Evolution of the Texas Constitution: From Rebellion to Modern Principles

1. Chapter 2 – The Texas Constitution

2. Chapter 2: The Texas Constitution Learning Objectives 2.1 Identify the function of constitutions. 2.2 Explain the events that led to the Texas Declaration Independence. 2.3 Relate the goals of the 1836 Constitution to its outcome and reactions to it. 2.4 Differentiate between the 1845 Constitution and prior Texas Constitutions. 2.5 Analyze the goals of the 1860s constitutions. 2.6 Describe the principles of the modern Texas Constitution. 2.7 Outline the process for amending the Texas Constitution and attempts at constitutional change.

3. Constitutional Government • Constitution • Document that establishes principles, powers, and responsibilities of government • Bill of Rights • A formal declaration of the rights of the citizens within government • Social Contract • An agreement in which the governed give up freedoms in return for government protection

4. The Roots of Rebellion and the Declaration of Independence 1824 Mexican Constitution • Expanded settlement of northern Mexico territory using empresarios • Federal Republic: people rule indirectly through elected representatives • Each state was to create its own constitution

5. The Roots of Rebellion and the Declaration of Independence 1827 Constitution of the State of Coahuila and Tejas • Three branches of government • Freedom of speech • All Catholic • Limited voting rights to those who could read and employed • High point of liberty for Mexican colonists

6. The Roots of Rebellion and the Declaration of Independence Declaration of Independence • March 2, 1836 • Mexico abandoned the constitutional principles of the Constitution of 1824 • Compromised the republican principles of self-government and representation

7. The 1836 Constitution of the Republic • Voiced the ideals of frontier independence • Prohibition of monopolies for businesses • Separation of powers: system that vest political, judicial, and policymaking authority across different branches of government • Most authority in legislature • Aversion to centralized power

8. The 1836 Constitution of the Republic • Borrowed from US Constitution • Exceptions • No member of the clergy was eligible to serve in elected office • Required at least a “belief” in a higher power • Persons “holding an office of profit under the government” or holders of “public monies” were not eligible to serve in the legislature • Framework for ethical government within the state • Recognized right of free enterprise while prohibiting monopolies

9. The 1836 Constitution of the Republic • Slavery • Government cannot prohibit • Emancipated slaves must leave Texas • Strong linkage to slavery prevented entrance into the United States

10. The 1845 Constitution of the (New) State of Texas • Joining the United States • Slavery issue • Mexico threatened war • James Polk initiated Texas joining • Formal entry in December of 1845 • Needed a new state constitution

11. The 1845 Constitution of the (New) State of Texas (The Statehood Constitution) • Similar to Constitution of 1836 • Extended suffrage to those not holding property • Suffrage: right to participate in the electoral process by voting • Legislative Branch • Doors of legislative building physically kept open during sessions • Legislators paid $3 each day • More muscular judicial authority • Greater access to court system

12. The 1845 Constitution of the (New) State of Texas • Introduction of lieutenant governor • Selected by governor as a “running mate” • Many offices appointed by governor • Homestead Law • Came out of Constitution of 1845 • Prevents Texans from losing homes in event of bankruptcy or other financial problems • Settlers left creditors behind when came to Texas, did not want to lose homestead • Women allowed to own property if owned before marriage or acquired during marriage

13. Secession, Reconstruction, and The Constitutions of 1861, 1866, and 1869 • Decade of 1860s: Constitution rewritten three times • 1861 • Confederacy Constitution • 1866 • Readmission Constitution • 1869 • Reconstruction Constitution

14. The Constitution of 1876 (The Current Constitution) • Popular Sovereignty • The people rule through suffrage • Constitution extended suffrage to all males • Limited Government • Impact of government is kept as small as possible • Fragment executive branch • Plural executive: diffusion of authority and power throughout several entities in the executive branch • Separation of Powers • Each branch specializes • Greatest authority in Legislative Branch • Personal Rights and Liberties • Liberty, equality and freedom • Texas Bill of Rights

15. Amending the Constitution • Constitutional Amendments • 673 proposed since 1876 • 498 approved • Changes to state government that requires expanding state authority • Pass rate • Most amendments put to voters pass • On average 74 percent have passed

16. Amending the Constitution • Four Step Process for Amendments • Two-thirds of both houses of the legislature propose an amendment • Secretary of State and Attorney General approve • Voters have final say: majority must approve • Governor finalizes the new amendment with a proclamation

17. Recent Major Reform Attempts • Critics claim constitution is too long • Redundant, several outdated passages • Reads like a legal statute rather than a compact with citizens • Hamstrings ability of elected officials to efficiently manage public policy • 86,000 words • Expanded over time

18. Amending the Constitution • Four Step Process for Amendments • Two-thirds of both houses of the legislature propose an amendment • Secretary of State and Attorney General approve • Voters have final say: majority must approve • Governor finalizes the new amendment with a proclamation

19. Texas Takeaways • A Constitution implements a social contract between people, spells out rights and responsibilities, and sets rules of government • The two themes in each of Texas’s constitutions have been a commitment to individual rights and a strict separation of powers • The revoking of the Constitution of 1824, the high point of liberty granted to the colonists, became a rallying cry for the restitution of rights during the Texas Revolution

20. Texas Takeaways • The grievances contained int eh Texas Declaration of Independence include forced Catholicism, no trial jury, no education system, collection of weapons, incitement of Native American attacks • A separation of powers arranged responsibility between the legislative, executive, and judicial branches • The 1836 Texas Constitution limited the role of the chief executive but enhanced the role of free enterprise

21. Texas Takeaways • The 1845 Constitution extended popular control to state government to provide more voter control over state officials • The 1845 Constitution extended property right to married women. It also included the Homestead Law • The Constitution of 1861 took a strong position in favor of states’ rights • The Confederacy’s loss in the Civil War brought federal government control, along with specific rules, to former confederate states

22. Texas Takeaways • The Reconstruction Constitution was required to specify the equality of all person before the law, ratify the 14th Amendment, and decry the “heresies” of secession. The right to a public education was also first introduced. The right to vote was extended to African Americans • Distrust over centralized government, lack of local control of government, and a crime wave promoted a rewriting of the Texas Constitution in 1876

23. Texas Takeaways • There are four key principles of the current Texas Constitution: popular sovereignty, limited state government through local control, separation of powers, and personal rights and liberties • The rights granted by the Bill of Rights are inviolate and certify the rights that Texans possess under the constitution. The Bill of Rights has also expanded to include specific individual rights such as access to public land and restitution for victims of crime.

24. Texas Takeaways • The Texas Constitution is easy to amend. The Texas Constitution is frequently amended because it inherently restricts state power to those provisions outlined in the constitution • Critics of the constitution argue that it is too long, reads like a legal statute, and isn’t flexible in allowing local governments to act efficiently. Proponents of change have been largely unsuccessful in changing these points • Voters approve 74 percent of amendments and favor those that cut taxes especially