Chapter 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

 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

 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

 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

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

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

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 Republic of Texas Constitution (1836) modeled after U.S. Constitution  Allowed slavery  Delayed admission to U.S. 9

 Statehood Constitution (1845) influenced by Jacksonian democracy  Civil War Constitution (1861) altered previous constitution to join Confederacy and protect slavery  Reconstruction Constitution (1866) nullified secession, war debts, and slavery 10

 Radical Reconstruction Constitution (1869) centralized governmental powers  Resented because written by carpetbaggers  Governor E.J. Davis 11

 Written in 1876  Influenced by the Grange  Rural vs urban approval  Curbs governmental power 12

 Preamble and 16 articles  Amended 467 times (as of 2011)  Added levels of detail to avoid abuses of power by governmental organizations  Deadwood 13

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 Similar to U.S. Constitution 16  Separation of Powers—3 branches  Checks & Balances  Empowering Government  Limiting Government  Protecting Individual Rights

 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? 17

 Bill of Rights  Equality under the law, religious freedom, due process, etc.  Equal rights amendment  Separation of powers  Checks and balances included 18

 Legislative Branch  Make-up & duties  Limitations on legislature’s powers & procedures 19

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. Although the Ethics Commission has made no recommendations about salaries, it has upgraded the per diem rate. 20

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 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. 21

 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 22

 Judicial Branch  6 kinds of courts  Some courts have overlapping jurisdiction  Judges elected; many not required to have legal training 23

 Local Governments  Three categories: counties, municipalities, and special districts  Counties most restricted, no home rule  Cities have home rule  Special districts are limited-purpose local governments with taxing authority 24

 Suffrage  Federal law evolving  State “bridges” the gap  Amendments  Proposed by legislature by 2/3 majority, approved by voters  Voters cannot initiate, governor cannot veto 25

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 U.S. Constitution’s flexibility allows national government to adapt  State constitutions tend to favor vested interests  Discussion: how does inclusion in the state constitution create a “security blanket”? 28

 Average state constitution has been amended 143 times  Only Alabama, California, and South Carolina have more amendments than Texas 29

30 The Texas Secretary of State’s office posted this sample ballot on his web site prior to the May 12, 2007, constitutional amendment election. This site, is always a source of the latest proposed amendments. (p. 56)

 Biennial legislative session  Judicial system  Plural executive branch  County government  Level of detail 31

 1971–1974, legislature convened as a Constitutional Convention  Racetracks and unions 32

 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 33

 1976 to 1991 relatively quiet  1992 Montford proposal  Junell, Ratliff revived effort in 1997; later withdrawn  Discussion: why did these proposals fail? 34

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 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 36

 Some amendments attempt to prohibit the state from taking a particular action  Other proposals “update” existing constitutional guarantees  Veterans Land Board  Welfare programs 37

 Constitutional change involves elected officials, political parties, and special interests  Discussion: does our current state constitution help the public hold government accountable? 38

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. 39