Chapter 21 The Texas Constitution American Government 2006

Chapter 21 The Texas Constitution American Government 2006 Edition (to accompany Comprehensive, Alternate, Texas, and Essentials Editions) O’Connor and Sabato Pearson Education, Inc. © 2006

Roots of the Texas Constitution o Texas had several written constitutions. n n n 1836 1845 1861 1866 1869 Pearson Education, Inc. © 2006

The 1836 Texas Constitution o Prior to its independence, Texas was governed as part of Mexico. o The 1824 Constitution of Mexico established a federal republic and provided that each state should write its own constitution in 1827. n Texas and Coahuila established a constitution in 1827. n Texas declared independence in 1836. o Republic of Texas Pearson Education, Inc. © 2006

The 1836 Texas Constitution o Contained a declaration of rights o Created a bicameral Congress n House and Senate whose members were popularly elected n Exercised powers similar to those of the U. S. Congress o Executive branch included a president and vice president o Judiciary consisted of courts at four levels: justice, county, district, and supreme courts. Pearson Education, Inc. © 2006

The 1836 Texas Constitution o Included a preamble and n Incorporation of a separation of powers combined with checks and balances n Recognition of slavery n Definition of citizenship that precluded Africans, the descendents of Africans, and Indians n A Bill of Rights n Adult male suffrage n An amending process o Very complex Pearson Education, Inc. © 2006

The 1845 Texas Constitution o A new constitution was necessary when Texas ceased to be an independent republic and joined the United States. o June 1845 — President Anson Jones n Meeting to discuss annexation n Drew up new state constitution which was ratified in October 1845 n Texas was the 28 th state to join the U. S. Pearson Education, Inc. © 2006

The 1845 Texas Constitution o Noted as an extremely good constitution n Straightforward, simple form n Created a bicameral legislature (House and Senate) that met every two years n Governor served a two year term o Limited to serving no more than 4 years in any sixyear period. o Appointed Attorney General and Secretary of State n General Provisions: longest article o Limited legislatures powers n Created a public school system Pearson Education, Inc. © 2006

The 1866 Texas Constitution o When Texas reentered the union after the Civil War, presidential Reconstruction required certain changes to the state’s charter. n Acceptance of abolition of slavery n Also added series of narrowly adopted amendments o Governor’s term increased to 4 years o Governor prohibited from serving more than 8 years o o in a 12 -year period Governor given a line-item veto Salaries increased Only white men could serve in the legislature State supreme court extended to 5 judges; elected to 10 year terms Pearson Education, Inc. © 2006

The 1869 Texas Constitution o Congress ended Reconstruction in 1867 n More requirements were placed on Texas’s readmission n Texas required to have another constitutional convention with delegates elected by all male citizens over age 21 regardless of color or previous condition of servitude n Texas required to write a new state constitution that would provide for universal adult male suffrage Pearson Education, Inc. © 2006

The 1869 Texas Constitution n When this new constitution was written and the state had ratified the 14 th Amendment, their case for readmission would be considered. n Convention broke up in confusion o 45 delegates of 90 delegates signed a partially assembled constitution o Military officers gathered the materials together and in July 1869 voters approved the convention’s proposals Pearson Education, Inc. © 2006

Congress ended Reconstruction in 1867 o More requirements were placed on Texas’s readmission o Texas required to have another constitutional convention with delegates elected by all male citizens over age 21 regardless of color or previous condition of servitude o Texas required to write a new state constitution that would provide for universal adult male suffrage Pearson Education, Inc. © 2006

The Current Texas Constitution o Party politics led to a special legislative session to assemble a constitutional convention in 1875. n 76 Democrats and 14 Republicans were elected delegates. n Wide range of affiliations, occupations n Considered equal to the task of constitution making n Why is the 1876 Constitution considered quite different from its predecessors? Pearson Education, Inc. © 2006

Articles of the Texas Constitution Pearson Education, Inc. © 2006

Reasons for the 1876 Constitution o A reaction to Reconstruction n 1869 constitution made many Texans angry o 1869 constitution had led to Governor E. J. Davis’s regime n Power had been centralized in the state government n Enabling Act n Education policies in the administration had led to rising costs in property taxes o Movement in the 1870 s calling for a politics of substantive issues and restrictive constitutionalism Pearson Education, Inc. © 2006

