Part 3, Section One- Texas Government

Constitution

The legal structure of a government, which establishes its power and authority as well as the limits on that power.

Separation of Powers

The division of governmental power among several institutions that must cooperate in decision making.

Checks and Balances

The constitutional idea that overlapping power is given to different branches of government to limit the concentration of power in any one branch.

Tyranny

According to James Madison, the concentration of power in any one branch of government

Federalism

A system of government in which power is divided, by a constitution, between a central government and regional governments.

Supremacy Clause

Article VI (6) of the U.S. Constitution, which states that the Constitution and laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision.

Necessary and Proper Clause

Article I, Section 8, of the U.S. Constitution; it provides Congress with the authority to make all laws “necessary and proper” to carry out its powers.

Unicameral

Comprising one body or house, as in a one-house legislature

Bicameral

Having a legislative assembly composed of two chambers or houses.

The Confederacy

Those southern states that seceded from the United States in late 1860 and 1861 and argued that the power of the states was more important than the power of the central government.

Presidential Reconstruction

A plan for reintegrating former confederate states back into the Union and freeing the enslaved people that placed mild demands upon the existing White power structure.

Congressional Reconstruction

The program put forward by Radical Republicans in Congress in 1867 that disenfranchised former Confederates and granted formerly enslaved people American citizenship and the right to vote.

Radical Republicans

A bloc of Republicans in the U.S. Congress who pushed through the adoption of suffrage for formerly enslaved people as well as an extended period of military occupation of the South following the Civil War.

Grange

A militant movement of the late nineteenth century that fought for improved conditions for farmers.

Limited Government

A principle of constitutional government; a government whose powers are defined and limited by a constitution.

Republican Government

A representative democracy, a system of government in which power is derived from the people.

Plural executive

An executive branch in which power is fragmented because the election of statewide officeholders is independent of the election of the governor.

Impeachment

The formal charge by the House of Representatives that leads to a trial in the Senate and the possible removal of a state official.

Texas Constitution

The fundamental law of Texas within the U.S. federal structure that establishes government, defines governing powers, and imposes strict limitations.

• Subordinate only to the U.S. Constitution, federal laws, and treaties ("supreme law of the land").

Current Texas Constitution (7th Constitution)

Texas’s active constitution, which is six times the length of the U.S. Constitution.

• Has been amended over 400 times because framers spelled out policymaking powers and limits in minute detail.

• Functions like a "code of laws" rather than a fundamental instrument of government, making it rigid and easily outdated.

Constitution of Coahuila y Tejas (1828)

Texas's 1st constitution, featuring a unicameral legislature with 12 deputies (Texas held 2 of the 12 seats as 1 of 3 districts).

• Incorporated Spanish legal traditions such as community property and homestead protection.

Constitution of the Republic of Texas (1836)

Texas's 2nd constitution, created after declaring independence; a brief document (~4,500 words) modeled after the U.S. Constitution.

• Expressly legalized slavery and the free importation of slaves from the United States

Constitution of the State of Texas (1845)

Texas's 3rd constitution, created when Texas joined the Union; widely considered the most respected of Texas's constitutions.

• Allowed Texas to retain ownership of its public lands and granted the right to divide itself into up to five separate states.

Confederate Constitution of 1861

Texas's 4th constitution, enacted after a popular vote approved secession.

• Replaced all references to "the United States" with "the Confederate States" while retaining prior laws that didn't conflict with the CSA.

Constitution of 1866

Texas's 5th constitution, aimed at making modest changes to re-conform to the U.S. Constitution after the Civil War.

• Never put into effect due to conflicts between Radical and Moderate Republicans over the validity of CSA-era laws.

Radical Republican Constitution of 1869

• Texas's 6th constitution, written after Texas v. White (1869) ruled secession illegal and former Confederates were barred from voting.

  • Centralized state government, created a strong governor with a 4-year term who appointed judges, and mandated annual legislative sessions.

Constitution of 1876 (Framers' Intent)

Written by 90 delegates (mostly Democrats) reacting directly against the strong, centralized administration of Governor E. J. Davis.

• Intended to severely restrict government power and control policymaking by cutting salaries, placing limits on property taxes, and restricting state borrowing.

Texas Bill of Rights (Article I)

Contains protections not found in the U.S. Constitution, such as an Equal Rights Provision (prohibiting sex-based discrimination).

• Expressly forbids the suspension of the writ of habeas corpus under any circumstances.

Texas Legislative Branch Restrictions (Article III)

Establishes a bicameral body with short regular sessions limited to 140 days in odd-numbered years only.

• Requires a voter-approved constitutional amendment to change the $7,200 legislator salary.

• Mandates bills be read 3 times unless 4/5 of the chamber waives the rule.

Texas Plural Executive (Article IV)

An executive branch divided among multiple independently elected officers to limit gubernatorial power.

• Blurs administrative responsibility and accountability, though the Governor retains line-item veto power.

Bifurcated High Court System (Article V)

Texas’s dual highest court system consisting of:

1. Texas Supreme Court: Handles civil matters.

2. Court of Criminal Appeals: Handles criminal matters.

Constitutional Amendment Process in Texas

The two-step process required to alter the Texas Constitution:

1. Proposal: Must pass by a 2/3 vote in the Texas Legislature.

2. Ratification: Must be approved by a simple majority vote of Texas voters.