It is known that the State of Texas is considered to be a politically Conservative State, in relation to its State Legislature and how it ultimately is guided by its State Constitution. In this State, the Constitution's "Preamble" and "Article 1: Bill of Rights" is the framework of how the rest of the Constitution is structured, as well as how the Legislature functions its day-to-day operations. In the Preamble, it explicitly states the following, "Humbly invoking the blessings of Almighty God, the people of the State of Texas, do ordain and establish this Constitution." This Preamble is in violation of the Establishment Clause of the 1st Amendment in the United States Bill of Rights, as dictated by the Supreme Court, in "Everson v. Board of Education, 330 U.S. 1 (1947)." As what the First Amendment of 1791 explicitly states, "Congress shall make no Law respecting an establishment of religion [...]," and in the Case mentioned above the Supreme Court has incorporated that this Amendment does in fact apply to the several States in the United States of America, not just the Federal Government. A Preamble in a Constitution is an introductory statement of which states the reasons and intent of the Law, and how such Laws are to be applied; in other words, it is a short guiding principle on how the govern can rule the governed. It is explicitly clear that that use of the title, "Almighty God," in this short guiding principle implies that the State of Texas is sponsoring a religious belief -- particularly Christianity.
Concerning "Article 1: Bill of Rights" of the Texas Constitution, there is no direct or indirect violation but since there's a violation in the Preamble and it is a short guiding principle to how the rest of this Constitution and State Law is structured. It'll be safe to look upon this Article with strict scrutiny and how it is overly complex and lacks a broad, future-tense, definite standard that would secure its legal standing for all People of Texas. I've decided to rewrite this Article to comply with the rewrite of the Preamble that I've written as well. It coincides with a short guiding principle that I've written for the Preamble that focuses on neutrality, on all aspects of governmental Power, that would evidently lead to equitable and guaranteed results concerning equal privileges, immunities, and inalienable (e.g. natural) Rights for all Citizens of the State of Texas, including myself. In accordance to Article 17 of the current Constitution, the process in amendment is purely done by the State Legislature by a majority Vote from both Chambers, in unison, and then placed for a Vote as a referendum to the voters. I'm certain that if enough individuals, either if they’re a non-Texas U.S. Citizen, U.S. Resident or an undocumented immigrant, signed on to this Cause in order to pressure the Texas Legislature; they would propose this drafted amendment then the indigenous People of Texas can move forward progressively to ensure a more perfect just State. Certainly, it would create a ripple effect across other States to follow to ensure a more perfectly just and united Country that we call, the United States of America.
Read the Drafted Amendment (Written Myself): http://www.scribd.com/doc/130557959/Proposed-Amendment-to-the-Texas-Constitution
- Speaker of the Texas House of Representatives
The Honorable Joseph Straus
- Lt. Governor of Texas
It has come to the attention of the People of Texas, as well as People of the several States in the United States of America, that the State of Texas shall progressively move forward. It is time for the State Legislature to amend the Texas Constitution's "Preamble" and "Article 1" to be neutral, inclusive, and embrace simplicity instead of complexity similar to the United States Constitution that was drafted in the Year of 1789. We hope that you treat this call for action to do the right thing -- amend the Constitution for the sake of neutrality, inclusiveness, and simplicity.
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