Chapter 21 Texas Constitution

Constitutionalism & Federalism Federalism, separation of powers, and the idea of popular sovereignty In Texas, popular sovereignty is manifest in popular elections and voter approval of Texas constitutional amendments. The Texas Constitution is extremely long, cumbersome, frequently amended, and establishes a relatively weak government. The government of Texas is unitary in its relationship with lower governmental units like cities and counties.

Constitutionalism & Federalism Vertical federalism - the distribution of power between the national government and state governments Supremacy clause - Article VI of the U.S. Constitution Reserved powers - Tenth Amendment of the U.S. Constitution Delegated powers (enumerated powers) - Article I, Section 8 of the U.S. Constitution

Constitutionalism & Federalism Concurrent powers - powers shared by national and state governments Horizontal federalism - constitutional regulation of the relationship between and among states Fiscal federalism - use of national financial incentives such as categorical grants, block grants, and general revenue sharing Unfunded mandates - state and local government bearing the costs of federal requirements

The 7 Texas Constitutions 1824 – Coahila y Tejas Constitution 1836 – Republic of Texas Constitution 1845 – Statehood Constitution 1861 – Confederate Constitution 1866 – 1st Reconstruction Constitution 1869 – 2nd Reconstruction Constitution 1876 – Current Constitution

Texas Constitutions Texas’s six constitutions reflect the influences of Spanish & Mexican rule and English common law. Texans were a frustrated immigrant minority whose experiences were manifested in the Constitution of the Republic (1836). The 1st constitutional convention occurred amidst the Texas revolution. The Republic of Texas Constitution reflected Texans’ general distrust of government.

Texas Constitutions The Constitution of the Republic prohibited priests from holding office, legalized slavery, limited legislative terms, and was distinctly unitary. Texas voters not only ratified the new constitution but overwhelmingly supported statehood. A great deal of Texas folklore and legend emanated from its years as an independent republic.

Texas Constitutions The Statehood Constitution of 1845 Expanded the governor’s appointment powers Guaranteed property rights for women & included homestead provisions Mandated that 1/10th of the state’s annual revenue be set aside to create a permanent school fund

Texas Constitutions Secession and the Constitution of 1861 Slavery received even stronger protections Same general structure as the 1845 constitution The 1st Reconstruction Constitution of 1866 Provisional governor was assigned and a new convention was called The scope and powers of the governor were limited with the election of more statewide offices

Texas Constitutions The 2nd Reconstruction Constitution of 1869 Referred to as the constitution of the Radical Republicans Characterized by centralization of government Viewed as an anomaly in Texas’s constitutional development Under the administration of Republican and former Union commander E.J. Davis, the new constitution would have lasting effects on Texas government.

Texas Constitutions The Constitution of 1876 Reflects a deep distrust of government Written during a very agrarian time The Framers were intent on limiting the powers of government and the railroads. Promotion of individual freedom As of Nov. 2011 653 amendments proposed of which only 474 were approved by voters and 179 rejected.

Texas Constitution of 1876 (Current Constitution) Seventeen Articles Bill of Rights – 33 Sections Establishes three branches of government, all limited in their powers. Establishes a Plural Executive form of Government severely decreasing the power of the Texas Governor. Ammendability – Proposed by the state legislature and must be approved by a majority of Texas voters.

Texas Constitutions The Constitution of 1876 Seventeen articles Reflects a deep distrust of government Written during a very agrarian time The Framers were intent on limiting the powers of government and the railroads. Promotion of individual freedom Three branches of government, all limited in their powers

Texas Constitutions Ended compulsory education and required segregated schools (amended in 1972) Powers, terms, and salaries of legislative and executive members were limited. “One of the most frequently cited criticisms is the amount of specific detail in the current constitution. The Texas Constitution is a long list of specific rules rather than a set of fundamental legal principles for state law.” (p. 49)

TX Constitution and it’s Statutes http://www.statutes.legis.state.tx.us/