribe to the ideals of either of the two dominant parties in the United States or any other party for that matter. Oregon is a largely conservative state as about thirty four percent of the population has been termed as being conservative. At about twenty seven percent, Oregon also has a significant percentage of liberals. It is instructive to note that about forty one percent of people who live in Oregon are classified as moderates. Unlike the state of Oregon, Texas is largely a Republican State. Indeed, it is officials who were elected on the Republican Party Ticket who control most of the state offices in Texas. The Republican Party also controls both houses of the legislature of the state. A majority of the members who represent Texas in the House of Representatives also come from the Republican Party. With a population of about twenty six million as per the 2010 census, Texas is the second most populous state in the United States. A breakdown of the population of Texas by race reveals that the whites make up about eight four percent of the population, Blacks make up about twelve percent, Asians make up about four percent while others make up about two percent. The political culture of Texas can be termed as being largely conservative as far as politics is concerned but with a strong bias for economic liberalism. Texans prefer as little interference as possible by the state in matters touching on economic well-being. On the contrary, they prefer self-reliance as the avenue to economic empowerment.
Like all the other states that exist in the United States, both the States of Texas and Oregon have their own state constitutions. A constitution is document that among other things, generally defines the structure and functions of a government. It has also been defined as a contract between the governing and the governed specifying how matters of governance are to be undertaken within particular specified geographical boundaries. The current constitution of the state of Texas came into effect in February 15, 1876. From the time of its adoption in 1876 up to November 2011, the Texas constitution has been amended about one hundred times. In the same time period, the proposed amendments to the Texas constitution were approximately over seven hundred with only about one hundred of these being approved. These amendments have made the Texas constitution to be one of the longest constitutions in the United States as far as the length of constitutions of states is concerned. It is essential to highlight the fact the Texas constitution is highly restrictive as it limits governmental actions to strictly what it explicitly provides for. Unlike the Federal Constitution, it has no Necessary and Proper Clause or its equivalent. The constitution of the state of Oregon was originally enacted in 1857, approximately twenty years before the constitution of Texas came into effect. The current state constitution of Oregon is comprised of eighteen sections. It is instructive to note that compared to the federal constitution and even the state constitution of Texas, amending the constitution in the state of Oregon is much easier than amending the Federal constitution or even the constitution of Texas. While amending the Federal constitution requires a two thirds majority in the House of Representatives, amending the constitution of the state of Oregon only requires a simple majority in the state legislature. It is also essential to highlight the fact that the Oregon Constitution provides for a robust right to free speech. Indeed, this right is even much broader than the right to free speech that is provided in the Federal Constitution.
The governments of both Oregon and Texas are divided into three branches. Each government is comprised of the Executive, the Legislature and the Judiciary. This section will focus on the differences if any that exist between the executive structures of the governments of Texas and Oregon. In both states, the governor heads the executive branch of the government. However, Texas has a plural executive branch system which serves to constrain the power of the governor. Just like the governor, all the executive officers of the state of Texas with an exception of the Secretary of State are elected rather than appointed. As a result of these, they are directly answerable to the people rather than to the governor. The executive branch of the government of Texas is made up of eleven members each performing a distinct function. Unlike Texas which has a plural executive system, members of the executive branch of government in Oregon are appointed by the governor and thus are directly answerable to the governor who is in return answerable to the people of the state of Oregon. The executive branch of the government of Oregon is also much smaller than the Executive branch of the government of Texas. This is because it is only made up of seven members as compared to that of Oregon which is comprised of eleven members. The powers of the executive differ in the two states due to the fact that in the state of Texas, all the members of the executive with an exception of the Secretary of State draw their power directly from the people through elections. However, in Oregon, the members of the executive with an exception of the governor draw their power through gubernatorial appointment rather than through direct election by the people.
This section will highlight the differences that exist between the court system in Texas and the court system in Oregon. Apart from Oklahoma, Texas is the only other state in the United States that has a bifurcated system of appeal at the highest level. Appeals that involve criminal matters are handled by the Texas Court of Criminal Appeals while appeals that involve civil matters are handled by the Texas Supreme Court. Below the Supreme Court and the Court of Criminal Appeals are the Texas Court of Appeals followed by the District Courts then the probate courts in a descending order. Below these are the Probate Courts followed by the County Courts and then the Municipal Courts. The Justice of the Peace courts are the lowest courts in Texas. Unlike the state of Texas, the state of Oregon has a four tier court structure. The top most court is the Oregon Supreme Court which unlike the Texas Supreme Court, deals with both civil and criminal appeals. Below the Supreme Court are the Oregon Court of Appeals, Tax Courts and Circuit Courts in descending order. There are also differences in the way in which judges are elected into office in the two states. In Texas, all judges except most municipal judges are elected in partial elections by the voters of the regions they serve. However in Oregon, judges are elected to serve six year terms in impartial and non-partisan elections by the registered voters in the state. The candidates who record the highest and second highest number of votes are then subject to a general election with the winner subsequently becoming a judge. Where a vacancy occurs in the office of a judge in any court in Oregon, the Oregon Constitution empowers the governor to appoint a person to occupy that office. Such person must then run for office in the subsequent general election.
Both the legislatures of Texas and Oregon are bicameral. The legislature of Texas is comprised of a total of 181 members; 31 of whom seat in the Senate while 150 seat in the House of Representatives. On the other hand, the Oregon’s legislature is comprised of a total of 90 members with the Senate being comprised of 30 members and the lower house being comprised of 60 members. As mandated by the Texas Constitution, the Texas legislature has a regular session of 140 calendar days. In Oregon, sessions which start in odd-numbered years are limited to 160 calendar days while those that begin in even numbered years are limited to 35 calendar days. While members of both the legislatures of Texas and Oregon are paid, members of the legislature of Oregon usually hold other jobs in addition to their legislative job. In terms of operations, it is only the Texas Governor that can call the legislature into special session. However, in Oregon, the legislature has the power to call itself into session; this power is not vested in the governor.
A common issue to both Texas and Oregon as with all the other American States is the Thanksgiving holiday period. However, while Texas has been putting in place plans to cope with the high number of Texans who are expected to travel during the thanksgiving period, the counties in Oregon are putting in place plans to step up DUI patrols during the duration of the thanksgiving period due to an increase in the number of road crashes as a result of intoxicated driving. It is expected that around three million Texans will travel during this period. Indeed, thanksgiving is the common strand but which presents different challenges to the two states as highlighted above.
Works Cited
Associated Press. "Texas News." 21 November 2013. KHOU 11 news. 22 November 2013 <http://www.khou.com/news/texas-news/AAA-expects-34M-Texans-to-travel-for-Thanksgiving-232920381.html>.
Clucas, Ricahrd A, Mark Henkels and Brent Steel. Oregon Politics and Government: Progressives Versus Conservative Populists. University of Nebraska: University of Nebraska Press, 2005.
Flukinger, Roy. Texas Then and Now. Boulder: Big Earth Publishing, 2005.
Murray, Junie. Oregon. Minneapolis: ABDO, 2010.
Nagle, Jeanne. Texas: Past and Present. New York: The Rosen Pybliching Group, 2009.
Terry, Lynne. "OREGON LIVE." 22 November 2013. Oregon LIVE. 22 November 2013 <http://www.oregonlive.com/clark-county/index.ssf/2013/11/counties_will_step_up_dui_patr.html#incart_river>.
Whaley, Gray H. Oregon and the Collapse of Illahee: U.S. Empire and the Transformation of an Indigenous World, 1792-1859. University of North Carolina: University of North Carolina Press, 2010.
