Introduction
•
Sub national Governments:
– State and local governments have been characterized by revitalization and
diversity since the 1960’s.
– States have become more active players in policymaking.
– States still remain diverse in their populations and policies.
State Constitutions
•
In General
– Each state has its own unique constitution.
– They are subordinate to the U.S. Constitution.
– State constitutions have more detail about specific policies.
– Specific interests work to protect their issues in the constitutions since it is harder
to amend them.
Constitutions
•
•
•
•
Constitutions establish a government’s structure and powers. What will it create?
– Parliamentary or separate executive?
– Unicameral or bicameral?
– Power of each branch?
– Selection method and term length?
– Checks and balances?
– Term length?
Every Constitution is a product of the experiences of those writing it.
U.S. Federal Constitution contains sections on:
– Congress may not grant letters of marque (authorizing privacy against other
countries)
– Nor grant titles of nobility
– Nor quarter troops in a private person’s home
Outdated sections, but very important to the Founders in 1789
The Seven Texas Constitutions
1827 - Constitution of Coahuila y Tejas
 1836 - Constitution of the Republic
 1845 - Constitution of 1845
 1861 - Civil War Constitution
 1866 - Constitution of 1866
 1869 - Reconstruction Constitution
 1876 - Texas Constitution
A State of Mexico:
The 1827 Constitution
•
•
•
•
•
•
Prior to its independence, Texas was governed as part of Mexico.
The 1824 Constitution of Mexico established a federal republic and provided that
each state should write its own constitution in 1827.
– Texas and Coahuila established a constitution in 1827.
Independence:
The 1836 Texas Constitution
Texas declared independence in 1836.
– Republic of Texas
Created a bicameral Congress
– House and Senate whose members were popularly elected
– Exercised powers similar to those of the U.S. Congress
Executive branch included a president and vice president
Judiciary consisted of courts at four levels: justice, county, district, and supreme
courts
The 1836 Texas Constitution
•
Included a preamble and:
– Incorporation of a separation of powers combined with checks and balances
– Recognition of slavery
– Definition of citizenship that precluded Africans, the descendents of Africans, and
Indians
– A Bill of Rights
– Adult male suffrage
A State of the United States:
The 1845 Texas Constitution
•
•
A new constitution was necessary when Texas ceased to be an independent republic
and joined the United States.
June 1845 — President Anson Jones
– Meeting to discuss annexation
– Drew up new state constitution which was ratified in October 1845
– Texas was the 28th state to join the U.S.
The 1845 Texas Constitution
• Noted as an extremely good constitution
– Straightforward, simple form
– Created a bicameral legislature (House and Senate) that met every two years
– Governor served a two year term
• Limited to serving no more than 4 years in any six-year period
• Appointed Attorney General and Secretary of State
– General Provisions: longest article
• Limited legislatures powers
– Created a public school system
– Allowed, but did not require, the emancipation of slaves
Secede and Join the Confederacy:
The 1861 Texas Constitution
•
•
Texas seceded from the U.S. in February 1861 (Civil War)
Convention to transition Texas into the Confederacy
– Replace the 1845 constitution
– Deleted provision that provided for the emancipation of slaves
– But other provisions regarding slaves and slave trade were not incorporated
Presidential Reconstruction:
The 1866 Texas Constitution
•
•
•
•
•
Southern States were occupied by Union military as conquered territories
President Lincoln (and successor, VP Andrew Johnson) interest was in rebuilding the
Union
Preferred easy and rapid return of the South to the Union
Healing of the wounds of war
The 1866 Texas Constitution
When Texas reentered the union after the Civil War, presidential Reconstruction
required certain changes to the state’s charter.
– Only white men could serve in the legislature
– Acceptance of abolition of slavery
– Also added series of narrowly adopted amendments
• Governor’s term increased to 4 years
• Governor prohibited from serving more than 8 years in a 12-year period
• Governor given a line-item veto
• Salaries increased
• State supreme court extended to 5 judges; elected to 10 year terms
Congressional Reconstruction:
The 1869 Texas Constitution
•
•
•
•
•
•
Also known as Radical Reconstructionists and Radical Reconstruction period
Many members of Congress wanted vengeance.
