1. Chapter 2

2.  Understand the purposes of constitutions as well as the extent to which these are reflected in the Texas Constitution  Describe the history of Texas constitutions  Discuss the key aspects of the present Texas Constitution  Explain why the Texas Constitution is so frequently amended  Analyze the political process involved in constitutional change 2

3.  U.S. Constitution a model document  State constitutions often criticized for being rigid, lengthy, unworkable  Constitutional amendments frequent  In federal system of government, national Constitution & laws supreme 3

4.  Providing legitimacy: when governed believe a government has the right to make and enforce laws  Discussion: how does a written constitution provide legitimacy?  Organizing government: institutions, offices, selection processes, and relations between officials 4

5.  Providing power: granting specific powers to specific institutions  Powers can be concurrent  Limiting governmental power: prohibiting governmental action  National and state bills of rights  Discussion: how does our political culture influence this? 5

6. USTX  Powers for national government  National constitution more flexible  Presidency is strong  Court system simple  Constitution rarely amended  Reserved Powers for states  State constitutions less flexible  TX Governor is weak  Court system complex & confusing  Constitution frequently amended 6

7.  6 constitutions through history  Texas Declaration of Independence from Mexico issued March 2, 1836.  Independence won at Battle of San Jacinto, April 21, 1836 7

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9.  Republic of Texas Constitution (1836) modeled after U.S. Constitution  Allowed slavery  Delayed admission to U.S.  Established a unitary government  Presidents had a 3-year term limit 9

10.  Statehood Constitution (1845) influenced by Jacksonian democracy  Prepared for admission to the U.S.  Governors served 2-year terms  Legislative sessions were biennial 10

11.  Civil War Constitution (1861) altered previous constitution to join Confederacy and protect slavery  Reconstruction Constitution (1866) nullified secession, war debts, and slavery 11

12.  Radical Reconstruction Constitution (1869) centralized gov’t powers  Resented because written by carpetbaggers  Centralized power in the hands of the governor  Extended the governor’s term to 4 years  Governor appointed major state officers, including judges  Established annual legislative sessions  Governor E.J. Davis 12

13.  Written in 1876  Influenced by the Grange  Rural vs urban approval  Curbs governmental power 13

14. Copyright © 2009 Cengage Learning14 The Texas Constitution in History Constitution of 1876  6 th constitution – STILL IN PLACE TODAY  Reflects conservative White reaction to the 5 th constitution  Texas Grange represented about 40 out of the 90 delegates  14 Republican delegates/ 76 Democrat delegates  Stripped most powers of the governor  Governor’s term limit was reduced to 2 years  Cut salaries of governing officials  Established biennial legislative sessions  Strengthened local governments

15.  Preamble and 16 articles  Amended 483 times (as of 2013)  Added levels of detail to avoid abuses of power by governmental organizations  Deadwood - unenforceable provisions that conflict with the national Constitution. 15

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18. Copyright © 2009 Cengage Learning 18 Texas Constitution Today The Texas Constitution is poorly organized, difficult to read and interpret, and the second longest constitution in the nation. 1876 Constitution is a reactionary document  Low salaries may discourage independent, high-caliber leaders  Restrictions may impede government from meeting needs of citizens  Governmental institutions became inefficient and ineffective

19.  Similar to U.S. Constitution 19  Separation of Powers—3 branches  Checks & Balances  Empowering Government  Limiting Government  Protecting Individual Rights

20.  Different from U.S. Constitution  Less flexible  More limitations on government  Discussion: how does our lengthy, difficult to understand, limiting constitution make it difficult for government to solve the state’s problems? 20

21.  Bill of Rights  Equality under the law, religious freedom, due process, etc.  Equal rights amendment 21

22. Copyright © 2009 Cengage Learning 22 Texas Constitution Today Bill of Rights (Article 1)  Equality under the law  Prohibits discrimination based on sex  Guarantees victims’ rights  Prohibits monopolies  Provides greater equity in public schools  Expands free speech rights for private employees  Religious freedom  Protections for the mentally incompetent

