Constitutionalism Chapter 2 Purposes of a Constitution n

Constitutionalism Chapter 2

Purposes of a Constitution n Provide legitimacy for a government q q n Consent of the people Tacit consent Establish and organize government q q Liberal Constitution Statutory Constitution

Purposes of a Constitution n Give government the powers to operate q q n Taxation Police power Limit government q Bill of Rights

Texas’s Constitutions: 1836 n n n n Liberal constitution Bicameral Congress consisting of House and Senate President and vice president Four levels of judiciary: justice, county, district, supreme Short terms of office: 1 -4 years Typical American features: preamble, separation of powers, checks and balances, bill of rights, adult male suffrage, slavery Amending process difficult; none adopted

Texas’s Constitutions: 1845 n n n n Liberal constitution Bicameral legislature with biennial meetings Governor, AG and SOS appointed by governor; comptroller and treasurer elected by legislature. Judiciary consisted of supreme court and district courts; judges appointed by governor Homestead protection and community property Public school system Only one amendment (1850) which made offices elective

Texas’s Constitutions: 1861 n n Liberal constitution 1845 constitution revised to reflect joining the confederacy Defense of slavery and states’ rights Emancipation of slaves prohibited

Texas’s Constitutions: 1866 n n n n Liberal constitution Re-enter union under presidential Reconstruction Slavery abolished Governor’s term extended, line-item veto, salary increased, other executive officers elected Legislative salaries increased Supreme Court increased in size and elected to long terms. District judges also elected. Segregated public education

Texas’s Constitutions: 1869 n Result of Radical Reconstruction (Congress) q q n n n Granted suffrage to African Americans Ratification of the Fourteenth Amendment Liberal constitution Centralized power in the executive – majoritarian democracy Appointment of most political authorities – state and local levels

Texas’s Constitutions: 1876 n n Statutory Constitution Reasons for 1876 Constitution q q q Reaction to Reconstruction Era Reaction to Governor E. J. Davis’s administration Agrarian movement sweeping United States in the 1870 s that called for more democratic participation and a more limited government.

Texas’s Constitutions: 1876 n Reasons for 1876 Constitution q Democratic Delegates ideologies n n Rapid commercial and agricultural growth, but otherwise no governmental functions Rapid economic growth and invest in human resources, such as schools Government role limited to what private enterprise would not or could not do Less government generally, regardless of purpose

Texas’s Constitutions: 1876 n n n n Seventeen Articles Article 1: Bill of Rights Article 2: Separation of Powers Article 3: Legislature Article 4: Executive Article 5: Judiciary Article 17: Amendment Process

Amending the Constitution n n Proposal: House and Senate by a 2/3 vote of each chamber Secretary of State prepares statement describing the amendment Approved by attorney general Published in newspapers twice Ratification by popular vote in general election or special election

Criticisms: 1876 Constitution n n Long Disorganized Substantive powers lacking for legislature and executive Judicial organization and selection of judges Local government section archaic and disorganized

Amendments to the Texas Constitution

Constitutional Change: Piecemeal n n First amendment proposed in 1877. Many piecemeal changes from efforts to achieve comprehensive change. Governor Connally’s attempts in the 1960 s resulted in an amendment to reduce the Constitution’s deadwood. Representative Mowry introduced amendments between 1997 and 2001.

Politics Now: The Texas Marriage Amendment n n n Texas Defense of Marriage Act, 2003 Amendment defined marriage as “only the union of one man and one woman” Proponents claimed the amendment was necessary to protect against activist judges Opponents argued that the amendment was unnecessary and would bind future Texans Amendment passed with 76 percent of the vote

Constitutional Change: Comprehensive n n Early efforts to call a constitutional convention were unsuccessful. 1971, the legislature proposed an amendment calling for a Constitutional Convention in 1974. Amendment was adopted in 1972 by a 2 -1 margin.

Constitutional Revision: 1971 -74 n n n Legislature elected in 1972 was constitutional convention in 1974. Elected Chair of the Convention and established committees. Bill of Rights could not be revised. Each provision adopted by majority vote. Rules required two-thirds vote for adoption of proposed constitution which failed.

Constitutional Convention Failure n n n Legislators as convention members Two-thirds requirement Right-to-work provision Lack of leadership “Revisionists” and “Cockroaches”

Constitutional Amendments 1975 n n n Eight Amendments presented to voters Voters rejected amendments Reasons q q q Concern about government’s power Lack of governor’s support Cynicism by voters

Constitutional Revision in 1999 n n Proposal by Junell and Ratliff Legislature q n House terms increased, increased size of Senate, veto sessions, and term limits Executive q q Governor headed cabinet of nine members Lieutenant governor, comptroller, and attorney general independently elected

Constitutional Revision in 1999 n Judiciary q q q n Simplified into fewer courts Supreme Court with 15 members (14 associates and a chief justice) Merit system for selecting judges to district courts, courts of appeals, and supreme court Other Changes q q q Salary commission to recommend salaries Statewide property tax to fund public education Legislature could call a constitutional convention, subject to voter approval

Join the Debate: Initiative Process n n Currently, 24 states employ some form of the initiative process. The process involves: q q Direct initiative—proposed policies placed on a ballot for popular approval Indirect initiative—proposed policies must first be submitted to the state legislature during a regular session

Join the Debate: Initiative Process n Proponents q q q n Increases citizen involvement in government Reduces power of special interests Makes government more responsive Opponents q q q Increases the power of special interests Subjects the minority to a tyranny of the majority Reduces legislature’s authority, which means less deliberation and compromise