Chapter 2 The Texas Constitution

Texas Government Lone Star

Supremacy clause

The principle that the U.S. Constitution and federal laws are the supreme law of the land — state laws cannot override them.

Necessary and proper clause

Grants the federal government all authority it needs to carry out its enumerated powers. Texas drafters deliberately denied state officials such broad discretionary power.

Separation of powers

The division of government into three independent branches — legislative, executive, and judicial — each with distinct powers.

Checks and balances

A system that prevents any one branch of government from accumulating too much power by giving each branch ways to limit the others.

Plural executive

A system where executive power is shared among multiple independently elected officials, limiting any one person's (especially the governor's) power.

Black Codes

Laws passed under the 1866 constitution allowing freed men to own property and sue in court, but barring them from voting or holding public office.

Impeachment

A formal charge process by which a state official may be removed from office. The House charges; the Senate tries the case.

The Grange

An agrarian organization whose members made up 40 of the 90 delegates to the 1875 constitutional convention, heavily shaping the 1876 constitution's pro-farmer, limited-government values.

Limited government

The overriding principle of the 1876 Texas Constitution — written to prevent the expansion of governmental authority, making it difficult for officials to govern effectively.

530 amendments as of 2024, making it the second-longest state constitution in the U.S.

How many amendments does the Texas Constitution have?

Limited government — it was written specifically to prevent the expansion of governmental authority.

What is the overriding principle of the Texas Constitution?

It enables special interests to promote and protect their own agendas within the constrained governmental framework.

What is an unintended consequence of the Texas Constitution's strict limits on government?

The right to an "efficient system of public free schools" (public education)

What right does the Texas Constitution guarantee that the U.S. Constitution does not?

The Texas Bill of Rights is listed first (before describing government branches) and is much more detailed — e.g., Section 30 (1989) lists specific rights of crime victims.

How does the Texas Bill of Rights differ from the U.S. Bill of Rights?

Texas has had seven constitutions. The current one was ratified in 1876.

How many constitutions has Texas had and when was the current one ratified?

1) Strong popular control of government, 2) Limits on government powers, 3) Restraints on spending, 4) Promotion of agrarian/small farmer interests.

What were the four goals of the 1876 Texas Constitution?

\ Davis was given vastly expanded powers under the 1869 Reconstruction Constitution. The 1876 framers deliberately stripped the governor of those powers (plural executive, elected judges, part-time legislature).

Why was the 1876 constitution written as a reaction to Governor Edmund Davis?

Required by Congress, it extended voting rights and political equality to Black men (reflecting the 13th and 14th Amendments) and greatly expanded the governor's powers.

What did the 1869 Reconstruction Constitution do?

It accepted the abolition of slavery but imposed Black Codes — freed men could own property and sue, but could not vote or hold office. Congressional apportionment was based only on white male citizens.

What did the 1866 constitution do regarding race?

It resembled the U.S. Constitution; established a bicameral legislature, elected chief executive, and four-tiered judiciary; guaranteed white male suffrage; and explicitly defended slavery.

What characterized the 1836 Constitution of the Republic of Texas?

It was the first constitution as a U.S. state after annexation. Texas retained its vacant lands. It allowed Texas to break into up to four additional states if population warranted.

What was significant about the 1845 Texas Constitution?

The Bill of Rights. It is listed first to stress the limits on state power over individuals — before even describing the branches of government.

What does Article 1 cover and why is it listed first?

The Texas House (150 members, 2-year terms) and Texas Senate (31 members, 4-year terms). It also limits salaries and includes the Texas Ethics Commission.

What does Article 3 establish about the Texas Legislature?

The plural executive — six executive offices, five of which are independently elected. This limits the governor's power since other executives don't answer to the governor.

What does Article 4 create and why is it significant?

It creates an independent judiciary. Uniquely, Texas has two supreme courts — the Texas Supreme Court (civil) and the Court of Criminal Appeals (criminal). All judges are elected.

What does Article 5 establish about Texas courts?

Texas must support, maintain, and fund an efficient public school system and create a Board of Education. It also establishes the University of Texas and Texas A&M University.

What does Article 7 require regarding education?

Completely prohibited any individual income tax in Texas. This was formalized by Proposition 4 in the 2019 constitutional amendment election.

What did Article 8 do as of 2019?

Impeachment. Only two elected officials have been removed from office through impeachment and trial since 1876, and none in the modern era. The 2023 Paxton case showed how difficult and controversial the process can be.

What does Article 15 cover and what is notable about its use?

The four-stage amendment process: (1) legislature proposes, (2) two-thirds majority vote, (3) published twice in newspapers, (4) majority of voters must approve in a statewide election.

What does Article 17 establish?

1) Legislature proposes the amendment. 2) Two-thirds majority of both chambers approve it. 3) Explanation published twice in recognized newspapers. 4) Majority of voters approve in a statewide election.

What are the four stages of amending the Texas Constitution?

In odd-numbered years — the same years the legislature meets. Regular Texas and federal elections are held in even-numbered years.

When are Texas constitutional amendment elections held?

Amendments are voted on in off-years (odd years), and many amendments deal with minor or technical issues that don't motivate voters to turn out.

Why is voter turnout so low in Texas constitutional amendment elections?

It permanently prohibited an individual income tax in Texas by embedding it in the constitution. It was the most important and controversial of the 10 proposed amendments that year (9 passed).

What was Proposition 4 (2019) and why was it controversial?

Texas has one of the highest numbers of constitutional amendments of any state, with 530 as of 2024. Alabama has the longest state constitution overall.

How does Texas compare to other states in constitutional amendments?

Texas ranks 14th lowest, with a tax burden of 7.56% of income — higher than states like Florida (4th) and Tennessee (5th) despite having no income tax.

What is Texas's overall tax burden rank among no-income-tax states?