The Texas Constitution

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The Texas Constitution
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The Texas Constitution

• On the menu
• 1. Roots of the Texas Constitution
• 2. Current Texas Constitution
• 3. Constitutional Revision

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Roots of the Texas Constitution

• Constitutions of
• 1836 Republic of Texas
• 1845 State of
• 1861 Confederacy
• 1866 Union again
• 1876 Post Reconstruction

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Current Texas Constitution

• Shaped by Reconstruction
• Convention of 1875 gt Constitution of 1876
• A Restrictive Constitution
• Exaggerated Separation of powers
• Dedicated funds
• Education
• Amending

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Reconstruction 1866 - 1874

• Government imposed on the Southern States by the
  victorious North.
• Governors were imported Northerners, in many
  cases military officers.
• Many other northerners (Carpetbaggers)
  accompanied the imposed governments and profited
  from the Souths weakness.
• Left the South with a distaste for Liberal
  Constitutions and strong governments.
• Post-Reconstruction Goal of most Southern states
  was to have as little and as a weak a government
  as possible.

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Current Constitution

• Has seventeen numbered articles
• Restrictive quite detailed in describing the
  structure and powers of government
• Several articles dealing with local government
• The constitution limits legislature in enacting
  fiscal policies (taxing/spending)
• Requires a balanced budget

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Current Constitution

• Dedicated funds require that certain tax monies
  be deposited in particular funds
• Dedicated funds can only be used for specific
  purposes e.g., portion of state gasoline tax to
  Highway Trust Fund
• 1876 Constitution always establishes one method
  of amendment- including proposed by 2/3rd of both
  Houses and voter approval by simple majority

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Criticism of Todays Texas Constitution

• Too many amendments (over 390)
• Too long (80,000 words)
• Too limiting (state government is powerless to
  deal with pressing needs), e.g. the current
  budget crisis.

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Constitutional Revision

• Two methods of revision
• Piecemeal through series of amendments
• Comprehensive through adoption of a new
  constitution

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Piecemeal

• Constitution has been amendment often- beginning
  soon after adoption
• Many piecemeal changes resulted from
  comprehensive reform efforts
• League of Women Voters the Citizens Advisory
  Committee
• Recently - Representative Anna Mowery-
• Many Texas favor rewriting state Constitution

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Comprehensive Revision Efforts

• 1st calls for comprehensive revision- 1877
• Between 1891-1949 legislature regularly
  considered constitutional reform
• Constitutional Revision Commission 1974
• Why it failed ?
• 1999 efforts including stronger chief executive
  powers also failed !