Blamed the South for
– Starting the Civil War
– Injury and death to friends
– Cost of the War
Congressional Reconstruction
Imposed additional requirements readmission of Southern States
Texas required to have another constitutional convention with delegates elected by all
male citizens over age 21 regardless of color or previous condition of servitude
Convention dominated by a slate of Republican delegates
•
Wrote a hasty constitution accepted by Union military leaders and eventually
approved by voters.
Radical Reconstructionist Dominance
•
•
•
Former Confederate officers (the experienced political leaders in the South) banned
from serving in any public office
Most were Democrats because the Republican Party was the party of Abraham
Lincoln and the Union
Leadership in the defeated South during Reconstruction was largely be Republicans
Republicans in Control
•
•
•
Republican coalition the South consisted of
– Carpetbaggers -- Northerners who moved to the South during Reconstruction,
1865-1877
• Dedicated reformers and northern abolitionists
• Businessmen buying up plantations or businesses
• Former Union soldiers seeking to make their fortunes
– Freedmen – freed slaves
– “Scalawags” – Southern whites more interested in making money than rebuilding
their states
How does a small group control the many?
A small group – the governor and state legislators – could control the state
government, but not all the counties, cities, and towns.
•
So, centralize power at the state level
•
•
•
•
The 1869 Texas Constitution
Created a strong and expensive state government
Increased the salary of state officials – governor and state legislators
All public education run by the state
Allowed the governor to appoint the attorney general and secretary of state
Other Centralization Features
•
Governor given the power by the Constitution or statutes passed by the Republicandominated legislature to:
– Declare martial law
– Create a state police force controlled by the governor
– Appoint mayors, district attorneys and hundreds of local officials
– Designate newspapers as official state printers – governor could dictate their
content
Texan (Democratic) Resurgence
•
Congress had lost interest in Reconstruction
•
•
•
1872, Democrats gained control of state legislatures
1873, elected Democrat Richard Coke as governor
Called for a new Constitutional Convention
Reasons for the 1876 Constitution
•
•
•
•
•
•
•
•
A reaction to Reconstruction
– 1869 constitution made many Texans angry
1869 constitution had led to Governor E.J. Davis’s regime
– Power had been centralized in the state government
– Education policies in the administration had led to rising costs in property taxes
Government under Reconstruction was so bad the 1875 Constitutional Convention
basically created an anti-government document
Government, particularly state government, is evil, but necessary
So, restrict it as much as possible
Constitutional Types:
Brief Basic Constitution
Brief basic (or liberal) constitution
Describes offices, how people are selected to serve in offices, and power of each
office
Examples from U.S. Federal Constitution
– Executive power resides in president who shall have a veto, but all government
agencies created later by the legislature
– Supreme court and such lower courts as Congress may establish
Constitutional Types:
Statutory Constitution
•
•
•
Includes excessive detail about government such as creating state agencies and
multiple levels of courts
Specifies details of government structure at all levels including counties and cities
Also includes actual policies
Democratic governor Richard Coke pleaded with the 1875 constitutional convention:
– “It will be found universally true that those state constitutions which contain the
smallest number of provisions, which adhere most closely to fundamental
declarations, and to fixing simply the boundaries, leaving the interior to be filled by
the enactments of the legislatures, have been the wisest and most enduring.”
The Statutory Decision
•
•
•
Instead, the 1875 constitutional convention opted for a statutory constitution
Why? To make sure Reconstruction never happened again.
How?
– Restricting political power and politicians
– Dispersing power very widely
– Setting some policies in the constitution
Statutory Constitution:
The Executive
•
•
Governor’s term limited to 2 years and salary cut
Governor is but one of many elected executives. Others include:
– Lieutenant governor
– Attorney general
– Commissioner of the General Land Office
– Comptroller
– And others
Statutory Constitution:
The Legislature
•
•
•
•
•
•
Meets only 140 days every TWO years
Pay (in 1876) of $5 per day, cut to about $2 per day after 60 days (discourage
“professional politicians – carpetbaggers and scalawags – from wanting to serve in
the legislature
Severe restrictions on many powers include what taxes could be used for
Included “dedicated funds” for many taxes
Statutory Constitution:
The Judiciary
Large number of courts identified in the constitution
– Two supreme courts
– Appeals courts
– State District courts
– County Courts at Law
– Country Constitutional Courts
– Justice of the Peace courts
Judges of all these courts elected to fixed terms of office
Statutory Constitution:
County Government
•
Every county will have an elected:
– Constitutional Court and Judge
– Sherriff
– District attorney
– Clerk
– Marshall
– Constable
– Justice of the peace
– And more
–
–
–
–
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Statutory Constitution:
Some Government Policies
PUF funding for UT and A&M
Maximum amount of welfare received
Operation of county hospitals in Ochiltree, Castro, Hansford, and Hopkins counties
Regulating expenditures for relocation or replacement of sanitary sewer laterals on
private property
• The Texas Constitution
Humbly invoking the blessings of Almighty God, the people of the State of Texas, do
ordain and establish this Constitution.
