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Shea, Green, and Smith
Living Democracy, Second Texas Edition
Chapter 20:
The Texas Constitution
Chapter 20: The Texas Constitution
The Constitutional Legacy
First adopted in 1876, amended 400 times
6 further constitutions
1827: Constitution of Coahuila y Tejas
1836: Constitution of the Republic
1845: Constitution of 1845
1861: Civil War Constitution
1866: Constitution of 1866
1869: Reconstruction Constitution
1876: Texas Constitution
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Copyright 2009 Pearson Longman
Chapter 20: The Texas Constitution
The Constitutional Legacy
The Texas Constitution in a Comparative Perspective
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Copyright 2009 Pearson Longman
Chapter 20: The Texas Constitution
The Constitutional Legacy
The Constitution of Coahuila y Tejas (1827)
Made under Mexican rule
Unicameral legislature
Two Texas representatives
Governor as executive
Catholicism the state religion
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Copyright 2009 Pearson Longman
Chapter 20: The Texas Constitution
The Constitutional Legacy
The Constitution of the Republic of Texas
(1836)
1820s and 1830s, Anglo immigration
increases
Antonio López de Santa Anna
– Mexican constitution voided, 1834
New constitution adopted, 1836
– drew on constitutions of southern states
and the U.S.
San Jacinto, 1836—Texas victory over Santa
Anna
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Copyright 2009 Pearson Longman
Chapter 20: The Texas Constitution
The Constitutional Legacy
The Constitution of 1845
Texas admitted to United States, 1845
Annexation bill
– slavery permitted
– Texas could divide into 5 states
1845 Constitution
– bicameral legislature
– amended 1850 to make state offices elective
– incorporated almost without change into
the 1876 Constitution
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Copyright 2009 Pearson Longman
Chapter 20: The Texas Constitution
The Constitutional Legacy
The Civil War Constitution
(1861)
1861, Texas secedes from the U.S.
New Constitution brings Texas in line with
the Confederacy
Civil War legacy: Strong tradition of states’
rights
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Copyright 2009 Pearson Longman
Chapter 20: The Texas Constitution
The Constitutional Legacy
The Constitution of 1866
Constitution of 1845 revived, amended as
required by U.S. government.
Radical Reconstruction from1866
– Reconstruction Acts.
– 1845 Constitution invalidated.
– Military government put in place.
Legacy:
– Slowed full integration of Texas into
national politics.
– Lingering hostility towards government.
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Copyright 2009 Pearson Longman
Chapter 20: The Texas Constitution
The Constitutional Legacy
The Reconstruction Constitution (1869)
Texas required by Reconstruction Acts
to grant right to vote to African
Americans.
Constitutional convention, 1869.
1869 elections
– Edmund J. Davis wins by 809 votes.
Radical majority gives governor
great power.
1872, Democratic majority.
1873, Richard Coke elected.
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Copyright 2009 Pearson Longman
Chapter 20: The Texas Constitution
The Constitutional Legacy
The Constitution of 1876:
Retrenchment and Reform
Constitutional Convention
– Only 4 out of 90 delegates
native Texans
– Many members of the Grange
– economic concerns paramount
Local control favored over central
government
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Copyright 2009 Pearson Longman
Chapter 20: The Texas Constitution
General Principles and Structural
Impact of the Texas Constitution
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Copyright 2009 Pearson Longman
Chapter 20: The Texas Constitution
General Principles and Structural
Impact of the Texas Constitution
Central Principles
Popular sovereignty
Contract theory
Limited government
Separation of powers
Limited Government
Constitutional principle
restricting governmental
authority and spelling
out personal rights
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Separation of Powers
Division of powers among three
distinct branches of government—
legislative, executive, judicial—
which serve as checks and
balances on each other’s actions
Copyright 2009 Pearson Longman
Chapter 20: The Texas Constitution
General Principles and Structural
Impact of the Texas Constitution
Executive: Fragmented power: Shares power
with
other elected officials, and with
many
boards and commissions
Legislative:Intentionally low-paid, but thus
subject
to special interest groups
Judicial:
Relative autonomy and influence
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Copyright 2009 Pearson Longman
Chapter 20: The Texas Constitution
General Principles and Structural
Impact of the Texas Constitution
Consequence of Detail
Limits the capacity for change
Obsolete provisions
Large numbers of amendments
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Copyright 2009 Pearson Longman
Chapter 20: The Texas Constitution
Pathways of Action:
Budget Restrictions
Legislature meets every
two years
Deficit spending barred
Certain expenditures
not discretionary
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Copyright 2009 Pearson Longman
Chapter 20: The Texas Constitution
Constitutional Change and Adaptation
Amendment
No initiative or
referendum process.
Constitutional
conventions provided
for, though none have
ever been held.
Legislature opposes
measures that might
reduce its authority.
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Copyright 2009 Pearson Longman
Chapter 20: The Texas Constitution
Pathways Profile:
A Lot of Trouble for a Minor Office
Old constitutional provision allowing for a constable in
Roberts County
– Write-in candidate elected
– Unnecessary position filled after long vacancy
An amendment to change this provision required a
vote by the entire state
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Copyright 2009 Pearson Longman
Chapter 20: The Texas Constitution
Constitutional Change and
Adaptation
Constitutional Reform Efforts of 1971–1975
1974 constitutional
convention
37-member commission
Special interest pressure
dominated
– Right-to-work law
– Justices against judicial
reform
– Gambling
No revision passed
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Copyright 2009 Pearson Longman
Chapter 20: The Texas Constitution
Constitutional Change
and Adaptation
Further Reforms:
197 amendments, 1975–2008
Interest groups powerful
Shea, Green, and Smith, Living Democracy, Second Texas Edition
Copyright 2009 Pearson Longman