Chapter 3
The Texas
Constitution
Role of a State Constitution
• State constitutions
– All states have a constitution.
– Similar purpose to federal
– Establish institutions
– Specify broad rules and laws governing the state
Role of a State Constitution
• Fundamental questions about constitutions:
– What belongs in a constitution, and what should
merely be a law?
– Must a constitution always be followed?
– What measures should be taken to ensure it
remains a living document?
• Applicable to contemporary society even
though very dated, as with the U.S.
Constitution
Role of a State Constitution
• State constitutions
– Legitimate state institutions: explain the sources
of their authority
– Delegate power: explain what institutions are
allowed to perform certain functions
– Prevent the concentration of power
– Limit power by defining rights of citizens
Role of a State Constitution
• Texas Constitution is heavily influenced by
federal one.
– Political power is derived from the people.
– Power is divided among three branches.
– System of checks and balances limits power
– Individual rights are declared to limit power.
– Federalism
Role of a State Constitution
• Federalism
• Supremacy clause: the U.S. Constitution and
federal laws are the supreme law of the land.
• Necessary and proper clause: the federal
government has all the authority it needs to
carry out its powers.
Texas Constitution Today
• Notoriously poor document
– Outdated
– Over amended
• (474 amendments; U.S., 26)
– Micromanages
• Opposite of “broadly constructed laws”
– Easy to amend, difficult to overhaul
• Tack on laws easily
• Scrap and start new very hard: legislative time
crunch
Prior Texas Constitutions
• Before examining the current constitution,
consider the prior governing documents.
• Six different constitutions have governed the
state at different points in state history.
• Each reflects different national priorities,
issues of the time, and values of the writers.
Constitution of Coahuilay Tejas,
1827
• After Mexico was granted independence from
Spain in 1821, Texas departed with it.
• In 1827, Texas was declared a state of Mexico.
– Combined with Coahuila region, hence state became
“Coahuila y Tejas”
• The original Mexican Constitution was very similar
in structure to America’s.
– Notable difference, Catholicism was the official religion
in the state.
Constitution of Coahuilay Tejas,
1827
• The state was divided into three legislative
districts.
• The territory of what is now Texas formed the
district of Bexar.
• Citizens were guaranteed liberty, security,
property, and equality.
• Curtailed slavery
Constitution of the Republic of
Texas,1836
• Texas’s break with Mexico was, in part, a
constitutional crisis.
• Texas resident demands
– Make it easier for Americans to immigrate to the
state (Mexico)
– Teach both Spanish and English
– Allow Texas to be its own state, independent of
Coahuila
Constitution of the Republic of
Texas,1836
• Texas Declaration of Independence (1836)
– Adopted at Washington-on-the-Brazos
– Drew from John Locke, who argued the purpose of
government is to protect rights
• Reflects southern political culture
– 39 of the 59 Republic of Texas Constitution
framers were from southern slave states
– Only 10 of 59 lived in Mexico more than six years.
Constitution of the Republic of
Texas,1836
Constitution of the Republic of
Texas,1836
• Three separate branches
– Bicameral legislature
– Four-tier court system
• Justice, county, district, state supreme court
• Ministers could not hold office.
• Slavery was allowed.
• Communal property and debtor relief
Constitution of the Republic of
Texas,1836
• Allowed new white immigrants to bring slaves
already in servitude
• Banned importing slaves from Africa
• Texas slave population skyrockets under this
constitution.
– 1836: 5,000 slaves (~12% statewide population)
– 1850: 58,161 slaves (25% statewide population)
– 1860: 182,566 slaves (30% of total population)
Texas State Constitution of 1845
• Texas slave state, nine years before it joins the
Union
– Imbalance of nonslave and slave states at time
• Gave all defense-related property to America
• Kept vast public lands and state’s debt
• Three branches with checks and balances
– Governor was term-limited
– Judges appointed for six-year terms
– State could divide itself into five new states
Texas State Constitution of 1845
Confederate Constitution of
1861
• Banned freeing slaves
• Few changes to state constitution otherwise
• Texas Constitution kept ban on importing
slaves from Africa
• Purpose of Confederate Constitution was to
leave the Union and take a side
– Not create new governing institutions; hence few
changes to actual government
Constitution of 1866
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Needed to re-join Union after Civil War
Ratified by slim majority
Slaves freed
Allows blacks to own property and to sue
Blacks banned from voting or holding office
Increased salaries for officeholders
Congressional apportionment would be based
only on number of white male citizens
Reconstruction Constitution of
1869
• Confederate states required new state
constitutions to comply with federal laws.