Articles:
1 - BILL OF RIGHTS
2 - THE POWERS OF GOVERNMENT
3 - LEGISLATIVE DEPARTMENT
4 - EXECUTIVE DEPARTMENT
5 - JUDICIAL DEPARTMENT
6 - SUFFRAGE
7 - EDUCATION
8 - TAXATION AND REVENUE
9 - COUNTIES
10 - RAILROADS
11 - MUNICIPAL CORPORATIONS
12 - PRIVATE CORPORATIONS
13 - SPANISH AND MEXICAN LAND TITLES (Repealed Aug. 5, 1969.)
14 - PUBLIC LANDS AND LAND OFFICE
15 - IMPEACHMENT
16 - GENERAL PROVISIONS
17 - MODE OF AMENDING THE CONSTITUTION OF THIS STATE
Sec. 1 Sec. 2
Sec. 3
Sec. 3a
Sec. 4
Sec. 5
Sec. 6
Sec. 7
Sec. 8
Sec. 9
Sec. 10
Sec. 11
Sec. 11a
Sec. 11b
The Texas Constitution
Article 1
BILL OF RIGHTS
FREEDOM AND SOVEREIGNTY OF STATE
INHERENT POLITICAL POWER; REPUBLICAN FORM
OF GOVERNMENT
EQUAL RIGHTS
EQUALITY UNDER THE LAW
RELIGIOUS TESTS
WITNESSES NOT DISQUALIFIED BY RELIGIOUS
BELIEFS; OATHS AND AFFIRMATIONS
FREEDOM OF WORSHIP
APPROPRIATIONS FOR SECTARIAN PURPOSES
FREEDOM OF SPEECH AND PRESS; LIBEL
SEARCHES AND SEIZURES
RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS
BAIL MULTIPLE CONVICTIONS; DENIAL OF BAIL
VIOLATION OF CONDITION OF RELEASE PENDING
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
TRIAL; DENIAL OF BAIL
Sec. 12
Sec. 13
Sec. 14
Sec. 15
Sec. 15-a
Sec. 16
Sec. 17
Sec. 18
Sec. 19
Sec. 20
Sec. 21
Sec. 22
Sec. 23
Sec. 24
Sec. 25
Sec. 26
Sec. 27
Sec. 28
Sec. 29
Sec. 30
Sec. 31
Sec. 32
HABEAS CORPUS
EXCESSIVE BAIL OR FINES; CRUEL AND
UNUSUAL PUNISHMENT; REMEDY BY DUE COURSE
OF LAW
DOUBLE JEOPARDY
RIGHT OF TRIAL BY JURY
COMMITMENT OF PERSONS OF UNSOUND MIND
BILLS OF ATTAINDER; EX POST FACTO OR
RETROACTIVE LAWS; IMPAIRING OBLIGATION OF
CONTRACTS
TAKING, DAMAGING, OR DESTROYING PROPERTY
FOR PUBLIC USE; SPECIAL PRIVILEGES AND
IMMUNITIES; CONTROL OF PRIVILEGES AND
FRANCHISES
IMPRISONMENT FOR DEBT
DEPRIVATION OF LIFE, LIBERTY, ETC.; DUE COURSE
OF LAW
OUTLAWRY OR TRANSPORTATION FOR OFFENSE
CORRUPTION OF BLOOD; FORFEITURE;
SUICIDES
TREASON
RIGHT TO KEEP AND BEAR ARMS
MILITARY SUBORDINATE TO CIVIL AUTHORITY
QUARTERING SOLDIERS IN HOUSES
PERPETUITIES AND MONOPOLIES; PRIMOGENITURE
OR ENTAILMENTS
RIGHT OF ASSEMBLY; PETITION FOR REDRESS OF
GRIEVANCES
SUSPENSION OF LAWS
PROVISIONS OF BILL OF RIGHTS EXCEPTED FROM
POWERS OF GOVERNMENT; TO FOREVER REMAIN
INVIOLATE
RIGHTS OF CRIME VICTIMS
COMPENSATION TO VICTIMS OF CRIME FUND;
COMPENSATION TO VICTIMS OF CRIME AUXILIARY
FUND; USE OF FUND MONEY
MARRIAGE
Impact of 1876 Constitution
•
•
A SUCCESS – Texans have never again suffered from a post Civil War
Reconstruction
But:
– Confusing and uncoordinated government
– Lacks flexibility for modern times
– Citizens must vote constantly on amendments
– Special interest provisions in Constitution
•
Changing the Texas Constitution
Amending the Texas Constitution
– Requires two-thirds support in each chamber of Texas legislature.
