By Loren Miller 1875 Constitution Constitutions Constitutions “A constitution should be short and...

By Loren Miller

1875 Constitution

http://tarlton.law.utexas.edu/constitutions/text/image/Ititle.html

ConstitutionsConstitutions“A constitution should be short and obscure” Napoleon Bonaparte, 1803

• If Napoleon’s statement about constitutions is to be taken at face value, then those persons responsible for drafting the present Texas Constitution failed miserably.– The 23,500 word document (not including

amendments) is neither brief nor obscure.• The legislature has proposed 656 amendments

and 474 have been approved by the voters making the Texas constitution over 87,000 words in length (second to Alabama)

2013

ConstitutionsConstitutions

• In comparison to national constitutions, state constitutions are typically longer and amended more often.

• When the document in which the government is based contains a lot of specificity, this reduces the flexibility in which the document may be interpreted.

ConstitutionsConstitutions

• Twenty-five percent of all state constitutions have been adopted after World War II.

• The average state has had three constitutions.– Louisiana with 11 and Georgia with 10 top the list

ConstitutionsConstitutions“A constitution should be flexible, concise and dedicated

to the fundamental principles of government”

• The Texas constitution fails all three tests:

– “ill-organized, forbiddingly written document.” State Politics, 1984

– “As bedside reading, it would be a Texas-sized sleeping pill.”

Kim Quaile Hill and David Mladenka, 1993

– “having to read the Texas constitution is ‘cruel and unusual punishment.’”

Leon Blevins, 1993

Texas Under Spain (1519-1821)Texas Under Spain (1519-1821)

• Spain established the first European claim to what Spain established the first European claim to what is now Texas in 1519 when Cortez came to Mexico.is now Texas in 1519 when Cortez came to Mexico.

• The first Spanish settlement in Texas, the Ysleta The first Spanish settlement in Texas, the Ysleta Mission near present-day El Paso, was not Mission near present-day El Paso, was not established until 1681.established until 1681.

• Until Mexican independence in 1821, other Spanish Until Mexican independence in 1821, other Spanish missions, forts, and civil settlements gradually missions, forts, and civil settlements gradually followed.followed.

Texas Under France (1685-1690)Texas Under France (1685-1690)

• In an attempt to expand west of Louisiana, France In an attempt to expand west of Louisiana, France in 1685, laid claim to eastern Texas near the Gulf in 1685, laid claim to eastern Texas near the Gulf Coast.Coast.– Though claimed by Spain, the nearest Spanish Though claimed by Spain, the nearest Spanish

settlements were hundreds of miles away.settlements were hundreds of miles away.

• A French nobleman founded a colony called Fort A French nobleman founded a colony called Fort St. Louis, but by 1690 shipwreck, disease, famine, St. Louis, but by 1690 shipwreck, disease, famine, hostile Indians doomed the colony and France’s hostile Indians doomed the colony and France’s claim.claim.

Constitutions of TexasConstitutions of Texas

• Between 1827 and 1876, Texans drafted and ratified Between 1827 and 1876, Texans drafted and ratified seven constitutions, each reflecting the politics of seven constitutions, each reflecting the politics of the period and the history of the state.the period and the history of the state.– Coahuila y Tejas (1827)Coahuila y Tejas (1827)– The Republic of Texas (1836)The Republic of Texas (1836)– The Statehood Constitution (1845)The Statehood Constitution (1845)– The Constitution for the Confederacy (1861)The Constitution for the Confederacy (1861)– The Constitution of Presidential Reconstruction The Constitution of Presidential Reconstruction

(1866)(1866)– The Constitution of Congressional Reconstruction The Constitution of Congressional Reconstruction

(1869)(1869)– The Constitution of 1875The Constitution of 1875

Coahuila y Tejas (1827)Coahuila y Tejas (1827)

• The first constitution governed Texas while it was The first constitution governed Texas while it was still a part of the Mexican Federation.still a part of the Mexican Federation.– Texas was joined with Coahuila as one state, although Texas was joined with Coahuila as one state, although

Coahuilan representatives dominated the legislature.Coahuilan representatives dominated the legislature.


• The constitution featured:The constitution featured:

– A community property systemA community property system

– A homestead exemption from bankruptcyA homestead exemption from bankruptcy

– Promote educationPromote education

– A separate executive, legislative and judicial authorityA separate executive, legislative and judicial authority

– A unicameral legislatureA unicameral legislature

– Establishment of Catholicism as the state religionEstablishment of Catholicism as the state religion


• The first constitution governed Texas while it was The first constitution governed Texas while it was still a part of the Mexican Federation.still a part of the Mexican Federation.– Texas was joined with Coahuila as one state, although Texas was joined with Coahuila as one state, although

Coahuilan representatives dominated the legislature.Coahuilan representatives dominated the legislature.– Texas lobbied for their own state within the Mexican Texas lobbied for their own state within the Mexican

Federation, but their requests were denied.Federation, but their requests were denied.• Mexico was rightfully concerned that an Mexico was rightfully concerned that an

independent Texas state within Mexico would soon independent Texas state within Mexico would soon want annexation to the United States.want annexation to the United States.

