The Texas Constitution

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The Texas Constitution
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Learning Objectives Texas Constitution

• Reconstruction and the1876 Constitution
• Executive Powers
• Legislative Powers
• Judicial Powers
• Local Government Powers
• Our Over-Amended Constitution

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Key Terms Texas Constitution

• 1869 Constitution
• 1876 Constitution
• Article I
• Article II
• Article III
• Article IV
• Article V
• Municipal Home Rule
• Fractured State Executive
• Constitutional Reform

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Constitutions Have Several Functions

• Legitimacy
• This is the most abstract and ambiguous function
  served by constitutions.
• A government has legitimacy when its citizens
  accept its actions as lawful, fair, and just.
• The requirements for governmental legitimacy vary
  according to what the citizens are willing to
  accept.

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Constitutions Have Several Functions

• Organizing Government
• This purpose involves establishing the offices
  responsible for basic governmental functions and
  defining their relationship to each other.
• Although the organizational provisions of state
  constitutions vary widely, they generally follow
  the model provided by the US Constitution in
  establishing an elected chief executive, a
  bicameral legislature (except in Nebraska), and a
  judicial system with some type of supreme court.

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Constitutions Have Several Functions

• Providing Power
• The Texas Constitution provides power for the
  state government subject to the US Constitution's
  division of powers between the national
  government and state governments.
• Although states retain primary control over many
  types of activity, the power of state officials
  has been reduced with the expansion of the
  federal government's role in various areas.

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Constitutions Have Several Functions

• Limiting Governmental Power
• Americans' history and national character support
  the belief in limited government that has
  produced bills of rights in both the US and Texas
  constitutions and other constitutional
  protections against arbitrary governmental
  action.
• Reflecting popular dissatisfaction with
  Reconstruction rule, the Texas Constitution
  limits government by being very specific and
  inclusive in its content.

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Comparing the U.S. Texas Constitutions

• Ideally, a constitution should include general
  and fundamental principles, limitations and
  restrictions imposed on governmental
  institutions.
• It should be brief, spelling out the general
  responsibility and authority of governments.
• A constitution should also include provisions
  that permit adaptation to changing conditions.
• The Texas Constitution is one of the longest
  state constitutions with over 90,000 words and
  over 500 constitutional amendments.
• By contrast the 200-year-old U.S. Constitution
  has approximately 7,000 words and has been
  amended 27 times.

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Texas Constitution Basic Principles

• The underlying principle of the constitution is
  that it is a social compact based on popular
  sovereignty.
• A second principle incorporated in its provisions
  is limited government.
• Separation of powers constitutes the third grand
  principle incorporated into the document.

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The 1876 Texas Constitution the Current Texas
Constitution

• In contrast to the 1869 Reconstruction
  Constitution, the 1876 Constitution
• 1.  Weakened the Governor
• Shortened the term from 4 to 2 years
• Cut the salary
• Limited his/her appointment powers - state
  judges were no longer appointed by the governor,
  but elected
• Limited his/her removal powers - governor can
  remove virtually none of his appointments without
  the consent of the Senate
• Limited her/his budgetary powers
• Limited her/his directive powers (power to issue
  executive orders) - the governor has no power to
  issue exec. orders except in the area of law
  enforcement
• Limited her/his clemency powers - today, the
  Board of Pardons Paroles exercises most of this
  power
• Result Texas governor is rather weak-- ranked as
  weakest state governor in the U.S. in terms of
  his formal constitutional powers.

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The 1876 Texas Constitution the Current Texas
Constitution

• 2.  Weakened the Legislature
• Reduced their salary and put it into the
  constitution.
• Limited the length of the legislative session
  from annual to biennial ( once every 2 years)
  for  a maximum of 140 days.
• Put operating rules into constitution to slow
  down the legislature e.g. every bill must be
  read 3 separate times on 3 separate days in both
  the House Senate and must  pass 2 floor votes
  in each house.
• Put limits on the legislatures taxing, spending,
  and borrowing powers
• Texas Constitution requires a balanced budget --
  no deficit spending.

