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The Texas Constitution

The Texas Constitution. What is a Constitution?. Written document outlining specific institutions that a society uses to achieve objectives Defines who can participate in collective decisions and who can hold elective office. Comparative Perspective.

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The Texas Constitution

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  1. The Texas Constitution

  2. What is a Constitution? • Written document outlining specific institutions that a society uses to achieve objectives • Defines who can participate in collective decisions and who can hold elective office

  3. Comparative Perspective • Most constitutions are brief and include legal principles • Constitutions should grant authority to specific institutions and leave details to statutory law • Should provide for orderly change, but not be so restrictive as to require continual amendments

  4. Comparative Perspective • U.S. Constitution has been amended only 27 times in 212 years • Contains about 7,000 words • Texas Constitution contains 80,000+ words • Has 432 amendments

  5. Coahuila y Tejas (1827) • Anglo colonization appeared to be willing to be incorporated into Mexico as long as no intrusion into daily affairs • In 1824 the Republic of Mexico adopted a constitution for a federal system of government that recognized Texas as a state with Coahuila, its southern neighbor

  6. Coahuila v. Tejas (1827) • Saltillo, Mexico became the capital • Each state was permitted to develop a constitution, which occurred in 1827 • Unicameral congress of 12 elected deputies, two from Tejas • Since most legislators were from Coahuila, and laws were in Spanish, few Texas colonists understood

  7. Coahuila y. Tejas (1827) • Executive included Governor and Vice-Governor – Governor enforced the law, led the state militia and granted pardons • Catholicism was made state religion, although not enforced among Tejas settlers • Anglos were not subject to military service, taxes or customs duties

  8. Coahuila y Tejas (1827) • Mexico attempted to extend control over Tejas • Elements of the Mexican legal system can still be found in our property and land laws, water laws and water rights, and community property laws • Local control over education arose out of Mexican failure to provide central funding

  9. Republic of Texas (1836) • Mexican enforcement of laws produced conflict in cultures, legal traditions and economic interests • Internal dissension in Mexico really propelled the Texas independence movement • Santa Anna suspended constitutional powers in 1835 and adopted unitary constitution with power centralized on the national congress and presidency

  10. Republic of Texas (1836) • Several Mexican states supported federalism, but Texas was the only one to escape harsh military retaliation • Stephen F. Austin had supported Mexican statehood, but when troops invaded he called for resistance • 59 colonists convened to declare independence on March 2, 1836 at Washington-on-the-Brazos

  11. Republic of Texas (1836) • Constitution had two main interests: preservation of the new “nation” and themselves • Wasn’t cluttered with details • Drew heavily from the U.S. Constitution and from southern states (54 of 59 delegates were from the South)

  12. Republic of Texas (1836) • Provided for bicameral congress and president • Slavery was legalized, but only for those purchased from U.S. • Free African-Americans had to have permission to leave the state • Following San Jacinto, there was no viable government in place, no money to run it, nor parties to field candidates

  13. Constitution of 1845 • Some early overtures by some Texans for annexation, but blocked by slavery • Increasing population, interest among Texans and U.S. expansion created new pressure for annexation • Important election issue in 1844 and election of James Polk accelerated move to statehood

  14. Constitution of 1845 • Annexation bill included compromise permitting slavery to continue • Constitution of 1845 was drafted to allow annexation and was twice as long as 1836 document • Borrowed from its predecessor as well as southern states

  15. Constitution of 1845 • Provided for bicameral legislature to meet biennially • Elected Governor and Lieutenant Governor • Governor appointed Secretary of State, Attorney General, and State Judges, all subject to Senate confirmation

  16. Constitution of 1845 • Legislature chose Comptroller, Treasurer and Land Commissioner • In 1850, amendments made most state offices elective • State was following a national trend of fragmenting the executive powers of government

  17. Constitution of 1845 • Plural executivestill exists where all state officeholders (other than Secretary of State) are independently elected • Private homesteads were protected from foreclosure • Separate property rights for married women

  18. Constitution of 1845 • Permanent fund for support of public schools • Slavery recognized • Prohibition against state-chartered banks • Couldn’t hold public office if you’d participated in a duel

  19. Civil War Constitution (1861) • Revised when Texas seceded from the Union, just before the Civil War began • Most of 1845 document was retained • Significant changes as a result of membership in the Confederacy • Elected officials had to support Confederate constitution • Greater protection for slavery • Freeing of slaves prohibited

  20. Civil War Constitution (1861) • Two-party system destroyed by slavery issues and factional Democratic party controlled for more than 100 years • Despite Union victory, southern states retained confederal view of state government, where state could secede at any time – led to states’ rights view

