The Texas Constitution

1. The Texas Constitution

2. The Functions of a State Constitution • Legitimate state political institutions • Delegate power between the branches and levels of government • Prevent the concentration of political power by providing a system of checks and balances • Limit political power

3. Similarities Between Constitutions • Power is reserved to the people • Political power divided into three branches • Checks and balances • Federalism

4. Constitutional History • The Constitution of 1827 was written following Mexico’s independence from Spain • The Constitution of 1836 was written as Texas won its independence from Mexico • The Constitution of 1845 was written as Texas was admitted as a state • The Constitution of 1861 was written following secession • The Constitution of 1866 was written following readmission to the union • The Constitution of 1869 was written in response to reconstruction

5. The Constitution of 1876 • The Constitution of 1876 was drafted to prevent another government such as E.J. Davis Reconstruction Administration • The Constitution of 1876 was dominated by members of the Texas Grange who radical farmers and ranchers that viewed government as a necessary evil • Government would be extremely limited under the new constitution • Still contains elements of Spanish and Mexican Land and Water Law

6. The Constitution of Texas TodayA Weak Government • Article I: Bill of Rights • Article II: The Powers of Government • Article III: Legislative Department • Meets for 140 Days Every Other Year (Odd Numbered Years 2005, 2007, 2009) • Low Legislative Salaries • Article IV: Executive Department • Governor and Plural Executive • Weak Governor has limited powers (call special session, veto, line-item veto) • Plural Executive Elected in statewide elections • Article V: Judicial Department • Judges elected in partisan elections • Article VI: Suffrage • Denied the right to vote to idiots, lunatics, paupers and felons • Article VII: Education • Article VIII: Taxation and Revenue with Balanced Budget Requirement • Articles IX and X: Local Government

7. Legislative Branch • Weakened by • Meets for 140 Days Every Other Year in Odd Numbered Years (2005, 2007, 2009, 2011) • Low Legislative Salaries • Balanced Budget Requirement

8. Executive Branch • Weakened by • Weak Governor has limited powers (call special session, veto, line-item veto) • Plural Executives elected in statewide elections • Attorney General • Land Commissioner • Agriculture Commissioner • Lt. Governor • No Pocket Veto • Line Item Veto allows Governor to veto specific items in the budget

9. Judicial Branch • Weakened by • Judges elected by voters • Two Supreme Courts • Texas Supreme Court for Civil Matters • Texas Court of Criminal Appeals for Criminal Matters

10. Amending the Texas Constitution • Texas Constitution has been amended over 400 times and counting • Second longest in the nation • Amendment By: • Proposal by Legislature • Ratified or Approved by Voters in Statewide Election • Reform attempts to draft “modern” constitution have failed for fear of state income tax