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The 1876 Texas Constitution the Current Texas
Constitution

• 3.  Weakened the Courts
• Created the dual structure of courts-- one set
  for criminal cases and one for civil
  cases--result Texas has 2 high courts  -- Texas
  Supreme Court for civil cases and Texas Court of
  Criminal Appeals for criminal cases.
• 4.  Strengthened Local Government
• Took power to run public schools away from state
  government and gave it to local government.
• Created local judgeships

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The 1876 Texas Constitution the Current Texas
Constitution

• Good and Bad Points of the 1876 Constitution
• Positive Points
• Weaker state government less chance of abuse of
  power
• Limits on taxing, spending, borrowing has
  helped to keep spending under control, taxes
  lower, and no state deficit.
• Stronger local government makes it easier for
  citizens to influence important decisions
  affecting their daily lives its generally
  easier to influence local government than state
  government.

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The 1876 Texas Constitution the Current Texas
Constitution

• More Negatives Points
• Constitution is inflexible and not forward
  looking
• It has to be amended frequently due to changing
  society -- presently, there are more than 500
  amendments.
• Constitution is too detailed -- it should contain
  a basic framework for government, leaving the
  specifics to the legislature.
• U.S. Constitution is short. Texas Constitution is
  very long.
• Because it is so specific, we have to constantly
  amend it just to allow the legislature to pass
  new laws and programs
• Example electronic banking, state lottery, tax
  breaks for urban renewal zones in inner city
  areas.

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The 1876 Texas Constitution the Current Texas
Constitution

• Constitution is too restrictive
• It puts too many restrictions on the governor and
  legislature (just as the Articles of 
  Confederation was too restrictive).
• Constitution is poorly written
• Typos, misspelled words, grammatical errors,
  sentences over 300 words long, and disorganized
• Recent attempts at reforming the Texas
  Constitution failed attempts in 1957, 1966,
  1971, and 1975.
• All failed because of
• Public opposition
• Lack of information
• Public Apathy- Boredom and/or disinterest in the
  need for a new State constitution
• Organized opposition by various interest groups

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Texas Constitution General Features

• The Texas Constitution is much like it was in
  1876 in spite of having over 500 amendments.
• The many details of policy and governmental
  organization that are included make the document
  long (only one state constitution, Alabamas, is
  longer) and poorly organized.
• The Texas Constitution reflects the time of its
  writing and the state's traditionalistic
  political culture and suffers from several
  defects
• It contains provisions that conflict with federal
  law.
• It is overly restrictive and thus has required
  frequent amendment.
• It is difficult to read and interpret, even by
  the courts.

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Texas Constitution Specific Features

• A Bill of Rights, Article I
• The Texas Bill of Rights provides for equality
  under the law, religious freedom, due process,
  freedom of speech and press, and other
  protections found in the US Bill of Rights.
• The Texas Bill of Rights also contains
  protections for the mentally incompetent and
  several guarantees such as the one prohibiting
  the outlawing of an individual from the state.
• The provisions of Article I are broadly supported
  by the state's citizens and have been left intact
  during modern constitutional revision efforts.

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Texas Constitution Specific Features

• Separation of Powers, Article II
• Briefly spells out the 3 departments of
  government
• Separation of powers in the Texas Constitution is
  reinforced by checks and balances, many of which
  are the same as those found in the U.S.
  Constitution.
• The House may impeach and the Senate may try (a
  judicial function) elected officials and judges
  at the district level and
• above.
• The governor has a veto over acts of the
  legislature and an item veto over appropriations
  bills (a legislative proceeding).
• The Supreme Court may issue a writ of mandamus
  ordering an executive official to act (an
  executive function).

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Texas Constitution Specific Features

• The Legislative Branch, Article III
• Article III establishes the legislature as the
  dominant institution in the state, but spells out
  a number of limitations on its powers, including
  the following
• Regular legislative sessions occur only once
  every two years.
• The number of days allotted to particular tasks
  (intro of bills, committee work, and floor
  actions) is specified.
• Legislators' salaries and per diem are set by the
  constitution (amendment required to change
  these).
• The legislature cannot authorize the state to
  borrow money.

