State Constitution

1. State Constitution

2. Roots of State Constitutions • people of each state can create the type of government they wish (limitations of U.S. Constitution) • adopted in convention • ratified by people

3. Parts of state constitutions: • preamble • bill of rights

4. articles providing for separation of powers • type of legislature (bicameral or unicameral) • executive department • independent judiciary with power of judicial review

5. form and powers of local units of government • article on how to amend Constitution • miscellaneous procedures

6. Rigidity of State Constitutions • More detailed than U.S. Constitution • Longer, less flexible • Prescriptive

7. Limits discretion of public officials • Out of date • Limits lawmakers to act on problems • Constitutional amendments for changes

8. Texas Constitution

9. Texas • One of longest and most restrictive state constitutions • 2005 -- 432 Amendments • 93,000 words • reflects interests and concerns of original writers

10. History • 1869 • constitutional convention held in 1868 • centralized state power for governor • lengthened gubernatorial term to 4 years • governor to appoint major state offices and judges

11. annual legislative sessions • weak local government • centralized public school system

12. Reflected little fear of centralized government power • fear was to later become the hallmark of Texas government • constitution ratified in 1869

13. Era regarded as most corrupt and abusive in state’s history (E.J.Davis) • misappropriation of public funds • wasteful public programs

14. landowner’s refusal to pay high property taxes • result of these actions was increased public debt

15. Law and order collapsed • desperados • Native Americans

16. Tyranny • militia and state police maintain powerful political machine

17. Davis ousted by Coke and supporters singing “Yellow Rose of Texas”

18. Reconstruction: • progressive programs • protected political and civil rights of former slaves • bitter memories for state -- humiliating, corrupt, extravagant, tyrannical

19. Retrenchment and Reform • Democrats determined to strike “at the heart of big government” • Constitutional convention in 1873

20. frugal tone reflected in final constitution • cut salaries for governing officials • placed strict limits on property taxes • Restricted state borrowing

21. restricted power granted to government officials • most of governor’s powers stripped • term reduced to 2 years; salary cut

22. attorney general and state judges elected rather than appointed by governor • legislative sessions to be held every 2 years with limited length of sessions

23. legislative procedure detailed in constitution • restrictions placed on types of policies legislature might enact

24. numerous public policies written into constitution • statute-like

25. Local government strengthened • counties given many administrative and judicial functions of the state

26. tone of convention was a reaction to abuse of state power by denying it • voters ratified state Constitution of 1876 • remains in use today

27. Constitution Today • Not a living constitution • no flexibility built in • not serving current problems and concerns

28. Bill of Rights and Fundamental Liberty • Texas Bill of Rights provides additional rights (Article I)

29. prohibits sexual discrimination • guarantees victim’s rights • forbids imprisonment for debt

30. forbids committing mentally ill for extended periods of time without jury trial • prohibits suspension of writ of habeas corpus

31. protects homesteads • prohibits garnishment of wages (except child support)

32. Statutory Law: • no polygraph tests for public employees • worker’s compensation for farm workers • expanded free speech for private employees

33. Provides more protection than most other state constitutions

34. Separation of Powers • Legislative branch • Executive branch • Judicial branch • system of checks and balances

35. each branch can influence the other branches • each has separate functions • some sharing of power

36. Legislative Branch • Bicameral legislative body • Senate -- 31 members • 4 year terms • House of Representatives -- 150 members • 2 year terms

37. Have biennial regular sessions • 140 days in odd years • important legislation receives inadequate attention • many bills ignored • Special sessions called by governor

38. Policy-making • Constitution through legislative statute • Statute-like details changed by constitutional amendment

39. Distrust of legislature makes it difficult for state to adapt and change

40. Executive Branch • Article IV -- governor heads executive branch • 4 year term • More severe constitutional restrictions on power of office

41. Plural executive • divides executive powers among several offices: • governor • lieutenant governor • attorney general

42. comptroller of public accounts • commissioner of general land office • railroad commissioners

43. Powers granted specifically to governor • appointive powers • veto • item veto on appropriations • legislative special sessions

44. Governor relatively weak office in Texas

45. Courts • Article V fragments court system • 2 courts of final appeal • Texas Supreme court -- civil appeals cases • Court of Criminal Appeals --criminal appeals cases

46. Other courts provided for by Constitution: • court of appeals • district, county, and justice of the peace courts

47. Judges chosen in partisan elections • generally not desirable • becomes a politician • may not apply laws uniformly

48. Local Government • Constitution provides for counties’ rigid organizational structure • provide many functions for state • Cities with population over 5,000 may adopt home-rule charters

49. Suffrage • Function of state and local governments • Set suffrage requirements and administer elections (Article VI) • denies idiots, lunatics, paupers and those convicted of a felony the right to vote in state and municipal elections

50. Lack of voter participation at state level • Local level election can include • initiatives • registered voters can propose statutory or constitutional changes by petition