Question

According to Section 33 of the Texas Bill of Rights (Article 1 of the Texas Constitution), Texans are guaranteed the right to use and access public beaches. This is not a right that is protected under the U.S. Constitution. Which concept allows Texas to grant its citizens more rights than those listed in the U.S. Constitution

Answer 1

Answer:

Texas is allowed to grant its citizens more rights than those listed in the U.S. Constitution by means of the doctrine of state rights.

Explanation:

The doctrine of state rights is based on the Tenth Amendment to the US Constitution whereby it is set forth that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."  In the case at issue, Texas reserves the right to allow its citizens to have access to public beaches. Texas can do so because that right is not against any other right protected by the US Constitution. The rights granted under a state constitution can be broader than those included in the Federal Constitution but not narrower. A state is reserved the following powers: ownership of property, education, welfare and other benefit programs, judicial system, creation of a local government.

The "access to public beaches" may be included in the state power referred to above as "welfare and other benefit programs".