Texas Politics Today, 11th Edition

1. Texas Politics Today, 11th Edition Chapter 2 The Texas Constitution in Perspective

2. The Constitutional Legacy Constitutions are written for many reasons, but it is assumed that they will do the following. To provide basic frameworks for the government To leave details to be imposed by statutory law To make direct grants of authority to specific institutions To provide a means for government change To be flexible, requiring continual modifications to meet contemporary needs

3. Principles of the Constitution Promote Legitimacy: Popular sovereignty means government is subject to limitations and constraints implemented by the people. Assign and Limit Power: Limited government places limits on authority and power of the government. Establish governing institutions: Separation of powers allocates power to the three branches of government.

4. Federalism: Division of Powers Delegated Powers: Expressed and Implied Powers. The “Necessary and Proper Clause” is related to implied powers. Reserved Powers: Tenth Amendment-Powers not delegated to the national government are reserved to the states and people. Concurrent Powers: National and state government share powers.

5. Figure 2.1 National/Concurrent/State Powers

6. Federalism: State Limits Bills of Attainder: punishment without trial. Ex post fact Laws: retroactive criminal laws. Full faith and credit clause: to recognize records from other states. Rendition: extradition Judicial Review: state acts ruled unconstitutional. 14th: due process and equal protection. 15th: prohibits states from denying the right to vote bases on color, race, or servitude. 17th: election of US Senators. 19th: gives women the right to vote. 24th: eliminates poll taxes for national elections. 26th: voting age 18.

7. Constitutional Characteristics

8. Constitutional Web Pages The Federalist Society www.fed-soc.org/ Rob Junell’s proposed state constitution

9. Texas Constitutions The Constitution of Coahuila Y Tejas (1827) The Constitution of the Republic of Texas (1836) The Constitution of 1845 The Civil War Constitution (1861) The Constitution of 1866 The Constitution of Reconstruction (1869) The Constitution of 1876

10. The Constitution of Coahuila Y Tejas (1827) Incorporated features reflecting the Mexican and Spanish heritage of the state. It was written as an extension of the Mexican political system. It provided for a unicameral congress of 12, a governor and a vice-governor

11. The Constitution of Coahuila Y Tejas (1827) II Catholicism was made the state’s religion. Laws were published in Spanish. Texas was a buffer between the United States, and various Indian tribes and Mexico.

12. The Constitution of the Republic of Texas Adopted in 1836. It was a result of the disagreement between General Santa Ana and Tejas colonists. The document created a bicameral congress and an elected president. As long as slaves were imported from the United States, slavery was legal. Sam Houston was the nation’s first president. The conflict concluded with Texas’ independence from Mexico.

13. 1836 II Separation of church and state Limited Presidential terms to three years; no consecutive terms. Copy of the US Constitution.

14. The Constitution of 1845 Marked Texas’ annexation to the United States as the 28th state. Texas could divide into five states under a provision. An elected bicameral legislature with a House and a Senate was modeled after other southern states. The constitution included an elected governor and lt. Governor and an appointed secretary of state, attorney general and state judges.

15. 1845 II Exempted homestead from foreclosure. Protected wife’s property rights Community property Required 2/3 vote Texas House vote to establish corporations Governors served a two year term Legislative sessions biennial

16. The Civil War Constitution of 1861 Came into existence when Texas seceded from the union. Texas entered the Civil War on the Confederate side. Public officials pledged allegiance to the Confederate Constitution. The two-party system was destroyed because of slavery and secession. The anti-union Democratic party began its 100 years of power at this time. Prohibited the emancipation of slaves

17. The Constitution of 1866 Was written to provide a military and a provisional government after the Civil War. This constitution was used until plans for reintegration of the rebel states could be worked out by the Republican dominated congress. Nullified secession Abolished slavery Civilian rule Reconstruction Act enacted by Congress abolished civilian governments.

18. Constitutional Convention of 1868 Centralized government Governor’s term to four years Governor assigned appointment powers to all major state officers, even judges. Annual legislative sessions Centralized public school system This convention ratified the Constitution of 1869.

19. The Constitution of 1869 Written to comply with Congress. The appointed governor and other officials were vested with centralized power. Local government had decreased power. Limits placed on the governor’s power prevented further abuses experienced under appointed Radical Republican E.J. Davis’ office. Davis was voted out of office by an election in 1874.

20. 1869 II Provisions provided for the governor’s four year term and appointive powers. Annual legislative sessions were listed in the constitution. African-Americans were given the right to vote. A state-wide public school system was created.

21. Governor EJ Davis Public fund gifts to railroads Taxes increased with public programs Landowners refused to pay high taxes Increased public debt. Law and order collapsed Davis used the military and police to control Invalidated the election of Richard Coke Davis finally vacated his office. Controlled voter registration Arrested opponents Controlled newspapers

22. The Constitution of 1876 Written influenced by the Texas Grange. Texas elected a Democratic governor and legislature which resulted in a new constitution. Local government’s power was increased. Taxation was limited. Limited powers of the legislature, governor and courts. Cut governing officials salaries. Put limits on property taxes Restricted state borrowing Stripped governor’s powers, lowered term to two years, cut salary.

23. 1876 II Required election of state judges and attorney general. Biennial legislative sessions. Local government strengthened. Counties given administrative and judicial functions. Segregated schools Railroad interests, Republicans and most cities ratified the new constitution.

24. Weaknesses & Criticisms of the Constitution of 1876 The election of executive office produces fragmentation. Administrative agencies of the state, counties, produce inefficiency. A low-paid legislature produces interest group influence. There are too many elections of officials to state, county and local courts. There is too much confusing detail. Some amendments seemed to update the constitution such as the 26th amendment which allows 18 year olds to vote.

25. The Texas Constitution Today The Texas constitution is one of the longest state constitutions, and is much longer than the United States Constitution. The Texas constitution is rigid, overly detailed, poorly organized, in many ways obsolete. The Texas constitution is in need of constant of Amending, and it had been amended 390 times by 2000. The revision and major reforms to the constitution have failed in the 1970's and 1990's.

26. The Texas Constitution Article I is the Bill of Rights. Article II creates a separation of powers and limits government. Article III is the longest article and pertains to the legislature. Article IV creates a plural executive branch. Article V creates a fragmented and complex court system. Other articles deal with issues such suffrage, local government, and amending procedures

27. Amending Procedures

28. Constitutional Provisions for Chief Executives’ Qualifications

29. Figure 2.2 State Legislative Sessions and Annual Salaries

30. Figure 2.6 State Constitutions’ Length and Number of Amendments