1
The Texas Constitution
I. What are the functions of constitutions?
1.) Above all, limit governmental power
2.) Provide a basic framework specifying how government is organized
a.) describe the institutional structure of a government
i.) offices and organizations of government
3.) Legally bestow governmental authority to political institutions and
actors
4.) Broadly guide the operations of government
a.) statutory law deals with the specifics of government activity
5.) Provide a means of changing government
a.) peaceful transfer of governmental power
b.) how to modify government to adapt to changing societal
conditions
6.) Establish individual liberties and rights and then protect them from
government interference
7.) Draw up criteria to determine whether someone possesses political
citizenship, along with the rights and duties that entail such citizenship
8.) In a way, outlines a manner of living for the people under that
constitution
a.) intertwines with the prevailing political ideas, values, and
beliefs, at the time, to spell out a political culture for that people
2
Constitutions are reflections at a given point in time of:
1.) The prevailing and shared values and beliefs of a people
2.) The overall environmental conditions and circumstances they face
3.) Political practices and perspectives of similarly situated governments
and their institutions
4.) The equilibrium of social, economic, and political forces in the polity
II. Texas has had 7 constitutions since 1827
1.) Constitution of Coahuila y Tejas (1827)  Texas was a Mexican
state
a.) Reflection of the area’s Spanish and Mexican socio-cultural heritage
b.) Served as a convenient buffer between Mexico and the Native
Americans of North America
c.) Catholicism was the official religion of the state
d.) Spanish was the official language of the state
2.) Constitution of the Republic of Texas (1836)  subsequent to AngloMexican conflicts over Texas and in the aftermath of Texas’
independence from Mexico, Texas became an independent country
a.) Established an bicameral congress with an elected president
b.) Slavery was legal
c.) Texas Congress regulated the migration of free blacks
3.) Constitution of 1845  Texas entered the U.S. as the 28th state
a.) Consisted of an elected bicameral legislature, governor, and
lieutenant governor, and appointed and Senate-confirmed executive and
judicial officials
3
b.) Included a stipulation that Texas could later divide itself into a
maximum of five states
4.) Civil War Constitution (1861)  Texas secedes from the Union and
enters the Confederate States of America
a.) Government officials pledge allegiance to the Confederate States of
America
b.) Texas became a one-party (Democratic Party) state
i.) except during the period of Reconstruction
c.) after Reconstruction, Democratic Party hegemony in state and local
politics, until the final decades of the 20th century
5.) Constitution of 1866  Texas’ temporary, military government to
transition its reentry back into the Union
a.) established by the predominantly Radical-Republican U.S. Congress
b.) Democratic citizenry under military rule and later under Republicanappointed civilian rule
6.) Constitution of Reconstruction (1869)  Congress imposes several
provisions that Texas must meet under Radical-Republican
Reconstruction
a.) Political power centralized in the hands of an appointed governor and
his appointed executive officials
b.) Weakening of local government
c.) The administration of appointed Radical Republican Governor E.J.
Davis was deemed abusive and tyrannical in its exercise of power
d.) Texans’ unpleasant experience under Governor E.J. Davis’
administration fueled a desire to limit executive power  this view
persists to this day
e.) Texas electorate voted against Governor E.J. Davis
4
f.) In 1874, Davis refused to leave the Governor’s office and finally left
under the Texas militia’s military threat to force him out of office
7.) Constitution of 1876  is still the current Texas constitution
a.) Returned state political power to Democratic forces
b.) Places various restrictions and constraints on state government,
particularly on the executive branch, to limit its political power
c.) Unlike the previous constitution, this one was considered legitimate
III. Underlying Principles of the Texas Constitution of 1876
1.) Popular sovereignty – the people have ultimate government power
and authority
2) Individualism – the people are  individuals who enjoy liberty,
equality, autonomy, and flexible interpersonal relationships, while
government power is to be limited
3.) Limited government – based on a strong skepticism of the power of
big government
a.) a corollary is that Texas government must run without a budget
deficit
4.) Separation of powers
a.) the powers and authority of the three branches – the
Legislature, Governor (Executive), and Judiciary – of the state
government are clearly specified
5.) Traditionalism – involves a relatively “conservative” worldview,
including preservation of tradition and aspects of elitism
5
IV. Problems with the Texas Constitution
1.) The Constitution is too statutory in nature
a.) too much detail and many conflicting stipulations
2.) Too much fragmentation of government authority and responsibility,
especially within the executive branch, can produce gridlock and
conflict
a.) Plural executive – the governor only appoints the secretary of
state while the other executive officials in the executive branch are
elected independently
b.) county governments may be plagued with political conflict and
tension that may lead to inefficiency and mismanagement
3.) Too many elective positions
a.) besides the plural executive and county governments, a host of
judiciary positions are also elective
4.) An amateur Texas legislature
a.) part-time
b.) low-paid
c.) not yet sufficiently professional
d.) relatively easily influenced by special interests
V. Only Incremental Constitutional Change
Unlike the U.S. Constitution, which consists of 7,000 words, the Texas
Constitution is a bit longer, containing over 76,000 words.
6
Amending the Texas Constitution  Proposals to amend the
constitution require two-thirds approval by the members of both houses
of the Texas legislature to submit to voters for approval or rejection
Also, while the U.S. Constitution has had 27 amendments, the Texas
Constitution has been amended over 400 times. As of 2003,
a.) a little over 600 amendments have been passed by the
legislature and proposed to the public
b.) approximately 432 proposed amendments have been approved
by the voting public
c.) approximately 174 proposed amendments have been rejected by
the voting public
Texas does not have the referendum or the initiative
The latest comprehensive efforts at constitutional reform took place in
1971 and 1975, and they were failed efforts
1.) Having state lawmakers do double-duty as constitutional delegates
warped incentives
a.) as time passed, lawmakers became more concerned with
reelection
b.) allowed special interests to influence the 1974 constitutional
convention
2.) Unclear whether all lawmakers were truly devoted to
comprehensively change the constitution
3.) Governor Dolph Briscoe may not have provided needed political
leadership on behalf of constitutional reform
7
4.) Special interest conflict, between labor and business, over “right-towork” provision
5.) Distrust of government and anti-government feelings of the times
raised doubts over the legitimacy of the whole constitutional reform
project and of big government in general
The Constitution has been amended at various times to shore up its
deficiencies
 Remove outdated passages
 Allow the Governor and key legislators to manage budget
emergencies in special sessions between legislative sessions
 To implement a state lottery
The Courts have affected school financing, forcing Texas government to
find ways to more equitably finance public education in Texas
Historically entrenched special interests have not supported changes
potentially harmful to their interests
Low voter turnout and low citizen interest increase the opportunities for
special interests, elites, and individuals of a higher socioeconomic status
to disproportionately influence the fate of constitutional amendments.