Texas Government 2306—Unit 2 Lecture Notes
Unit 2
THE STATE CONSTITUTION
The United States and each of the fifty states has a written constitution, which
serves as a contract between the government and the people. A constitution serves
several purposes.
• First, it defines and limits government's powers.
• It also establishes the basic rights of the people that government cannot
infringe upon. These are typically found in a bill of rights.
• Detailing the structure of government is another function of a constitution.
• A fourth function of a constitution is to establish the rules and operating
procedures for government.
• Lastly, a constitution serves as the supreme and fundamental law of the
nation and the state.
Texas has been governed by seven constitutions. Each of those documents was
and is a reflection of the state's political culture. This is particularly true of the current
state constitution, the Constitution of 1876. The first constitution, the 1827 provincial
constitution of the state of Coahuila y Tejas, provided for a unicameral legislature
but lacked a bill of rights. Texans ignored two provisions, one that required Catholicism
as the state religion and the other that did not recognize slavery. When Texas became
an independent nation in 1836, it adopted the Republic Constitution of 1836. This
constitution provided for a unitary form of government, freedom of religion, property
rights protection, and the legal recognition of slavery. Texas adopted its third
constitution when it joined the United States as a state. This Statehood Constitution
of 1845 reflected traditionalistic southern culture by providing for limited executive
authority, biennial legislative sessions, and two-year terms for most officials. The
constitution also reflected Spanish law by granting women property rights equal to those
of men and recognizing the concept of community property for married women. When
Texas seceded from the Union, it adopted the Confederacy Constitution of 1861,
which prohibited the emancipation of slaves. The Readmission Constitution of 1866
was adopted as a condition for rejoining the Union, but it was overturned by
Reconstruction acts passed by the U.S. Congress. In 1869 Texas adopted its sixth
constitution, the infamous and much-hated Reconstruction Constitution. This
constitution was a radical departure from previous constitutions of Texas and strongly
conflicted with the political culture of the state. It centralized power in the hands of the
state government, creating a strong governor with a four-year term and extensive
appointive powers, a legislature that met in annual sessions, and a public school system
run by the state. Local government was weakened. African Americans were given the
right to vote and all other rights as citizens.
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Texas Government 2306—Unit 2 Lecture Notes
The current Texas constitution was written at the end of Reconstruction by a
constitutional convention assembled in 1975. The delegates were motivated by the
intense desire to limit the powers of state government and to insure that the abuses of
Reconstruction never again occurred. Predictably, it was the exact opposite of the
Reconstruction Constitution, shortening the terms of office for the governor and other
elected officials, reestablishing many statewide and local elected offices, limiting the
fiscal powers of the legislature, restricting the legislature to biennial sessions, and
severely limiting the ability of government to act. In short, it not only reinstated, but
expanded the features limiting governmental power present in the earlier constitutions
of 1845, 1861, and 1866. Unlike the Reconstruction Constitution of 1869, this current
constitution is a clear reflection of the traditionalistic/individualistic political culture of
Texas. It is also a product of our historical experience, particularly the perceived
abuses of Reconstruction.
In comparison to the U.S. Constitution, the 1876 constitution has a longer, more
detailed Bill of Rights, has many more amendments--369 as of January 1996, is a much
lengthier document with almost 76,000 words, and is extremely detailed. It contains
numerous sections that are more statutory than constitutional in nature. In that sense, it
is typical of most other state constitutions. Similar to most other states, the Texas
constitution can be amended by having the proposed amendment pass each house of
the state legislature by a two-thirds majority and then be approved by a simple majority
of the voters voting.
Two recent attempts to adopt a new constitution failed--a 1974 constitutional
convention and a 1975 election, when the voters overwhelmingly rejected a proposed
new state constitution. Those efforts failed and the future prospects for general revision
are dim for several reasons. First, significant political forces within the state do not
support constitutional reform. Second, the conservative nature of the state, with its
traditionalistic/individualistic political culture, is compatible with the present state
constitution. Third, strong opposition from powerful interest groups, who view their
interests as being protected by the current constitution and weak state government,
make constitutional change very difficult. Lastly, the lack of public support for and
interest in constitutional change make it unlikely.