23.  Texas Constitution forces state government to resort to the constitutional amendment process  Separation of powers  Checks and balances included  Legislative Branch (Article III)  Make-up & duties  Spells out limitations on legislature’s powers & procedures 23

24. Copyright © 2009 Cengage Learning 24 Texas Constitution Today Separation of Powers (Article 2)  A government with 3 branches  Checks and balances Impeachment Veto Judicial Review

25. Copyright © 2009 Cengage Learning 25 Texas Constitution Today Legislative Branch (Article 3)  Bicameral legislature that meets biennially for 140 days  Special sessions last no more than 30 days  Salary $7,200 per year (1975)  $168 per diem House of RepresentativesSenate 150 members31 members U.S. Citizen Residency: 2 yrs. in state/ 1 yr. in district Residency: 5 yrs. in state/ 1 yr. in district 21 yrs. old26 yrs. old 2 yr. term (no term limit)4 yr. term (no term limit)

26. 1. The legislature may meet in regular session only every two years. 2.The number of days for introduction of bills, committee work, and floor action is specified. To permit early floor action, the governor can declare an emergency. 3.Salaries and the per diem reimbursement rate are described. Historically, this degree of specificity made an amendment necessary for every change in these figures. 1995 amendment authorized Etics Commission to recommend changes. Although the Commission has made no recommendations about salaries, it has upgraded the per diem rate. 26

27. 4. The legislature cannot authorize the state to borrow money. Yet, Section 23-A provides for a $75,000 payment to settle a debt to a contractor for a building constructed at the John Tarleton Agricultural College (now State University) in 1937. 5.The legislative article, not the municipal corporations article, includes provisions for municipal employees to participate in Social Security programs. 6.In spite of a stipulation that the legislature cannot grant public monies to individuals, exceptions are made for Confederate soldiers, sailors, and their widows. 27

28. Copyright © 2009 Cengage Learning 28 Debt Article 3 (section 49) prohibits the legislature from authorizing state debt except under rare conditions. (Text Page 713) The Constitution requires a balanced budget. The comptroller of public accounts is required to certify that funds are available for each appropriations measure. Specific constitutional amendments have authorized the sale of bonds for specific purposes (student loans, parks, highways, prison construction). Texas per capita debt among the lowest among the states.

29. Although detailed restrictions in the Texas Constitution tie the hands of legislators, the legislature is nonetheless the dominant institution in the state. 29

30.  Executive Branch  Part of plural executive  Influence of E.J. Davis 1.Lieutenant governor 2.Comptroller of public accounts 3.Commissioner of the General Land Office 4.Attorney general 5. Texas Railroad Commission 6. Commissioner of Agriculture 7. State Board of Education 30

31.  The governor does, however, possess significant legislative powers  control of special sessions  the veto  in recent years has been strengthened by amendments  4-year term of office to four years and provide  powers of removal  and by legislation to provide greater control over major policy boards. 31

32.  Judicial Branch  Overly specific  6 kinds of courts  separate supreme courts for civil and criminal matters.  Some courts have overlapping jurisdiction  Judges elected; many not required to have legal training 32

33.  Local Governments  Three categories: counties, municipalities, and special districts  Counties most restricted, no home rule  Commission form of government  Cities have home rule  Special districts are limited-purpose local governments with taxing authority 33

34.  Suffrage  Has often conflicted with Federal law  State “bridges” the gap with temporary transition provisions  Amendments  Proposed by legislature by 2/3 majority, approved by voters  Voters cannot initiate, governor cannot veto 34

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37.  Texas voters approved 9 amendments to the constitution in the November 2013 election. With the approval of these 9 amendments, the Texas Constitution has now been amended 483 times. 37

38.  “The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a member of the armed services of the United States who is killed in action.” 38

39.  “The constitutional amendment eliminating an obsolete requirement for a State Medical Education Board and a State Medical Education Fund, neither of which is operational.” 39

40.  “The constitutional amendment to authorize a political subdivision of this state to extend the number of days that aircraft parts that are exempt from ad valorem taxation due to their location in this state for a temporary period may be located in this state for purposes of qualifying for the tax exemption.” 40

