Under the Texas Constitution, who has the power of impeachment?
a. ?The Texas Constitution does not address impeachment – ?only the voters can remove someone from office through a formal petition and recall election.
b. ?The legislative branch
c. ?The executive branch
d. ?The judicial branch
The Correct Answer and Explanation is :
Correct Answer: b. The legislative branch
Under the Texas Constitution, the power of impeachment resides with the legislative branch. Specifically, the Texas House of Representatives has the authority to impeach, while the Texas Senate conducts the trial and decides whether to convict and remove the official from office.
Explanation:
- Impeachment in Texas Government:
- The process of impeachment in Texas is outlined in Article 15 of the Texas Constitution. This article establishes the framework for holding public officials accountable for misconduct or violations of the law.
- Roles of the House and Senate:
- The Texas House of Representatives initiates the impeachment process by bringing charges against the official, similar to how a grand jury issues indictments in criminal cases. This requires a majority vote in the House.
- If the House votes to impeach, the matter is sent to the Texas Senate, which conducts a trial. The Senate serves as the jury, and a two-thirds majority vote is required to convict and remove the official from office.
- Applicable to State Officials:
- This process applies to state officers, such as the governor, lieutenant governor, and judges. It ensures that public officials are held accountable for breaches of public trust or violations of their duties.
- Checks and Balances:
- The impeachment power demonstrates the principle of checks and balances within Texas government. The legislative branch is empowered to oversee and address misconduct by executive and judicial officials, ensuring the integrity of the state’s leadership.
- Limits to Recall Elections:
- Unlike impeachment, recall elections—where voters petition to remove an official—are not provided for in the Texas Constitution. Impeachment remains the primary mechanism for removing officials for serious wrongdoing.
In conclusion, the legislative branch, through the House and Senate, holds the constitutional power of impeachment in Texas. This underscores the importance of legislative oversight in maintaining ethical governance.