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Texas Constitution Specific Features

• A Fragmented Executive, Article IV
• The governor has little or no control over other
  executive officials, several of which are
  independently elected.
• This article is overly specific in its provisions
• The restrictions on the governor reflect the
  extreme reaction to the excesses of Governor E.J.
  Davis
• The governor does, however, possess significant
  legislative power, including
• Control of special sessions and veto power.
• In recent years has been strengthened by
  amendments lengthening the term of office to four
  years and allowing a governor to remove, with the
  advice and consent of the Senate, individuals he
  or she has appointed.

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Texas Constitution Specific Features

• The Texas Judiciary, Article V
• Has Four Distinctive Features
• It creates a somewhat confusing system in which
  you have six types of courts and two separate
  supreme courts, for civil and criminal matters.
• Different trial court levels are given concurrent
  (overlapping) jurisdiction, while some courts at
  the same level have different jurisdiction
  depending on whether they are constitutional or
  statutory.
• Judges are elected and not appointed.
• The article is overly specific and includes such
  features as the requirement that each county have
  an elected sheriff.

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Texas Constitution Specific Features

• The constitution gives units of local government
  (counties, municipalities, and special districts)
  varying degrees of flexibility.
• Counties, as representatives of the state, are
  most restricted.
• Cities with populations over 5,000 may adopt
  home-rule charters rather than being governed by
  general laws.
• Special districts (e.g., school districts), which
  continue to proliferate, are provided taxing
  authority for limited purposes.

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Texas Constitution Specific Features

• Provisions on suffrage in the constitution
  contain much "deadwood" which, because it
  conflicts with federal law, cannot be enforced.
  Examples include
• Minimum Voting Age
• US-18
• TX-21
• Residency requirements for voting in state and
  local elections
• US-Not established, although 50 days has been
  found to be
• excessive by the courts.
• TX-One year in state, six months in county
• Voter registration
• US-Continuous
• TX-Annual
• Property requirements for voting
• US-Not permitted
• TX-Mandatory in local bond elections

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Amending the Texas Constitution

• Amendments to the constitution are proposed by an
  absolute two-thirds majority vote in both houses
  of the legislature and ratified by a simple
  majority vote in a statewide election.
• Over 500 amendments have been made to the Texas
  Constitution since its adoption in 1876.

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A Critical Look at the Texas Constitution

• Governmental authority is fragmented at both the
  state and local levels
• The governor shares executive powers with
  numerous other elected officials (the plural
  executive).
• The executive function at the county level is
  also fragmented with the election of numerous
  constitutionally defined local administrative
  offices.
• Numerous limitations on the state legislature
  have hampered its performance and its ability to
  adapt to the increased demands of an urban,
  industrialized society.

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A Critical Look at the Texas Constitution

• The state functions with a complex, highly
  decentralized court system.
• Until federal intervention, the Texas
  Constitution permitted official policies of
  discrimination against key segments of the
  state's population.
• The constitution is excessively detailed with
  provisions that should be statutory rather than
  constitutional.
• There are obsolete provisions in the
  constitution.
• Its restrictive nature has required numerous
  constitutional amendments, and at the same time,
  the amendment process is much too easy and
  permits groups to incorporate provisions in the
  constitution to protect their interests.

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Review Questions

• What the impact of Reconstruction on the 1876
  Constitution and beyond?
• How are Executive Powers limited by the
  Constitution?
• How are Legislative Powers limited by the
  Constitution?
• How are Judicial Powers limited by the
  Constitution?
• What powers of Local Government are contained in
  the Constitution?
• How many amendments are currently in the Texas
  Constitution?

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Discussion Questions

• Why doesnt Texas reform the State Constitution?
• What areas in the State Constitution should be
  reformed? Which areas should be eliminated?
  Why?
• Should Initiative, Referendum, and Recall be
  extended beyond the local level within the State
  Constitution?