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The Texas Constitution in Perspective

The Texas Constitution in Perspective. Chapter 2. Maxwell & Crain. The Texas Constitution in Perspective. Constitutions: Establish major governing institutions & assign them power Place implicit and explicit limits on the power assigned Promote legitimacy U.S. Constitution:

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The Texas Constitution in Perspective

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  1. The Texas Constitution in Perspective Chapter 2 Maxwell & Crain PPT by Teresa Nevárez

  2. The Texas Constitution in Perspective Constitutions: • Establish major governing institutions & assign them power • Place implicit and explicit limits on the power assigned • Promote legitimacy U.S. Constitution: • Establishes a division of powers • Delegated, reserved and concurrent powers • Expressed or enumerated powers • Supremacy clause • Full-faith and credit to public acts/records of other states

  3. The Texas Constitution in Perspective

  4. The Texas Constitution in Perspective The Texas Constitution: • One of the longest, most detailed and frequently amended • 2nd longest (90,000 words) • Alabama’s is the longest • 456 amendments • 4th most frequently amended • Reflects the concerns and the interest of people who wrote and amended it

  5. The Texas Constitution in History • Republic of Texas Constitution (1836) • 1st constitution after independence from Mexico • Established a unitary government • Presidents had a 3-year term limit • Constitution of 1845 • 2nd constitution • Prepared for admission to the U.S. • Governors served 2-year terms • Legislative sessions were biennial

  6. The Texas Constitution in History Constitution of 1861 • 3rd constitution • Texas became one of the Confederate states Constitution of 1866 • 4th constitution • Nullified session • Abolished slavery Constitution of 1869 • Centralized power in the hands of the governor • Extended the governor’s term to 4 years • Governor appointed major state officers, including judges • Established annual legislative sessions

  7. The Texas Constitution in History Constitution of 1876 • 6th constitution • Reflects conservative white reaction to the 5th constitution • Texas Grange represented about 40 out of the 90 delegates • 14 Republican delegates/ 76 Democrat delegates • Stripped most powers of the governor • Governor’s term limit was reduced to 2 years • Cut salaries of governing officials • Established biennial legislative sessions • Strengthened local governments

  8. Texas Constitution Today • 1876 Constitution is a reactionary document • Low salaries may discourage independent, high-caliber leaders • Restrictions may impede government from meeting needs of citizens • Governmental institutions became inefficient and ineffective • Bill of Rights (Article 1) • Prohibits discrimination based on sex • Guarantees victims’ rights • Prohibits monopolies • Provides greater equity in public schools • Expands free speech rights for private employees

  9. Texas Constitution Today Separation of Powers (Article 2) • A government with 3 branches • Checks and balances Legislative Branch (Article 3) • Bicameral legislature that meets biennially for 140 days • Special sessions last no more than 30 days

  10. How Does Texas Compare?

  11. Texas Constitution Today Executive branch (Article 4) • Governor is the head of this branch • Members include the governor, lieutenant governor, comptroller of public accounts, attorney general, commissioner of agriculture and commissioner of general land office • Relatively weak governor

  12. Texas Constitution Today Courts (Article 5) • Fragments the court system • Texas and Oklahoma are the only two states to have two courts of final appeal: Texas Supreme Court (civil matters) & Court of Criminal Appeals (criminal matters) • Very general qualifications for county judges and justices • Judges chosen in partisan elections • Vacancies are filled by the governor until the next election Local Governments • Counties (Articles 9 & 16) • Based on general law charters (versus home rule) • Establishes a plural executive

  13. How Does Texas Compare?

  14. Texas Constitution Today • Suffrage • The constitution limits suffrage for: • Those under 18 yrs. of age • Convicted felons • Individuals found mentally incompetent by a court of law • Initiatives, referendums and popular recall are not available statewide • Amending the Texas Constitution (Article 17) • Proposed by at least 2/3 of total membership of each house • 21 senators and 100 representatives • Ratified by simple majority of persons voting on amendment • 70% of proposed amendments have been ratified

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