Texas Constitutions The Legal Context of Texas Politics and Government

1. Texas Constitutions The Legal Context of TexasPolitics and Government • Topical Scenario – On Campus • Constitutions - Past and Present

2. Topical Scenario • HJR 1 and SJR 1 of 76th Legislature • Angelo State Constitution (1999) • Reduced size from 81,000 to 19,000 words • Eliminated “deadwood” • Streamlined plural executive branch • Eliminate partisan judicial elections • Consolidate and simplify local government provisions • Never left Select House Committee on Constitutional Review

3. The legal document which embodies the ideals and fundamental premise of the political and governmental system. There have been 7 Constitutions in Texas since the revolution. Texas Constitutions

4. Purpose • Provides government with legitimacy. • Establishes and organizes government. • Gives government power to operate. • Places explicit limits on government.

5. Legitimacy • Links government to democracy - consent of the people. • Usually through the ratification process. • Is this 131 year old constitution legit? • Tacit consent - “love it or leave it” • Amending process is on going consent

6. Establishment • Only one state government. • Local governments derive their authority from the state. • Ideal or liberal constitutions - U.S. and early Texas • Statutory constitutions - lengthy, detailed and at times convoluted.

7. Operations • Police power - right to restrict individual freedom in the interest of public health, • Power to tax - essentially the power to confiscate. • In 2001 the average Texan paid $.32 out of every $1 earned in taxes. • In 2007 the average Texan has to work until April 19th to pay a years worth of Tax

8. Limitations • What the government cannot do. • Article 1 - Texas Bill of Rights. • Contains 31 sections. • Equal protection (race, ethnicity, gender) • Religion • Due process • Speech

9. History of Texas Constitutionalism • Federal Constitution of the United States of Mexico – 1824 • Mexican State of Coahuila y Tejas • Republic of Texas Constitution of 1836 • Six Articles and Three Addendums • Created county as basic unit of local government • Separation of Powers (Cabinet Style Executive) • Checks and Balances • Allowed Government Borrowing • Requires Creation of Public School System

10. The Republic of Texas

11. State of Texas Constitution 1845 • Created “Jacksonian Democracy” • Spoils system • Increased number of elected positions • Appointment of judges • Limited state debt • Considered most lasting contribution • Plural executive • Homestead protection • Community Property

12. Confederate State of Texas 1861 • 1845 Constitution • Membership in Confederacy • Slavery made explicitly constitutional

13. (Rein)State of Texas 1866 • 1845 Constitution • Constitutional abolition of slavery • Cancellation of debts and obligations as a confederate state • Added line item veto • Segregated school system

14. Reconstruction Constitution 1869 • Republican effort to punish southern states • Republican Governor Edmund Davis • Grants suffrage to African Americans • Ratification of 14th Amendment • Other provisions as acceptable to Congress • Created a centralized government • Large growth in expenditures and debt • Increased taxes • Reduced “Jacksonian Democracy” • Disenfranchisement of former confederates

15. Contemporary Constitution 1876 • Democrats recapture control • Over-reaction to reconstruction period • Statutory rather than ideal constitution • Democratically controlled convention • Influenced by agrarian movement of times

16. Provisions of Current Constitution • Seventeen Articles • Article 1 - Bill of Rights • Article 2 - Separation of Power • Article 3,4,5 • Legislature • Biennial sessions with length of 140 days • Balanced budget • Dedicated funds • Popular ratification

17. Articles 3, 4, 5 Continued • Executive • Plural office • Little control over bureaucracy • Judiciary • Virtually all judges elected • Two supreme Courts

18. Article 17 - Amendment Process • Requires joint resolution of 2/3 of Texas House and Senate. • Approval by the Attorney General • Majority popular vote. • Pattern since 1980 is during odd year special elections. • No provision for popular referendum or initiatives.

19. Criticisms • Disorganized - local government references found in many places. • Substantive issues • Pluralistic weak executive • Weak legislature - sessions, pay, funds • Overlapping, elected judiciary • Changing local government requires amendment, loss of flexibility and adaptability.

20. Revision Efforts • Amend Sections or Rewrite Entirely • 1917 - Legislative agenda, governor refuses to call convention. • 1919 - Legislative referendum fails 3 to 4. • 1941 - 1949 Efforts blocked by legislature • 1969 - Rejected by legislature but resulting amendments repeal obsolete provisions.

21. Last Serious Attempt to - 1974 • Legislature amended the constitution allowing legislature to meet as constitutional convention • Passed 61% to 39% • Became politics as usual • Right-to-work-law • Committee vote 50% • Ratification required 2/3 • 118 to 62 (fell 2 short of 2/3) • No new Constitution was proposed

22. Political Constitutional Ideology • Populists • favor ideal style • favor economic regs • favor active legislature • favor strong executive • favor more regulation Liberals • favor ideal style • favor economic regs • favor strong Bill of Rights • favor strong executive and active legislature • Libertarians • favor statutory style • favor less govt • favor low taxes • Fiscally conservative • Conservatives • favor statutory style • oppose economic regs • favor low taxes • Favor strong business climate