Chapter 2

Constitutional Government

• Outlines powers of government

  • example of the US Constitution

• Ideally brief AND flexible

  • explains how to structure power

• Fundamental provisions require less updating

  • constitutions are meant to say the fundamentals so they’re flexible to what the future requires

• Protect individual rights but remain relevant

• Founders’ checks on tyranny

  • tyranny- abuse of power

  • vicious or oppressive

  • use of force without a right to do so

  • (check recording)

• Federalism

  • the fancy word for “power sharing between different levels of government”

• Separation of powers

  • legislative, executive, judicial

• Popular sovereignty

  • one thing

  • think of a pie

  • splitting up responsibilities

  • but as a whole operates the government

• Texas modeled after US constitution

The Federal System of the United States

• Unitary system

• Confederal system

• Federalism

The Federal System of the United States

• Enumerated powers

• Implied powers

• State powers

• Concurrent powers

• Vertical Federalism

  • Definition

  • Supremacy clause

  • Reserved powers

• Horizontal Federalism

  • Definition

  • Privileges and immunities

  • Full faith and credit clause

  • Extradition

• The Evolving Idea of Federalism

  • Dual federalism

  • Cooperative federalism

  • Fiscal federalism

  • Unfunded mandate

• State-Local Power

  • The federal-state conflict mirrored on the state-local level

  • Dillon’s Rule

  • Home rule city

  • State infringes on local governments

Texas Constitutions

• Spanish Empire

• The 1827 Constitution of Coahuila y Tejas

• Limited rights in Mexico

• Mexican fears of Anglo immigration

• Immigration Rights

  • Texas’ complaints about Mexico

  • Mexico cracked down on immigration

  • Language barriers

  • Constitution designed for future citizens

• The Republic of Texas: The Constitution of 1836

  • Iconic in the mythology of Texas

  • Laws Influenced by the US Constitution

  • Free persons of color

  • Prohibited priests from holding office

  • Enslaved person population increased

  • Republic of Texas relatively short-lived

• Statehood: The Constitution of 1845

  • Changes to the new Constitution

  • Provisions that enforced inequality

  • Lincoln’s election

• Secession and the Confederacy: The Constitution of 1861

  • United States changed to the Confederate States of America

  • Slavery even stronger protection

• The First Reconstruction: The Constitution of 1866

  • Loyalty oath

  • Requirements for State readmission

  • Granted abolition but no suffrage

  • Short-lived due to Radical Republicans

• The Second Reconstruction: The Constitution of 1869

  • Reconstruction Acts

  • Prohibition of ex-Confederate involvement

  • Legitimacy of the process doubted

The Current System: Constitution of 1876

• Resentment toward northerners and Republicans (continued for 100 years)

• 1869 Constitution was hated - it was at odds with Texas’ dominant political culture

  • A sign of being on the losing side of the Civil War

  • Consolidated power at the state level, away from local

  • redeemer constitution is the constitution that heals the sins that the prev constitution had

• 1876 Constitution’s delegates largely farmers

• Popular sovereignty

  • Power derived from the people

• Separation of powers

  • No one branch holds all the power

  • In Texas specifically, the “plural executive”

• Checks and balances

  • Each branch can get in the others’ way

The Current System: Constitution of 1876

• Distrust of Government (prominent)

  • Taxation and debt rules for government

  • Limits to powers, terms, and salaries

  • Long ballot

    • Most political positions elected, not appointed

The Current System: Constitution of 1876

• The Legislative Branch

  • Part-time “citizen-legislature” ideal

    • Meets every other year for 140 days

    • Salary of $7,200 per year + per diem of $221 for 140 days legislature is in session

      • $7,200+(140*$221) = $7,200 + $30,940 = $38,140

    • Limited by constitution

  • Texas House has 150 members

    • 2 year terms

  • Texas Senate has 31 members

    • 4 year terms

  • Property taxes cannot be collected by state

  • Limits amount of property taxes local governments can collect

  • State income tax is forbidden - unless approved by majority of voters

• The Executive Branch

  • Governor’s power reduced and divided

  • “Plural executive”

    • 6 elected positions (excluding Sec. of State)

  • Limited power:

    • Shortened term to two years, reduced salary

    • Two-term limit (later amended to 4 year term and no term limit)

• Texas Judiciary

  • A variety of courts in the Texas judiciary

  • Elected judges, not appointed

Criticisms of the Texas Constitution

• Modern diversity and advancement

  • Growing Hispanic and Asian American populations

• Demographic changes

  • 1.5 million (1880s) to 29.5 million people (today)

• Economic changes

  • Farms/ranches (1880s) to aerospace and defense, telecommunications and computers, shipping, etc…

• How to move past Reconstruction version

  • Fjk

• Only wealthy become legislators

• Texan judge elections expensive

• Amending the Constitution

  • Approval process

  • Publishing requirements

  • Approved by simple majority

  • On ballot

• Constitutional Revision

  • Current constitution thoroughly criticized

  • Revision in the 1970s

  • 1998’s Ratliff-Junell proposal

  • Cost of frequent elections, rejected proposals

Winners and Losers

• Unyieldiing fundamental law

• Limits state power

• Long ballots overwhelming

• Difficult for average citizens

• Judicial elections contribute to overwhelming environment