Chapter 3 The Texas Constitution

Role of a State Constitution State constitutions – All states have a constitution. – Similar purpose to federal – Establish institutions – Specify broad rules and laws governing the state

Role of a State Constitution Fundamental questions about constitutions: – What belongs in a constitution, and what should merely be a law? – Must a constitution always be followed? – What measures should be taken to ensure it remains a living document? Applicable to contemporary society even though very dated, as with the U.S. Constitution

State constitutions – Legitimate state institutions: explain the sources of their authority – Delegate power: explain what institutions are allowed to perform certain functions – Prevent the concentration of power – Limit power by defining rights of citizens Role of a State Constitution

Texas Constitution is heavily influenced by federal one. – Political power is derived from the people. – Power is divided among three branches. – System of checks and balances limits power – Individual rights are declared to limit power. – Federalism Role of a State Constitution

Federalism Supremacy clause: the U.S. Constitution and federal laws are the supreme law of the land. Necessary and proper clause: the federal government has all the authority it needs to carry out its powers. Role of a State Constitution

Texas Constitution Today Notoriously poor document – Outdated – Over amended (474 amendments; U.S., 26) – Micromanages Opposite of “broadly constructed laws” – Easy to amend, difficult to overhaul Tack on laws easily Scrap and start new very hard: legislative time crunch

Prior Texas Constitutions Before examining the current constitution, consider the prior governing documents. Six different constitutions have governed the state at different points in state history. Each reflects different national priorities, issues of the time, and values of the writers.

Constitution of Coahuilay Tejas, 1827 After Mexico was granted independence from Spain in 1821, Texas departed with it. In 1827, Texas was declared a state of Mexico. – Combined with Coahuila region, hence state became “Coahuila y Tejas” The original Mexican Constitution was very similar in structure to America’s. – Notable difference, Catholicism was the official religion in the state.

The state was divided into three legislative districts. The territory of what is now Texas formed the district of Bexar. Citizens were guaranteed liberty, security, property, and equality. Curtailed slavery Constitution of Coahuilay Tejas, 1827

Constitution of the Republic of Texas,1836 Texas’s break with Mexico was, in part, a constitutional crisis. Texas resident demands – Make it easier for Americans to immigrate to the state (Mexico) – Teach both Spanish and English – Allow Texas to be its own state, independent of Coahuila

Texas Declaration of Independence (1836) – Adopted at Washington-on-the-Brazos – Drew from John Locke, who argued the purpose of government is to protect rights Reflects southern political culture – 39 of the 59 Republic of Texas Constitution framers were from southern slave states – Only 10 of 59 lived in Mexico more than six years. Constitution of the Republic of Texas,1836

Three separate branches – Bicameral legislature – Four-tier court system Justice, county, district, state supreme court Ministers could not hold office. Slavery was allowed. Communal property and debtor relief Constitution of the Republic of Texas,1836

Allowed new white immigrants to bring slaves already in servitude Banned importing slaves from Africa Texas slave population skyrockets under this constitution. – 1836: 5,000 slaves (~12% statewide population) – 1850: 58,161 slaves (25% statewide population) – 1860: 182,566 slaves (30% of total population) Constitution of the Republic of Texas,1836

Texas State Constitution of 1845 Texas slave state, nine years before it joins the Union – Imbalance of nonslave and slave states at time Gave all defense-related property to America Kept vast public lands and state’s debt Three branches with checks and balances – Governor was term-limited – Judges appointed for six-year terms – State could divide itself into five new states

Confederate Constitution of 1861 Banned freeing slaves Few changes to state constitution otherwise Texas Constitution kept ban on importing slaves from Africa Purpose of Confederate Constitution was to leave the Union and take a side – Not create new governing institutions; hence few changes to actual government

Constitution of 1866 Needed to re-join Union after Civil War Ratified by slim majority Slaves freed Allows blacks to own property and to sue Blacks banned from voting or holding office Increased salaries for officeholders Congressional apportionment would be based only on number of white male citizens

Reconstruction Constitution of 1869 Confederate states required new state constitutions to comply with federal laws. – Congressional Reconstruction Act 1867 Approved by military orders, not a vote Black men extended right to vote and full political equality – Compliance with Thirteenth and Fourteenth Amendments Governor given many unchecked powers

Constitution of 1876 Needed due to Governor Davis corruption and power imbalance allowed in 1869 Constitution Four goals in this constitution: 1.Strong popular control of government (voters) 2.Powers were to be limited 3.Restrain spending 4.Promote agriculture interests

Limited government in many ways in reaction to experience with Governor Davis Judges were elected. Governor powers diffused (plural executive) Part-time legislature Taxes and debt were limited. Schooling not required, was segregated Railroads and banks heavily regulated Constitution of 1876

The Texas Constitution of Today Constitution of 1876 remains in place today – Long and detailed (8 times longer than national) – Amended 474 times since 1876 System prevents accumulation of power – Selection structures and local government power More opportunity to select elected officials – MANY local offices, plural executive, elect judges

The Texas Constitution of Today Rights are listed up front, in order to stress limits upon the state’s powers. The right of the people to dismiss the government is among them. – Very similar to Bill of Rights Much more detailed and specific – Does not merely mention rights; specifically defines each of them

The Texas Constitution: An Overview

The Texas Constitution of Today Legislature – Texas House of Representatives Two-year terms, no limits – Texas Senate Four-year terms, no limits – Budget must be approved by Comptroller of Public Accounts. – Part-time legislature: 140 days, every other year – Paid by the day (per diem)

Executive – The executive department consists of six offices, five of which are elected. Not just the governor! Secretary of state is appointed by the governor with Senate approval – Independently elected offices limit governor power. Different parties may (and have) hold executive power. The Texas Constitution of Today

Major Offices in Texas

Courts – Texas effectively has two supreme courts. Criminal cases: Texas Court of Criminal Appeals Civil cases: Texas Supreme Court – All justices and judges are elected. The Texas Constitution of Today

Four stages to amending the constitution Legislature proposes amendments Approval by 66 percent of each chamber Amendments must be published twice in recognized newspapers. A majority of state voters must approve. – Majority of those who vote; turnout usually low – Thus a low number of actual votes needed The Texas Constitution of Today

State Constitution Length (estimated) 40,000 – 59,999 words NEVADA 34,418 words Average GEORGIA 41,684 words Average ALABAMA 367,000 words Longest 60,000 – 79,999 words 80,000 + words 20,000 – 39,999 words < 19,999 words TEXAS 86,936 words Second Longest VERMONT 8,565 words Shortest

Amendments Added to Constitution 150 –224 amendments 225 – 300 amendments > 300 amendments 75 – 149 amendments TEXAS 467 amendments Fourth Highest ALABAMA 854 amendments Highest NORTH DAKOTA 150 amendments Average < 75 amendments RHODE ISLAND 10 amendments Lowest

Amending the Texas Constitution

Voter Turnout in Texas Constitutional Amendment Elections Compared with Texas Turnout for Presidential Elections

Some Important Constitutional Amendments