  21. Constitution of 1866 • Texas came under control of military, then provisional government headed by A.J. Hamilton, former Congressman • Lincoln’s plan of reconstruction envisioned rapid return to civilian government • Required abolition of slavery, repudiation of secession and repudiation of Confederate debts and obligations

  22. Constitution of 1866 • Texas voters amended 1845 constitution as required, including legal rights of a jury for African-Americans • No African-American could testify in any case involving Anglos • No voting rights for African-Americans

  23. Constitution of 1866 • Radical Reconstructioniststook control of Congress in 1866 • Texas’ Constitution was invalidated • Reconstruction Acts were passed over President Johnson’s veto, establishing military governments throughout the South

  24. EDMUND J.DAVIS Governor of Texas 1870-1874 Constitution of Reconstruction (1869)

  25. Constitution of Reconstruction (1869) • Slate of delegates to new constitutional convention produced a new document which did not reflect majority Texas sentiment at the time • More power was centralized in state government and local government was weakened

  26. Constitution of Reconstruction (1869) • Governor was given four-year term and the power to appoint top state officials • Annual legislative sessions • African-American vote • Statewide centralized system of public schools

  27. Constitution of Reconstruction (1869) • In 1869 election, Davis beat Hamilton by less than 900 votes out of nearly 79,000 • Governor was given power to declare martial law and suspend laws in any county • A state police force was created under the Governor’s control

  28. Constitution of Reconstruction (1869) • As a result of the abuse of power, Texas elected a Democratic legislative majority in 1872, which abolished the state police and repealed other repressive laws • In 1873, Richard Coke defeated Davis 2-1 for Governor, although fraud was again rampant • Davis refused to leave, but gave up after the Texas Militia showed up

  29. Constitution of 1876 • Delegates to 1875 constitutional convention were all men – 75 Democrats and 15 Republicans • Majority of delegates were white, with only 6 being African-American (all of whom were Republicans) • Only four were native Texans – the largest group (19) came from Tennessee (the “breeding ground”)

  30. Constitution of 1876 • 30 delegates had served in the Texas Legislature • 2 had been U.S. Congressmen; 2 had been in the Confederate Congress • About half of the delegates had been members of the Society of the Patrons of Husbandry, or the Grange

  31. General Principles • Constitution is based upon popular sovereignty, the concept that all political power is vested in the governed • Provides for limited government • Contains separation of powers for the three branches of government • 17 Articles, including Article I, the Bill of Rights

  32. General Principles • Reacting to the Davis administration, the authors took separation of powers to the extreme • Legislature is made up of 31-member Senate and 150-member House, meeting in odd-numbered years • Article III’s 65 sections set forth in detail the powers granted and restrictions imposed

  33. Weaknesses & Criticisms • Plural executive can result in differences of party, philosophy and can produce tension and gridlock • Governor’s power is further diffused through boards and commissions which set policy for executive branch agencies not headed by elected officials

  34. Weaknesses & Criticisms • County government, which is an agency of the state, is fragmented, leading to inefficiency • Long ballots are required for all these elected positions, meaning that some voters give up before getting to the end • Low-paid, part-time Legislature

  35. Constitutional Change • Texas ranks second (among the megastates) and third (nationally) in number of amendments • Relatively easy method of amending has helped meet changing needs but has also added thousands of words • Only thirty-one years since 1876 that voters haven’t been asked to amend

  36. Constitutional Change • Legislature has recently used amendment process for “political cover,” e.g. parimutuel betting, banning an income tax • Change can come from Constitutional Convention, which can be called by the Legislature with approval of the voters

  37. Reform Efforts • 1974 had a Constitutional Convention with elected House and Senate members as delegates • Session ended three votes short of two-thirds vote necessary to send to voters for ratification

  38. Reform Efforts • Failure was attributable to many factors • Governor Briscoe was a “no-show” • 181 members made it too big • Minority (“cockroaches”) didn’t want it • County judges feared loss of power • UT and TAMU systems worried about PUF • Gambling • Right-to-work

  39. Reform Efforts • 1975 Legislature streamlined the 1974 document, took out some controversial issues, and presented eight propositions to the voters, all of which were rejected • Between 1975 and 2003, 203 amendments have been approved by the voters

  40. Recent Revisions • Lottery • Budget authorization for Governor and legislative leaders between sessions • Treasurer’s office abolished • Increased homestead tax exemption • Home equity lending

  41. Future • Less than 20% of voters vote in amendment elections (12% in 2003) • Interest groups diligently protect their concerns • Courts have taken a more active role in interpreting the Constitution (Edgewood case involving school financing)

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