– The Secretary of State writes explanatory statements.
– The Attorney General certifies the amendment.
– Legislature prepares language for ballot, usually in November following a
legislative session.
– The majority of voters must approve it.
Some Amendments to the Texas Constitution submitted to the voters 2005
•
•
•
•
•
Defining economic development programs as not constituting debt
Clearance of certain land titles in Upshur & Smith counties
Funding created for Texas rail facilities
Add members to the State Commission on Judicial Conduct
Expand the terms of member of the regional mobility authority to six years
Some Amendments to the Texas Constitution submitted to the voters 2001
•
•
•
•
Resolving land ownership conflicts in Bastrop County
Allowing the state to sell bonds for colonia roads
Allows a four-year term for fire fighters' pension commissioner
Allowing the Water Development Board to issue bonds.
Some Amendments to the Texas Constitution submitted to the voters 1999 & 1997
•
•
•
•
•
•
•
•
•
•
Definition and allowance of advances under a reverse mortgage
Permission for political subdivisions to purchase nonassessable property insurance
Allows Municipal Court Judges to hold more than one office
Allows the Texas Supreme Court to sit anywhere in the State
Some Amendments to the Texas Constitution submitted to the voters 1995 & 1993
Clearing land titles in Fort Bend and Austin Counties
Abolish office of county surveyor in Jackson County
Abolish office of county surveyor in McLennan County
Modifying provisions for redemption of real property
Encumbrance fixed on homestead property for an owelty of partition
Abolish the office of constable in Mills, Reagan & Roberts Counties
Statutory Constitution Amendments
•
•
•
Are voters qualified or sufficiently informed to make these decisions intelligently?
In most governments these are dealt with via statutes – bills or laws passed by
legislators who study these matters
Hence the term, a “Statutory” constitution
Statutory Constitutions and Special Interests
•
•
•
Special Interest love statutory constitutions
A media campaign can persuade voters to approve adding to the constitution
protection for a selected group
Example: Proposition 12, 2003, heavily promoted by doctors, business interests, and
insurance companies limited the size of medical malpractice suits
Other Amendments over time
• 2001:
– Tax exemptions for certain cocoa and coffee held in Harris Co
– Exempting certain business equipment from property taxes
– Exempting certain travel trailers from ad valorem taxes
• 1999
– Exempting from ad valorem taxation leased motor vehicles
• 1995
– Exempting certain personal property & mineral interests from taxation
– Exempting from ad valorem taxation boats and other equipment
•
•
•
•
Amendment Frequency
Statutory constitutions require frequent amendments to change out-of-date provisions
And encourage others from special interests
U.S. Federal Constitution
– @ 220 years old, only 17 amendments since the Bill of Rights
Texas Constitution
– @ 130 years old, 439 amendments as of 2006
Amendment elections
•
•
Usually held in November of odd-numbered years
– Not the same time as when voting for president or governor
Voter turnout is very low
– Usually less than 10%
Rewriting the Texas Constitution
•
•
Has been tried many times
– As early as 1917 and as late as 1999
– None succeeded
Most significant attempt was 1974
– Revision convention failed because various special interests fought against losing
some favored protection
Never in the Texas Constitution
•
•
Initiative:
– proposed changes to laws be put on the ballot if enough signatures are collected
Referendum:
– voters approve or disapprove state legislation
•
•
•
•
Recall:
– voters may vote someone out of office
Texas Constitution acceptable for a small state
– limited population and limited needs
– Was fine for Texas in 1876
Texas is now the second largest state in the nation
– And larger than most foreign countries
Texas still does OK
– Not because of Constitution
– But IN SPITE OF Constitution