.
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Texas Government 2306—Unit 2 Lecture Notes
KEY TERMS
bill of rights: a section common to the U.S. and every state constitution detailing the
basic freedoms and rights government cannot deny the people.
separation of powers: the concept that governmental power is divided between three
separate branches of government--an executive, a legislature, and a judiciary.
supremacy clause: a clause in the state constitution establishing it as superior to state
law and local government actions; a similar clause in the U.S. Constitution makes it the
supreme law of the land.
Discuss the various constitutions of Texas, explaining how they were and are a
reflection of the state's political culture.
OUTLINE:
A.
The 1827 Constitution of Coahuila y Tejas
B.
The Republic of Texas Constitution of 1836
C.
The Statehood Constitution of 1845
D.
The Confederacy Constitution of 1861
E.
The Readmission Constitution of 1866
F.
The Reconstruction Constitution of 1969
G.
The 1876 Constitution
A.
THE 1827 CONSTITUTION OF COAHUILA Y TEJAS
1.
Provided for a unicameral legislature
2.
Texas elected two representatives to provincial legislature
3.
Lacked a bill of rights
4.
Catholicism was named the state religion
5.
Slavery was not recognized
6.
These last two provisions were ignored by Texans because, although they
were consistent with the Mexican and Spanish cultures, they conflicted
with the traditionalistic culture of the American South brought in by Anglo
Texans
B.
THE REPUBLIC OF TEXAS CONSTITUTION OF 1836
1.
This constitution was a composite of the U.S. Constitution and the
constitutions of several southern states
2.
It provided for a unitary, rather than a federal form of government
3.
The president was limited to one three-year term with consecutive
reelection prohibited
4.
The president was prohibited from raising an army without the consent of
congress
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Texas Government 2306—Unit 2 Lecture Notes
5.
Freedom of religion and property rights protections, absent from the 1827
constitution, were included
6.
Slavery, ignored by the Mexican government, was legalized
7.
This constitution reflected the distrust of government felt by the
traditionalistic southerners who wrote the document
8.
The constitution also reflected the southern cultural view on slavery
C.
THE STATEHOOD CONSTITUTION OF 1845
1.
The constitution limited the governor's authority
2.
The legislature was limited to biennial legislative sessions
3.
Most state officials were given two-year terms
4.
These three features reflected southern traditionalistic culture
5.
Two features reflected our Spanish/Mexican cultural heritage
a.
Women were granted property rights equal to those of men
b.
Married wo men were given half the value of all property acquired
during marriage (community property)
c.
These provisions were later adopted by many other states
6. A number of constitutional scholars view the 1845 constitution as the best of
all Texas's constitutions
D.
THE CONFEDERACY CONSTITUTION OF 1861
1.
It was very similar to the 1845 constitution, except that it included a
prohibition against the emancipation of slaves
2.
It limited executive authority
3.
It provided for biennial legislative sessions
4.
Most state officials were given two-year terms
5.
It included a provision seceding from the Union and joining the
Confederacy
6.
All of these provisions reflected southern traditionalistic political culture
E.
THE READMISSION CONSTITUTION OF 1866
1.
This constitution was approved under presidential Reconstruction as a
condition for rejoining the Union after the Civil War
2.
Slavery was abolished
3.
The ordinances of secession were nullified
4.
Future secession rights were renounced
5.
Wartime debts of the state were repudiated
6.
While it provided blacks with more rights than did the constitutions of other
former Confederate states, it did not grants blacks equal rights, including
the right to vote
7.
This constitution was overturned by Reconstruction acts passed by the
U.S. Congress
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Texas Government 2306—Unit 2 Lecture Notes
8.
