Texas Constitution
PSCI 1040 – U.S. & Texas Government
Functions of State Constitutions
y Set forth the structure and organization of the government
y Limit the powers of government and protect the rights of
citizens
2
Texas Constitution
U.S. Constitution Compared to State
C
Constitutions
tit ti
y U.S.
y Brief
Bi f
y Broad and general
y Bill of rights added as set of
amendments
d
3
Texas Constitution
y State Constitutions
y Long
L
y Specific & detailed
y Bill of rights often comes first
State Constitutions Tend the Reflect the
Problems of the Time When They Were Written
y If there was a problem that concerned people in the period,
the state constitution would be written to try to prevent its
recurrence
4
Texas Constitution
Early National Period
y Predominate problem was fear of the executive
y Constitutions tended to set up a system of legislative
supremacy.
5
Texas Constitution
Post Civil War Period
Post-Civil
y Corruption and abuse of power were common in state
governments.
y Constitutions written in this period were designed to limit
the power of government and the potential for officials to
abuse their power.
6
Texas Constitution
I t
Interest
t Groups
G
and
d Constitutional
C
tit ti
l Detail
D t il
y Interest groups may contribute to constitutional detail by
seeking to place provisions that benefit them in the
constitution.
y Benefits written into the constitution are harder to abolish
than those in statutes.
7
Texas Constitution
Six Constitutions Over Texas
y 1836 – Constitution of the Republic of Texas
y 1845 – Constitution adopted when
hen Texas
Te as joined the union and
y
y
y
y
8
became a state
1861 – Constitution adopted when Texas became a member of the
Confederate States
1866 – First Reconstruction Constitution (rejected by U.S.
Congress)
1868 – Second
S
d Reconstruction
R
t ti C
Constitution
tit ti
1876 – End of Reconstruction Constitution (still in effect)
Texas Constitution
Texas Constitution of 1876 Has Problems
Typical of Post-Civil War Constitutions
y Long and detailed, to limit the options available to officials.
y Weak
W k powers ffor governors
y Limits on legislatures
y Tendency to make offices elective, rather than appointive
y Detailed judicial provisions
y Overly specific provisions for local government, especially county
governments
9
Texas Constitution
O
Overview
i off th
the Texas
T
C
Constitution
tit ti
y Article I – Bill of Rights
y Article II – Powers of Government (separation of powers)
y Article III – Legislative Department
y Article IV – Executive Department
y Article V – Judicial Department
y Article VI - Suffrage
10
Texas Constitution
O
Overview
i off th
the Texas
T
C
Constitution
tit ti
y Article VII – Education
y Article VIII – Taxation and Revenue
y Article IX – Counties
y Article X – Railroads
y Article XI – Municipal Corporations
y Article XII – Private Corporations
p
y Article XIII – Spanish & Mexican Land (repealed August,
1969)
11
Texas Constitution
O
Overview
i off th
the Texas
T
C
Constitution
tit ti
y Article XIV – Public Land and Land Office
y Article XV – Impeachment
y Article XVI – General Provisions
y Article XVII – Mode of Amending the Constitution
12
Texas Constitution
Consequences of Long, Detailed
C
Constitution
tit ti
y Detailed constitutions cause judges to follow a strict
constructionist approach to interpretation
y Constitution changes little by judicial interpretation
y Amendments
A
d
come regularly
l l
13
Texas Constitution
A
Amendments
d
t tto Texas
T
Constitution
C
tit ti off 1876
y As of 2007 (80th Legislature), the Texas Legislature has
passedd a total
t t l off 632 amendments
d
t
y 440 have been adopted
y 176 have been defeated by Texas voters
y Thus, the Texas Constitution has been amended 440 times
since its adoption in 1876.
14
Texas Constitution
C iti i
Criticisms
off TTexas C
Constitution
tit ti off 1876
y Remains a 19th century constitution that does provide adequate
ffoundation
d i ffor governing
i in
i the
h 21st century.
y The numerous amendments have added to the disorganization in
the constitution
y Makes it difficult for any of the three branches to function
effectively
y Antiquated provisions for local government (especially county
government)
15
Texas Constitution
Comprehensive Constitutional Change Is
Diffi lt
Difficult
y Fear of unknown
y Vested interests in existing constitution
16
Texas Constitution
Comprehensive Change Usually Requires
S
Some
Triggering
Ti
i D
Device
i
y Scandal
y Substantial government breakdown
y Advocacy by a strong political figure
17
Texas Constitution
M th d off Comprehensive
Methods
C
h
i Revision
R i i
y Legislative action
y Citizen Convention
y Revision Commission
18
Texas Constitution
C
Comprehensive
h
i Legislative
L i l ti R
Revision
i i
y Legislatures don’t routinely have this power.
y Usually requires some special authorization.
