The Texas Constitution

The Functions of a State Constitution Legitimate state political institutions Delegate power between the branches and levels of government Prevent the concentration of political power by providing a system of checks and balances Limit political power

Similarities Between Constitutions Power is reserved to the people Political power divided into three branches Checks and balances Federalism

Constitutional History The Constitution of 1827 was written following Mexico’s independence from Spain The Constitution of 1836 was written as Texas won its independence from Mexico The Constitution of 1845 was written as Texas was admitted as a state The Constitution of 1861 was written following secession The Constitution of 1866 was written following readmission to the union The Constitution of 1869 was written in response to reconstruction

The Constitution of 1876 The Constitution of 1876 was drafted to prevent another government such as E.J. Davis Reconstruction Administration The Constitution of 1876 was dominated by members of the Texas Grange who radical farmers and ranchers that viewed government as a necessary evil Government would be extremely limited under the new constitution Still contains elements of Spanish and Mexican Land and Water Law

The Constitution of Texas Today A Weak Government Article I: Bill of Rights Article II: The Powers of Government Article III: Legislative Department –Meets for 140 Days Every Other Year (Odd Numbered Years 2005, 2007, 2009) –Low Legislative Salaries Article IV: Executive Department –Governor and Plural Executive Weak Governor has limited powers (call special session, veto, line-item veto) Plural Executive Elected in statewide elections Article V: Judicial Department –Judges elected in partisan elections Article VI: Suffrage –Denied the right to vote to idiots, lunatics, paupers and felons Article VII: Education Article VIII: Taxation and Revenue with Balanced Budget Requirement Articles IX and X: Local Government

Legislative Branch Weakened by –Meets for 140 Days Every Other Year in Odd Numbered Years (2005, 2007, 2009, 2011) –Low Legislative Salaries –Balanced Budget Requirement

Executive Branch Weakened by Weak Governor has limited powers (call special session, veto, line-item veto) Plural Executives elected in statewide elections Attorney General Land Commissioner Agriculture Commissioner Lt. Governor –No Pocket Veto Line Item Veto allows Governor to veto specific items in the budget

Judicial Branch Weakened by –Judges elected by voters –Two Supreme Courts Texas Supreme Court for Civil Matters Texas Court of Criminal Appeals for Criminal Matters

Amending the Texas Constitution Texas Constitution has been amended over 400 times and counting –Second longest in the nation Amendment By: –Proposal by Legislature –Ratified or Approved by Voters in Statewide Election Reform attempts to draft “modern” constitution have failed for fear of state income tax