GT02_Texas_Constitution_updated

Chapter 2: The Texas Constitution

Chapter Objectives

• Identify the main functions of state constitutions.

• Describe the seven Texas constitutions and their role in Texas political life.

• Analyze the major provisions of the Texas Constitution today.

• Describe modern efforts to change the Texas Constitution.

Role of a State Constitution

• Purpose: Establish institutions and specify broad rules and laws governing the state.

• Fundamental Questions:

  • What should be included in a constitution versus regular laws?

  • Must a constitution always be followed?

  • How to ensure it remains a living document?

• Even outdated constitutions, like the U.S. Constitution, still apply to contemporary society.

Functions of State Constitutions

• Legitimacy: Explain sources of authority for state institutions.

• Delegation of Power: Specify what powers institutions are allowed to perform.

• Prevention of Power Concentration: Divide power among branches.

• Citizen Rights Limitation: Define citizens' rights to limit power.

• Texas Constitution Influences: Influenced by federal principles, such as:

  • Power derived from the people

  • Division of powers into legislative, executive, and judicial branches.

  • Checks and balances limit power and ensure individual rights.

  • Federalism with shared power between national and state governments.

Federalism

• Supremacy Clause: The U.S. Constitution and federal laws are the supreme law of the land.

• Necessary and Proper Clause: Grants federal government authority to enact laws; missing in Texas Constitution, leading to fewer implied powers.

Texas Constitution Today

• Current Issues:

  • Considered outdated, poorly structured.

  • Over 530 amendments compared to 27 for the U.S. Constitution.

  • Lengthy at 92,000 words compared to U.S.'s 7,000.

  • Micromanagement: difficult to overhaul but easy to amend.

Historical Constitutions

Constitution of Coahuila y Tejas, 1827

• Texas declared a Mexican state after independence from Spain.

• Features:

  • Unicameral legislature & centralized executive power.

  • Catholicism as state religion.

Constitution of the Republic of Texas, 1836

• Resulted from tension with Mexico regarding rights and governance.

• Adopted after Texas Declaration of Independence.

• Features:

  • Separation of powers, white male suffrage.

  • No established state religion.

  • Community property rights.

Texas State Constitution of 1845

• Established during U.S. annexation.

• Features:

  • Military armaments transfer to the U.S.

  • Elected positions including governor and legislature.

  • Women's property rights guaranteed.

Confederate Constitution of 1861

• Adopted during secession; emphasized slavery.

• Similar to 1845 Constitution with few alterations.

Constitution of 1866

• Minimal demands for rejoining the Union.

• Features:

  • Abolished slavery, rejection of secession.

  • Established legislature and executive spaces with salary increases.

Reconstruction Constitution of 1869

• Resulted from external pressures and military governance.

• Features:

  • Expanded powers for state governance, annual legislative sessions.

  • Addressed black suffrage and established centralized education.

Constitution of 1876

• Established in response to abuses from previous governance.

• Goals:

  • Strong popular control, limited government powers, and support for agriculture.

  • Established plural executive and limited taxation.

The Texas Constitution of Today

• Long, detailed, and over-amended (total 530 amendments).

• Emphasizes limited government and multiple elected officials.

Comparisons with Other States

• Length and Amendments:

  • Texas has one of the longest constitutions and the most amendments among states.

Major Constitutional Articles in Texas

• Article 1: Bill of Rights - Emphasizes limits on state powers.

• Article 2: Separation of Powers - Establishes three branches of government.

• Article 3: Legislature - Details structure and operations of the legislative body.

• Article 4: Executive - Roles of independently elected officials.

• Article 5: Judicial Department - Structure of court systems, electoral processes for judges.

• Article 8: Taxation - Framework for state revenue and income tax.

• Articles 9 & 11: Local Government - Governance of counties and municipalities.

Amendment Process

• 4 Stages:

  1. Proposal by the legislature.

  2. Approval by 2/3 of each chamber.

  3. Publication in newspapers.

  4. Approval by majority of voters.

• Low voter turnout affects actual amendments.

Recent Constitutional Amendments

1. Poll Tax Amendments: Shifted voting limitations.

2. Equality Under Law: Extended protections against discrimination.

3. Marriage Definition: Defined marriage strictly as a union between a man and a woman.

4. Prohibition of State Income Tax: Prevented income tax in Texas.