Texas Constitutions The Legal Context of Texas Politics and Government

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Texas Constitutions The Legal Context of
TexasPolitics and Government

• Topical Scenario On Campus
• Constitutions - Past and Present

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Topical Scenario

• HJR 1 and SJR 1 of 76th Legislature
• Angelo State Constitution (1999)
• Reduced size from 81,000 to 19,000 words
• Eliminated deadwood
• Streamlined plural executive branch
• Eliminate partisan judicial elections
• Consolidate and simplify local government
  provisions
• Never left Select House Committee on
  Constitutional Review

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Texas Constitutions

• The legal document which embodies the ideals and
  fundamental premise of the political and
  governmental system.
• There have been 7 Constitutions in Texas since
  the revolution.

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Purpose

• Provides government with legitimacy.
• Establishes and organizes government.
• Gives government power to operate.
• Places explicit limits on government.

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Legitimacy

• Links government to democracy - consent of the
  people.
• Usually through the ratification process.
• Is this 131 year old constitution legit?
• Tacit consent - love it or leave it
• Amending process is on going consent

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Establishment

• Only one state government.
• Local governments derive their authority from the
  state.
• Ideal or liberal constitutions - U.S. and early
  Texas
• Statutory constitutions - lengthy, detailed and
  at times convoluted.

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Operations

• Police power - right to restrict individual
  freedom in the interest of public health,
• Power to tax - essentially the power to
  confiscate.
• In 2001 the average Texan paid .32 out of every
  1 earned in taxes.
• In 2007 the average Texan has to work until April
  19th to pay a years worth of Tax

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Limitations

• What the government cannot do.
• Article 1 - Texas Bill of Rights.
• Contains 31 sections.
• Equal protection (race, ethnicity, gender)
• Religion
• Due process
• Speech

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History of Texas Constitutionalism

• Federal Constitution of the United States of
  Mexico 1824
• Mexican State of Coahuila y Tejas
• Republic of Texas Constitution of 1836
• Six Articles and Three Addendums
• Created county as basic unit of local government
• Separation of Powers (Cabinet Style Executive)
• Checks and Balances
• Allowed Government Borrowing
• Requires Creation of Public School System

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The Republic of Texas
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State of Texas Constitution 1845

• Created Jacksonian Democracy
• Spoils system
• Increased number of elected positions
• Appointment of judges
• Limited state debt
• Considered most lasting contribution
• Plural executive
• Homestead protection
• Community Property

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Confederate State of Texas 1861

• 1845 Constitution
• Membership in Confederacy
• Slavery made explicitly constitutional

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(Rein)State of Texas 1866

• 1845 Constitution
• Constitutional abolition of slavery
• Cancellation of debts and obligations as a
  confederate state
• Added line item veto
• Segregated school system

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Reconstruction Constitution 1869

• Republican effort to punish southern states
• Republican Governor Edmund Davis
• Grants suffrage to African Americans
• Ratification of 14th Amendment
• Other provisions as acceptable to Congress
• Created a centralized government
• Large growth in expenditures and debt
• Increased taxes
• Reduced Jacksonian Democracy
• Disenfranchisement of former confederates

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Contemporary Constitution 1876

• Democrats recapture control
• Over-reaction to reconstruction period
• Statutory rather than ideal constitution
• Democratically controlled convention
• Influenced by agrarian movement of times

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Provisions of Current Constitution

• Seventeen Articles
• Article 1 - Bill of Rights
• Article 2 - Separation of Power
• Article 3,4,5
• Legislature
• Biennial sessions with length of 140 days
• Balanced budget
• Dedicated funds
• Popular ratification

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Articles 3, 4, 5 Continued

• Executive
• Plural office
• Little control over bureaucracy
• Judiciary
• Virtually all judges elected
• Two supreme Courts

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Article 17 - Amendment Process

• Requires joint resolution of 2/3 of Texas House
  and Senate.
• Approval by the Attorney General
• Majority popular vote.
• Pattern since 1980 is during odd year special
  elections.
• No provision for popular referendum or
  initiatives.

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Criticisms

• Disorganized - local government references found
  in many places.
• Substantive issues
• Pluralistic weak executive
• Weak legislature - sessions, pay, funds
• Overlapping, elected judiciary
• Changing local government requires amendment,
  loss of flexibility and adaptability.

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Revision Efforts

• Amend Sections or Rewrite Entirely
• 1917 - Legislative agenda, governor refuses to
  call convention.
• 1919 - Legislative referendum fails 3 to 4.
• 1941 - 1949 Efforts blocked by legislature
• 1969 - Rejected by legislature but resulting
  amendments repeal obsolete provisions.

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Last Serious Attempt to - 1974

• Legislature amended the constitution allowing
  legislature to meet as constitutional convention
• Passed 61 to 39
• Became politics as usual
• Right-to-work-law
• Committee vote 50
• Ratification required 2/3
• 118 to 62 (fell 2 short of 2/3)
• No new Constitution was proposed

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Political Constitutional Ideology

• Liberals
• favor ideal style
• favor economic regs
• favor strong Bill of Rights
• favor strong executive and active legislature

• Populists
• favor ideal style
• favor economic regs
• favor active legislature
• favor strong executive
• favor more regulation

• Libertarians
• favor statutory style
• favor less govt
• favor low taxes
• Fiscally conservative

• Conservatives
• favor statutory style
• oppose economic regs
• favor low taxes
• Favor strong business climate