– Congressional Reconstruction Act 1867
• Approved by military orders, not a vote
• Black men extended right to vote and full political
equality
– Compliance with Thirteenth and Fourteenth
Amendments
• Governor given many unchecked powers
The Reconstruction Constitution
of 1869
Constitution of 1876
• Needed due to Governor Davis corruption and
power imbalance allowed in 1869 Constitution
• Four goals in this constitution:
1.
2.
3.
4.
Strong popular control of government (voters)
Powers were to be limited
Restrain spending
Promote agriculture interests
Constitution of 1876
• Limited government in many ways in reaction
to experience with Governor Davis
• Judges were elected.
• Governor powers diffused (plural executive)
• Part-time legislature
• Taxes and debt were limited.
• Schooling not required, was segregated
• Railroads and banks heavily regulated
The Texas Constitution of Today
• Constitution of 1876 remains in place today
– Long and detailed (8 times longer than national)
– Amended 474 times since 1876
• System prevents accumulation of power
– Selection structures and local government power
• More opportunity to select elected officials
– MANY local offices, plural executive, elect judges
The Texas Constitution of Today
• Rights are listed up front, in order to stress
limits upon the state’s powers.
• The right of the people to dismiss the
government is among them.
– Very similar to Bill of Rights
• Much more detailed and specific
– Does not merely mention rights; specifically
defines each of them
The Texas Constitution: An
Overview
The Texas Constitution of Today
• Legislature
– Texas House of Representatives
• Two-year terms, no limits
– Texas Senate
• Four-year terms, no limits
– Budget must be approved by Comptroller of Public
Accounts.
– Part-time legislature: 140 days, every other year
– Paid by the day (per diem)
The Texas Constitution of Today
• Executive
– The executive department consists of six offices, five of
which are elected.
• Not just the governor!
• Secretary of state is appointed by the governor with
Senate approval
– Independently elected offices limit governor power.
• Different parties may (and have) hold executive
power.
Major Offices in Texas
The Texas Constitution of Today
• Courts
– Texas effectively has two supreme courts.
• Criminal cases: Texas Court of Criminal Appeals
• Civil cases: Texas Supreme Court
– All justices and judges are elected.
The Texas Constitution of Today
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Four stages to amending the constitution
Legislature proposes amendments
Approval by 66 percent of each chamber
Amendments must be published twice in
recognized newspapers.
• A majority of state voters must approve.
– Majority of those who vote; turnout usually low
– Thus a low number of actual votes needed
State Constitution Length (estimated)
< 19,999 words
20,000 – 39,999 words
NEVADA
34,418 words
Average
VERMONT
8,565 words
Shortest
40,000 – 59,999 words
60,000 – 79,999 words
80,000 + words
GEORGIA
41,684 words
Average
TEXAS
86,936 words
Second Longest
ALABAMA
367,000 words
Longest
Amendments Added to Constitution
< 75 amendments
75 – 149 amendments
NORTH DAKOTA
150 amendments
Average
RHODE ISLAND
10 amendments
Lowest
150 –224 amendments
225 – 300 amendments
> 300 amendments
TEXAS
467 amendments
Fourth Highest
ALABAMA
854 amendments
Highest
Amending the Texas
Constitution
Voter Turnout in Texas Constitutional
Amendment Elections Compared with
Texas Turnout for Presidential Elections
Some Important Constitutional
Amendments
The 2009 Amendments
Public Opinion Poll
Should Texas have a new constitution that is
shorter and more efficient than the current
version?
a) Yes, it will improve state and local
government.
b) No, it would make no difference.
Public Opinion Poll
Should Texas voters be allowed to amend the
state constitution (by voting on individual laws),
or should changing the state constitution be the
work of the legislature and governor?
a) Yes, voters should be allowed to amend the
state constitution.
b) No, only the legislature and governor should
make changes to the constitution.
Public Opinion Poll
Should the Texas governor have more power
(not split over six offices) similar to other states?
a) Yes, it would be more efficient.
b) No, it is better to have limited powers.
Public Opinion Poll
Should being a Texas legislator be a full-time
job?
a) Yes, the state needs legislators more focused
on state matters.
b) No, keep as is to limit government and
individual power within the legislature.
Public Opinion Poll
Should Texas continue to elect all state
supreme court judges?
a) Yes, voters should have direct input on all
branches of state government.
b) No, judges should be able to make decisions
without election concerns.