State Constitution
Roots of State Constitutions
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people of each state can create the type
of government they wish (limitations of
U.S. Constitution)
adopted in convention
ratified by people
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Parts of state constitutions:
 preamble
 bill of rights
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articles providing for separation of
powers
 type of legislature (bicameral or
unicameral)
 executive department
 independent judiciary with power of
judicial review
form and powers of local units of
government
 article on how to amend Constitution
 miscellaneous procedures
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Rigidity of State Constitutions
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More detailed than U.S. Constitution
Longer, less flexible
Prescriptive
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Limits discretion of public officials
Out of date
Limits lawmakers to act on problems
Constitutional amendments for changes
Texas Constitution
Texas
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One of longest and most restrictive state
constitutions
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2005 -- 432 Amendments
93,000 words
reflects interests and concerns of original
writers
History
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1869
 constitutional convention held in 1868
 centralized state power for governor
 lengthened gubernatorial term to 4
years
 governor to appoint major state
offices and judges
 annual
legislative sessions
 weak local government
 centralized public school system
Reflected little fear of centralized
government power
 fear was to later become the
hallmark of Texas government
 constitution ratified in 1869
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Era regarded as most corrupt and
abusive in state’s history (E.J.Davis)
 misappropriation of public funds
 wasteful public programs
 landowner’s
refusal to pay high
property taxes
 result of these actions was increased
public debt
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Law and order collapsed
 desperados
 Native Americans
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Tyranny
 militia and state police maintain
powerful political machine
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Davis ousted by Coke and supporters
singing “Yellow Rose of Texas”
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Reconstruction:
 progressive programs
 protected political and civil rights of
former slaves
 bitter memories for state -humiliating, corrupt, extravagant,
tyrannical
Retrenchment and Reform
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Democrats determined to strike “at the
heart of big government”
Constitutional convention in 1873
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frugal tone reflected in final constitution
 cut salaries for governing officials
 placed strict limits on property taxes
 Restricted state borrowing
 restricted
power granted to
government officials
 most of governor’s powers stripped
 term reduced to 2 years; salary cut
 attorney
general and state judges
elected rather than appointed by
governor
 legislative sessions to be held every 2
years with limited length of sessions
 legislative
procedure detailed in
constitution
 restrictions placed on types of
policies legislature might enact
 numerous
public policies written into
constitution
 statute-like
 Local
government strengthened
 counties given many administrative
and judicial functions of the state
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tone of convention was a reaction to
abuse of state power by denying it
voters ratified state Constitution of 1876
remains in use today
Constitution Today
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Not a living constitution
no flexibility built in
not serving current problems and concerns
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Bill of Rights and Fundamental Liberty
 Texas Bill of Rights provides
additional rights (Article I)
 prohibits
sexual discrimination
 guarantees victim’s rights
 forbids imprisonment for debt
 forbids
committing mentally ill for
extended periods of time without jury
trial
 prohibits suspension of writ of habeas
corpus
 protects
homesteads
 prohibits garnishment of wages
(except child support)
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Statutory Law:
 no polygraph tests for public
employees
 worker’s compensation for farm
workers
 expanded free speech for private
employees
 Provides
more protection than most
other state constitutions
Separation of Powers
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Legislative branch
Executive branch
Judicial branch
system of checks and balances
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each branch can influence the other
branches
 each has separate functions
 some sharing of power
Legislative Branch
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Bicameral legislative body
 Senate -- 31 members
 4 year terms
 House of Representatives -- 150
members
 2 year terms
Have biennial regular sessions
 140 days in odd years
 important legislation receives
inadequate attention
 many bills ignored
 Special sessions called by governor
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Policy-making
 Constitution through legislative statute
 Statute-like details changed by
constitutional amendment
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Distrust of legislature makes it difficult for
state to adapt and change
Executive Branch
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Article IV -- governor heads executive
branch
 4 year term
More severe constitutional restrictions on
power of office
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Plural executive
 divides executive powers among several
offices:
 governor
 lieutenant governor
 attorney general
 comptroller
of public accounts
 commissioner of general land office
 railroad commissioners
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Powers granted specifically to governor
appointive powers
 veto
 item veto on appropriations
 legislative special sessions
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Governor relatively weak office in Texas
Courts
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Article V fragments court system
2 courts of final appeal
 Texas Supreme court -- civil appeals
cases
 Court of Criminal Appeals --criminal
appeals cases
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Other courts provided for by Constitution:
 court of appeals
 district, county, and justice of the peace
courts
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Judges chosen in partisan elections
 generally not desirable
 becomes a politician
 may not apply laws uniformly
Local Government
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Constitution provides for counties’ rigid
organizational structure
 provide many functions for state
Cities with population over 5,000 may
adopt home-rule charters
Suffrage
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Function of state and local governments
 Set suffrage requirements and
administer elections (Article VI)
 denies idiots, lunatics, paupers and
those convicted of a felony the right
to vote in state and municipal
elections
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Lack of voter participation at state level
Local level election can include
 initiatives
 registered voters can propose
statutory or constitutional changes by
petition
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Referendum
 voters approve changes in law by
election
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Popular recall
 citizens petition for a special election
to remove elected official
Amending Texas Constitution
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Article XVII -- constitutional amendments
must be proposed by
 two-thirds of total membership of each
house of legislature
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Ratification requires approval by a
majority vote on the amendment in
either a general or special election