19
Texas Constitution
Problems with Legislative Revision
y Competes with regular work of legislature
y Legislators have standing to commitments to various political
interests and interest groups
y Legislators
L l
may hhave vestedd interests in existing constitution
20
Texas Constitution
Constitutional Conventions
y Must be called by someone, usually the legislature.
y The effectiveness of citizen conventions depends on support
services provided.
y Delegates
D l
to citizen conventions may hhave ffewer standing
d
political obligations
21
Texas Constitution
Constitutional Commissions
y Must be authorized by constitution or by statute.
y Usually serve as study groups to make recommendations to
legislature or convention.
y Rarely
R l are usedd as group to propose new constitution.
22
Texas Constitution
Getting Proposed New Constitutions
A
Accepted
t d is
i Difficult
Diffi lt
y Fear of new, unknown, and untried provisions.
y May be undermined by a few controversial provisions that
may be exploited by opponents.
y Hard
H d to overcome voter apathy.
h
y Need a champion to sell them.
23
Texas Constitution
Last Major Revision Effort in Texas Came in
th 1970s
the
1970
y Sharpstown banking scandal in early 1970s led to disgrace of
major
j governmentt officials
ffi i l andd tto conviction
i ti off SSpeaker
k off
Texas House of Representatives.
y In 1971,Legislature
, g
pproposed
p
a constitutional amendment
setting up a revision process.
y Voters ratified that process in 1972
24
Texas Constitution
Steps Toward Revisions of Texas
C
Constitution
tit ti
y Constitutional Revision Commission in 1973
y Legislature meeting as Constitutional Convention in 1974 failed to
propose new constitution
y Legislature proposed new constitution during its regular session in
1975
y Voters rejected all proposals in 1975.
25
Texas Constitution
Reasons for Texas Failure
y Governor refused to provide leadership and opposed the
legislature’s finished product.
y No champion emerged to sell it to the voters.
y Interest
I
groups frightened
f h
d voters about
b specific
f provisions.
26
Texas Constitution
Revisions Don’t Always Fail
y Louisiana managed to adopt a new constitution in 1974
y Its 1921 constitution had previously held the record for being
the longest state constitution.
y Largely
L
l succeeded
d d bbecause off the
h governor’s
’ role
l as
champion.
27
Texas Constitution
J
Junell-Ratliff
ll R tliff Constitutional
C
tit ti
l Revision
R i i Effort
Eff t
y Rob Junell was a member of the House
y Bill Ratliff was a state Senator
y Solicited help from Angelo State University, since San Angelo
was Junell’s
J ll’ hhome town.
y Introduced proposed new constitution in 1999 legislative
session
28
Texas Constitution
Key Elements of Junell-Ratliff Proposal:
L i l ti B
Legislative
Branch
h
y Lengthen terms of office for House and Senate members to
four and six years respectively
y Impose term limits on members
y Create
C
veto session to allow
ll llegislature
l
to respondd to
gubernatorial vetoes.
29
Texas Constitution
Key Elements of Junell-Ratliff Proposal:
E
Executive
ti Branch
B
h
y Created nine department heads to be appointed by the
governor, and to serve at the governor’s pleasure
y Lieutenant Governor, Comptroller, and Attorney General
would continue to independently elected
30
Texas Constitution
Key Elements of Junell-Ratliff Proposal:
J di i l B
Judicial
Branch
h
y Simplified into fewer courts.
y Merit system for choosing judges would be used to select
judges for district courts, courts of appeals
y A single
l supreme court would
ld replace
l two courts off llast
resort
31
Texas Constitution
Fate of Junell-Ratliff
Junell Ratliff Proposal
y Speaker referred to a Select Committee on Constitutional
Revision
y Never reported out for consideration by the legislature
y Constitutional
C
l revision too bbig an issue ffor a regular
l session
of the Legislature.
32
Texas Constitution
Texas Still Operates Under the Constitution
off 1876
y Constitution makes it difficult to govern effectively.
y Constitutional Revision not likely in immediate future of
Texas.
33
Texas Constitution