chapter 3 the texas constitution. role of a state constitution state constitutions – all states...

Chapter 3The TexasConstitution

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


• 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


• 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


• 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.


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• Notoriously poor document– Outdated– Over amended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.


• 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


• 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)


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


• 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 limited3. Restrain spending4. 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


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


• 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


• 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.


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.


• 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


State Constitution Length (estimated)

40,000 – 59,999 words

NEVADA34,418 wordsAverage

GEORGIA41,684 wordsAverage

ALABAMA367,000 wordsLongest

60,000 – 79,999 words

80,000 + words

20,000 – 39,999 words

< 19,999 words

TEXAS86,936 wordsSecond Longest

VERMONT8,565 wordsShortest

Amendments Added to Constitution

150 –224 amendments

225 – 300 amendments

> 300 amendments

75 – 149 amendments

TEXAS467 amendmentsFourth Highest

ALABAMA854 amendmentsHighest

NORTH DAKOTA150 amendmentsAverage

< 75 amendmentsRHODE ISLAND10 amendmentsLowest

Amending the Texas Constitution

Voter Turnout in Texas Constitutional Amendment Elections Compared with

Texas Turnout for Presidential Elections

Some Important Constitutional Amendments

chapter 3 the texas constitution. role of a state constitution state constitutions – all states...

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