The many features reflected the political reality of the defeat of the
Confederacy, but still included many of the traditionalistic details of the two
earlier statehood constitutions (1845 and 1861)
F.
G.
THE RECONSTRUCTION CONSTITUTION OF 1869
1.
This constitution was approved under the supervision of the federal
government's military rule
2.
It centralized power in the hands of the state government
3.
It created a strong governor with a four-year term and extensive
appointive powers over many state and local officials
4.
Public schools were centralized under state control
5.
The legislature was allowed to meet in annual legislative sessions
6.
Most state executive branch officials were given four-year terms and high
salaries
7.
Local government was substantially weakened and county courts were
abolished
8.
African Americans were given equal rights, including the right to vote
9.
The planter class was removed from control
10.
This constitution was modern and forward-looking in terms of power,
machinery of government, and organization
11.
This constitution was hated because it was a radical departure from past
(and future) constitutions and contrary to southern traditionalistic political
culture
12.
The Reconstruction Constitution conflicted with the
traditionalistic/individualistic political culture in Texas that advocates
decentralized, weak government and discourages political participation
and non-elite involvement in government
THE CONSTITUTION OF 1876
1.
The current cons titution was written in a constitutional convention in 1875
and approved by the voters in 1876
2.
The 1875 convention was composed of "old Texans", landowners who
objected to the centralist Reconstruction government
3.
The delegates at the 1875 constitutional convention had three major goals
a.
To weaken state government
b.
To place limits on the fiscal powers of the state
c.
To insure that the Reconstruction abuses would never occur again
4.
The current constitution reflects the anti-government beliefs of the
traditionalistic/individualistic political culture of Texas
5.
Shorter terms of office were reinstated
6.
Many state and local offices that had been appointed were made elective
7.
Severe limitations were put on the ability of the government to act
8.
The powers of the both the legislature and governor were curtailed
9.
Local government was strengthened
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Texas Government 2306—Unit 2 Lecture Notes
a.
Local control of schools was established
b.
Local courts were reestablished
10.
The current constitution expanded the ideas of limited government that
had been present in earlier constitutions (those of 1836, 1845, 1861, and
1866)
Discuss the Constitution of 1876, detailing the structure of government it created,
its most important features, positive and negative aspects, and attempts at
constitutional revision and reasons for their failure.
OUTLINE
A.
Executive Branch
B.
Legislative Branch
C.
Judicial Branch
D.
Local Government
E.
Positive Aspects
F.
Negative Aspects
G.
Revision Attempts and Reasons for Failure
A.
EXECUTIVE BRANCH
1.
Due to the strong governor under the Reconstruction Constitution and the
abuses by Reconstruction Governor E.J. Davis, the governorship was
severely weakened
2.
The governor's term was reduced from four to two years (where it
remained until a constitutional amendment in 1974) and his salary was
reduced
3.
The governor's appointive and removal powers were curtailed
a.
The governor must share power with an elected plural executive
(attorney general, comptroller, and other executive department
heads)
b.
The governor has almost no removal power (without Senate
consent) over his appointees to various government boards and
agencies
4.
The governor's directive and budgetary powers are also extremely limited
B.
LEGISLATIVE BRANCH
1.
Due to the abuses of the Legislature during Reconstruction, legislative
powers were curtailed with many constitutional restrictions
2.
Legislative salaries were reduced and placed in the constitution, thus
requiring voter approval of an amendment to raise salaries
3.
Specific limits were placed on borrowing and spending
4.
A balanced budget is required
5.
The Legislature's meeting time is limited to biennial sessions lasting no
more than 140 days
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Texas Government 2306—Unit 2 Lecture Notes
5.
Numerous constitutional rules (ex.: each bill must be go through three
readings on three separate days and pass two floor votes in each house)
slow down and hamstring the legislative process
C.
JUDICIAL BRANCH
1.
All state judges were made elective rather than appointive by the governor
2.
A confusing court structure was established with two supreme courts, one
for civil and one for criminal matters
3.