41.  “The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of part of the market value of the residence homestead of a partially disabled veteran or the surviving spouse of a partially disabled veteran if the residence homestead was donated to the disabled veteran by a charitable organization.” 41

42.  “The constitutional amendment to authorize the making of a reverse mortgage loan for the purchase of homestead property and to amend lender disclosures and other requirements in connection with a reverse mortgage loan.” 42

43.  “The constitutional amendment providing for the creation of the State Water Implementation Fund for Texas and the State Water Implementation Revenue Fund for Texas to assist in the financing of priority projects in the state water plan to ensure the availability of adequate water resources.” 43

44.  “The constitutional amendment authorizing a home-rule municipality to provide in its charter the procedure to fill a vacancy on its governing body for which the unexpired term is 12 months or less.” 44

45.  “The constitutional amendment repealing Section 7, Article IX, Texas Constitution, which relates to the creation of a hospital district in Hidalgo County.” 45

46.  “The constitutional amendment relating to expanding the types of sanctions that may be assessed against a judge or justice following a formal proceeding instituted by the State Commission on Judicial Conduct.” 46

47.  Average state constitution has been amended 143 times  Only Alabama, California, and South Carolina have more amendments than Texas 47

48.  The U.S. Constitution provides only the essential structure of national government and broad powers to insure flexibility.  The Texas Constitution is long, restrictive, confusing, and protects the concerns of vested interests and therefore requires frequent amending. 48

49.  Biennial legislative session  Judicial system  Plural executive branch  County government  Level of detail 49

50.  1971–1974, legislature convened as a Constitutional Convention  Authorized by a constitutional amendment  Known as Con-Con  Proposed change did not reach voters due to pari-mutuel betting and right to work issues 50

51.  1975 proposal  Influence of political leaders  Influence of interest groups  Discussion: why did voters not approve these changes? Proposed changes  annual legislative sessions  streamlined judiciary  property tax relief  county government modernization 51

52.  Defeated two-to-one by the voters due to fears that the new document might promote more spending and allow greater governmental power. 52

53.  1976 to 1991 relatively quiet  1992 Sen. Montford proposal  Rep. Junell, Sen. Ratliff revived effort in 1997; later withdrawn 53

54.  Six-year Senate and four-year House terms with limits of two and three consecutive terms, respectively.  A 60-day budget session of the legislature in even-numbered years.  Authority for the legislature to meet to reconsider bills that were vetoed.  The only elected executives to be the governor, lieutenant governor, and comptroller, each with a limit of two terms.  Simplification of the judiciary and nonpartisan judicial elections.  Creation of five regional university systems with each sharing in the Permanent University Fund (PUF).  Ordinance power for counties, subject to local voter approval. 54

55.  More immediate problems crowded out consti¬tutional revision in 1993 and 1995 and, after Montford left the legislature, revision was not even considered by the legislature in 1997.  In 1997 Representative Rob Junell was joined by Senator Bill Ratliff in proposing constitutional reforms that were similar to Montford’s but they, too, were withdrawn when it became apparent that support was thin.  Although three powerful legislators in recent years have taken an interest in constitutional reform, nothing has come of their efforts due to lack of interest and the political conservatism of the state’s citizens. 55

56.  It is likely that constitutional amendments will continue to be the primary approach used to patch a creaky Texas Constitution. 56

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58.  Constitutional amendments frequently very political  Special interests want to embed policy favoring their viewpoint in the Constitution to ensure protections or economic gains  Tax relief another frequent constitutional topic 58

59.  Some amendments attempt to prohibit the state from taking a particular action  Other proposals “update” existing constitutional guarantees  Veterans Land Board  Welfare programs 59

60.  Constitutional change involves elected officials, political parties, and special interests 60

61. PROCON  Yes. The current state constitution is too specific and antiquated, has conflicts with the national Constitution, protects special interests, reflects agrarian interests, needs frequent interpretation, and organizes government poorly.  No. Newness is not necessarily quality, partisanship could be increased, “fixing something that ain’t broke,” counties are inefficient and don’t need new authority, it might give government too much power, process will be expensive, and change might remove protections against arbitrary governmental action. 61