The Texas State Constitution and the American Federal System C HAPTER 2

Upon completing this chapter, you will be able to…  Explain the origin and development of the Texas Constitution.  Describe separation of powers and checks and balances in both theory and practice in Texas.  Describe state and local political systems and their relationship with the federal government.

Principles of Constitutional Government  Written by the people  Defining the principles and political objectives of a society  Contracts between citizens and government  Defines the relationship between the government and the governed, setting limits on the powers of each  Structure and limit government  Conflicts are managed through institutional arrangements Key terms:  constitution  popular sovereignty  social contract theory

Characteristics Common to State Constitutions  Separation of Powers  Bill of Rights  Supreme Law of the State Key terms:  separation of powers  checks and balances  plural executive  bill of rights  supremacy clause  statutes  ordinances

Evolution of the Texas Constitution: 1824–1876  Constitutions under the Republic of Mexico  The Republic of Texas Constitution of 1836  Statehood Constitution of 1845  The Civil War and Reconstruction Constitutions of 1861, 1866, and 1869

Texas Constitution: Coahuila y Tejas 1827  Texas and Coahuila become a single state.  Unicameral legislature  Texas had only two of the twelve representatives.  Catholicism was the official state religion.  Mexican laws influenced Texas property and land laws, water rights, community property laws, and local control of schools.

Texas Constitution: Republic of Texas 1836  Texas fought and won for independence from Mexico at the Battle of San Jacinto  Constitution influenced by U.S. Constitution and those of other southern states  A bicameral legislature and an elected president

The Constitution of 1876  Current Texas Constitution  Antigovernment sentiments  Reimposed shorter terms of office  Reestablished offices  Restricted government authority and powers

The Constitution of 1845: Texas State Constitution (Annexation)  Texas becomes the twenty-eighth state and is enters as a slave state under the 1820 Missouri Compromise.  Many high offices appointed by the governor or legislature  Became elected offices after 1850 amendment providing for a plural executive branch  Included a number of individual protections  Served as a model for the 1876 Constitution

The Constitution of 1861: Texas Civil War Constitution  Texas secedes from the United States in 1861 and joins the Confederate States of America.  Few changes to the constitution  Public officials had to pledge support for the Confederate Constitution.  Greater protections given to slavery  Influence of Civil War Era  Origins of Democratic Party factionalism  Legacy of “states’ rights” arguments

The Constitution of 1866: Texas Constitution (Round 1)  Texas subject to national control  Presidential Reconstruction (Lincoln/Johnson)  Favored quick reintegration of the South  Abolish slavery but places limits on African American rights.  Repudiate 1861 Secession Ordinance  Congressional Reconstruction  1866 Constitution is invalidated by Radical Republicans.

The Constitution of 1869: Texas Constitution (Round 2)  New terms to gain readmission to Union are included in the 1869 Constitution.  Voting rights for African Americans  Centralization of state powers  Increased powers of the governor  Weakened local governments

Delegates to the 1875 Constitutional Convention

The Constitution of 1876: Texas Constitution (Current)  This Constitution largely reflects a sentiment of retrenchment, but includes some reform  Delegates to the 1875 Convention  Seventy-five of the original ninety were Democrats.  Only four were native Texans.  One-half (the Grange) represented agriculture.  Reaction against Reconstruction Era abuses  Restricted state powers, expanded local powers, and placed limits on taxation

Key Principles of the Texas Constitution  Popular Sovereignty  Power of government comes from the people.  Social Contract Theory  People agree to have government for survival.  Limited Government (scope of government)  Separation of Powers (three branches)  Checks and Balances  Each branch must get consent from the other two.

Important Sections of the Texas Constitution  Article I: Bill of Rights  Article 2: The Powers of Government  Article 3: Legislative Department  Article 4: Executive Department  Article 5: Judicial Department  Additional Articles

Comparing the Structure of State Constitutions  Ideal constitutions vs. cultural expectations  Be brief  Provide general principles rather than specific legislative provisions  Create a basic government framework  7,000 words (U.S.) and 90,000+ words (Texas)  Grant authority to specific institutions  Provide for orderly change  U.S. Constitution amended 27 times Texas Constitution amended almost 500

Amending and Revising State Constitutions  Differences among states  Texas: no initiative  Constitutional convention  Constitutional commissions Key terms:  initiative  constitutional convention

Amending and Revising State Constitutions

Patterns of Constitutional Change  Frequency of change  Methods of amending  States that allow voter-initiated amendments  More amendments proposed  Half the approvals  Legislature as screening process

Amending the Texas Constitution  1975–2013, legislature proposed 299 amendments  255 approved  Low voter turnout for amendments  % statewide, 8.3% in Bexar County  Odd-year elections  Confusing ballot wording  Lack of interest  Voter ignorance  Interest groups Key term:  ballot wording

Criticisms of the Texas Constitution  Wording  Unclear organization  Length and Excessive detail  Restricts state and local governments  Has obsolete and contradictory language  491 amendments due to changing needs  Inflexibility  Constant change

Conclusion to the Texas Constitution  Lack of support for reform  Political culture does not support change  Powerful lobby groups  Lack of interest among citizens

The American Federal System of Government  Constitutional Distribution of Powers  Key Developments in American Federalism Key terms:  federal system of government  unitary system of government  confederal system of government

The American Federal System of Government  Constitutional Distribution of Powers  The “Necessary and Proper” Clause and the Tenth Amendment  Interstate Commerce Clause Key terms:  Tenth Amendment  Necessary and Proper Clause (Elastic Clause)  Interstate Commerce Clause

The American Federal System of Government  Constitutional Distribution of Powers  Equal Protection and Due Process Clause of the Fourteenth Amendment  Power to Tax and Spend to Promote the General Welfare of Citizens Key terms:  Equal Protection Clause  Due Process of Law Clause  categorical grants  block grants

The American Federal System of Government  The Evolution of American Federalism  Relations between States in the Federal System