County courts were reestablished
D.
LOCAL GOVERNMENT
1.
Local government gained in power and importance
2.
Power to run the public schools was taken from the state government and
given to locally elected school boards
3.
Local officials were again elected rather than appointed
E.
POSITIVE ASPECTS
1.
A longer, more detailed Bill of Rights (in comparison to the U.S. Bill of
Rights) including an equal rights provision prohibiting sex discrimination
not found in the U.S. Constitution
2.
The fiscal limits on state government (on taxing, spending, and borrowing)
have contributed to Texas having a comparatively low tax burden (in the
bottom ten according to most studies)
3.
Stronger local government puts power closer to the people and makes it
relatively easier for people to influence decisions at the grassroots level
4.
In theory, a weaker state government leads to less abuse of power
F.
NEGATIVE ASPECTS
1.
A weak governor sharing power with an elected plural executive has badly
fragmented executive power
2.
A parttime, inadequately compensated Legislature with excessive
constitutional restrictions is limited in its ability to legislate effectively
3.
An excessively long,(76,000 words as of January 1996) overly detailed
constitution contains matters that should be left to the Legislature and
large amounts of trivia that do not belong in a constitution
4.
Numerous amendments (369 as of January 1996) are constantly
added (and, often required) due to the constant need to amend the
numerous statutory matters in the constitution
5.
The poorly written constitution with its patchwork organization is confusing
and difficult to read and understand
6.
This backward-looking, inflexible constitution was written with the intent to
prevent the perceived abuses of Reconstruction from occurring again; little
thought was given to the future needs and problems of the state
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Texas Government 2306—Unit 2 Lecture Notes
G.
REVISION ATTEMPTS AND REASONS FOR FAILURE
1.
In Texas, constitutional change requires that each house of the
Legislature pass a proposed amendment by a two-thirds majority and a
simple majority of the voters voting must approve
2.
Texas also allows the Legislature to submit to the voters the question of
calling a constitutional convention, a method no rmally used for general
revision rather than for single amendments; a two-thirds majority of the
convention must approve any changes to be sent to the voters for their
approval
3.
In 1973, the Legislature created a thirty-seven member commission which
submitted recommendations to a constitutional convention (composed of
the Legislature!)
4.
The constitutional convention (the Legislature), meeting in 1974, became
deadlocked due to election year pressures and politics, and fell three
votes short of the required two -thirds majority needed to send the
proposed constitution to the voters
5.
Due to extensive public criticism ($4 million spent and no constitution for
the public to vote on), the Legislature, in their 1975 legislative session,
took the proposed constitution that was defeated in the 1974 convention,
and, with minor changes, divided it into eight propositions, and sent it to
the voters in November of 1975
6.
The proposed constitution was publicly endorsed by a who's who list of
important Texans--the deans of all eight Texas law schools, most of the
state's major newspapers, respected authorities on constitutions, a
number of civic and political groups (the Texas Municipal League, the
Texas State Bar, Common Cause, the League of Women Voters), Barbara
Jordan, Special Watergate Prosecutor Leon Jaworski, Lieutenant
Governor Bill Hobby, House Speaker Price Daniel Junior, and Robert
Strauss
7.
One notable Texas publicly opposed the proposed constitution--thenGovernor Dolph Briscoe (due to the provision for annual legislative
sessions)
8.
The voters overwhelmingly rejected the proposed constitution by a two -toone margin
9.
The prospects for a general revision in the near future is highly unlikely for
four major reasons
a.
First, there is a lack of support fo r reform by significant political
forces in Texas
b.
Second, the political culture of the state-traditionalistic/individualistic and conservative --leads to general
satisfaction with the current state constitution
c.
Third, strong opposition from powerful interest groups whose
interests are protected by the current constitution make major
constitutional change difficult
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Texas Government 2306—Unit 2 Lecture Notes
d.
Fourth, there exists a general lack of interest in, support for, and
awareness of the need for constitutional change among the general
public in Texas
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