Provisions of the 1876 Constitution o Currently has 17 articles. n Article 13 , Spanish and Mexican Land Titles, was deleted in 1969. n 16 operable articles n Many in the original; others have been amended extensively n Statutory constitution o Creating the structure and powers of government in great detail n Different from the U. S. Constitution which is a liberal constitution, it establishes the basic structure and principles of government. Pearson Education, Inc. © 2006

Provisions of the 1876 Constitution o Article 1 contains the Texas Bill of Rights. n Longer than the U. S. Bill of Rights and in some respects more extensive. o Article 2 establishes a separation of powers. n Prohibits an individual from holding positions in more than one branch simultaneously o Article 3 establishes the legislative branch, specifying its structure and powers. o Article 4 establishes the executive branch. n Retained the line-item veto Pearson Education, Inc. © 2006

Provisions of the 1876 Constitution o Article 5 created a judicial system that included a supreme court, a court of appeals, district courts, county courts, commissioners courts, and justice of the peace courts. o Article 7 created a public school system that different dramatically from the system created by the Davis administration. o Article 9, the Counties article, contains no information about the structure of county government and its officials. This is found in Article 5. Pearson Education, Inc. © 2006

Provisions of the 1876 Constitution o The constitution mandates a balanced budget. n Except for war or insurrection, debt is prohibited n Provides for dedicated funds – money to be used only for specified purposes Pearson Education, Inc. © 2006

Provisions of the 1876 Constitution o Article 17 establishes the process for amending the Texas Constitution, limiting it to only one method. n Amendments proposed by joint resolution, which must receive a two-thirds vote by each chamber n Secretary of state must issue a statement that describes the proposed amendment n Statement must be approved by the attorney general and published twice in Texas newspapers that print official state notices n Ratification of a proposed amendment requires a simple majority of those who actually cast ballots in an election Pearson Education, Inc. © 2006

Provisions of the 1876 Constitution o By 2004, the Texas Constitution had been amendment 432 times in only 128 years. Pearson Education, Inc. © 2006

Criticism of the 1876 Constitution o One of the longest constitutions in the country n Amending process increased length and also created disorganization and confusion o Plural executive o Part-time legislature o Dedicated funds and specific prohibited activities limit ability to react to social and economic changes o Structure of Texas judiciary and method of selecting judges o Severe restrictions on local governments Pearson Education, Inc. © 2006

Constitution Revision o Piecemeal revision n Constitutional revision through constitutional amendment that add or delete items n In Texas, many piecemeal revisions motivated by attempts at comprehensive reform o Comprehensive revision n Constitutional revision through the adoption of a new constitution n 1974 Constitutional Convention o Constitutional Revision Commission established in 1973 o Adjourned without producing a new constitution Pearson Education, Inc. © 2006

Committees of the 1974 Constitutional Convention Substantive Committees Procedural Committees Finance Rules Local Government Administration Education Submission and Transition Legislature Style and Drafting Judiciary Public Information General Provisions Executive Rights and Suffrage Pearson Education, Inc. © 2006

Constitution Revision o Why did the constitutional convention fail to produce a constitution? n The legislature was the constitutional convention. n The failure involved the decision rules used in the convention, especially the two-thirds rule. n Third reason for failure, and the single most important policy issue, was right-to-work. n There was also a lack of exceptional political leadership. n Finally, there were those who acted as obstructionists (cockroaches). In addition, there were revisionists, who opposed the constitutional revision because it did not go far enough. Pearson Education, Inc. © 2006

Constitution Revision o The 1975 Constitutional Amendments n 8 Amendments taken from the 1974 convention o Rejected by voters. n Reasons for rejection? o Preceded by the Sharpstown political scandal and Watergate o Texans feared that the new constitution would make government too powerful n Particular concern over state income tax Pearson Education, Inc. © 2006

1999 Constitutional Revision Effort o Proposed by Rep. Rob Junell and Sen. Bill Ratliff n Created a true chief executive n Simplified the judiciary n Definition of an efficient system of public education n Authorization of statewide property tax o Never considered o Texas Constitution remained unchanged Pearson Education, Inc. © 2006