Republic of Texas (1836)Republic of Texas (1836)

• On March 2, 1836, at Washington-on-the-Brazos, Texas On March 2, 1836, at Washington-on-the-Brazos, Texas declared independence from Mexico and formed an declared independence from Mexico and formed an interim government under a constitution that was interim government under a constitution that was drafted in less than three weeks.drafted in less than three weeks.– David Burnet was selected as interim presidentDavid Burnet was selected as interim president– Most of the delegates were from the South and the Most of the delegates were from the South and the

document reflected the American influence.document reflected the American influence.• Brief and flexibleBrief and flexible• Bicameral legislature and an elected chief executiveBicameral legislature and an elected chief executive

After statehood in 1845, this flag became the state flag

Alamo Flag

War for IndependenceWar for Independence

• The election of Santa Anna as president of Mexico in 1834 was The election of Santa Anna as president of Mexico in 1834 was initially viewed by Texas as a positive event as they believed initially viewed by Texas as a positive event as they believed that he supported their autonomy within a loose federal state.that he supported their autonomy within a loose federal state.

• However, Santa Anna soon sought to consolidate power by However, Santa Anna soon sought to consolidate power by centralizing control over all of Mexico, including Texas.centralizing control over all of Mexico, including Texas.

• By early 1836 Santa Anna had crossed the Rio Grande at the By early 1836 Santa Anna had crossed the Rio Grande at the head of a large army:head of a large army:– The Alamo (3/6/36)The Alamo (3/6/36)– Goliad (3/27/36)Goliad (3/27/36)

• Sam Houston’s army retreated eastward.Sam Houston’s army retreated eastward.

War for IndependenceWar for Independence

• Confident of victory, Santa Anna divided his forces.Confident of victory, Santa Anna divided his forces.– One column was sent to capture the provisional government of One column was sent to capture the provisional government of

TexasTexas– One column was sent to find and destroy the Texas armyOne column was sent to find and destroy the Texas army– One column was sent to drive the fleeing civilians out of TexasOne column was sent to drive the fleeing civilians out of Texas

• Santa Anna pursued Houston’s army, but was outmaneuvered, Santa Anna pursued Houston’s army, but was outmaneuvered, caught napping, and routed in the Battle of San Jacinto (4/21/36)caught napping, and routed in the Battle of San Jacinto (4/21/36)

• Santa Anna was captured and forced to sign the Treaty of Santa Anna was captured and forced to sign the Treaty of Velasco which recognized Texas independence. Velasco which recognized Texas independence.


• From 1836 to 1839 the government of the Republic of Texas met From 1836 to 1839 the government of the Republic of Texas met in temporary quarters first at Washington-on-the-Brazos, then in in temporary quarters first at Washington-on-the-Brazos, then in Columbia, and then in Houston.Columbia, and then in Houston.

• In 1839, Edwin Waller was charged with making Austin the In 1839, Edwin Waller was charged with making Austin the capitol city of the Republic.capitol city of the Republic.


• The leading figures in the new nation were experienced The leading figures in the new nation were experienced politicians.politicians.

– Sam Houston was elected presidentSam Houston was elected president• Served in the U.S. Congress and was theServed in the U.S. Congress and was the

former Governor of Tennesseeformer Governor of Tennessee

– Mirabeau LamarMirabeau Lamar• Served in the state legislature of GeorgiaServed in the state legislature of Georgia



– Separation of powers into three branchesSeparation of powers into three branches

– A bicameral legislatureA bicameral legislature

– Checks and balancesChecks and balances

– A bill of rightsA bill of rights

– Democratic selection of government officialsDemocratic selection of government officials


• The people also overwhelmingly approved a referendum The people also overwhelmingly approved a referendum calling for annexation to the United States, but the United calling for annexation to the United States, but the United States was not ready for Texas.States was not ready for Texas.– It would come in as a slave state and Jackson feared a hostile It would come in as a slave state and Jackson feared a hostile

Northern reactionNorthern reaction

– General Santa Anna repudiated the Treaty of Velasco. Hence, General Santa Anna repudiated the Treaty of Velasco. Hence, Mexico still claimed Texas. The United States risked war with Mexico Mexico still claimed Texas. The United States risked war with Mexico and was not prepared for war.and was not prepared for war.

• So Texas remained an independent republic until 1845.So Texas remained an independent republic until 1845.

The Statehood Constitution (1845)The Statehood Constitution (1845)

• By the 1840s, annexation became more acceptable By the 1840s, annexation became more acceptable to the people of the United States, who believed to the people of the United States, who believed that the future of the country was tied to westward that the future of the country was tied to westward expansion.expansion.– James K. Polk was elected president with a platform James K. Polk was elected president with a platform

of Manifest Destiny (the inevitable expansion of the of Manifest Destiny (the inevitable expansion of the United States to the Pacific).United States to the Pacific).

– A joint resolution of Congress passed both houses A joint resolution of Congress passed both houses of Congress and on March 3, 1845, Texas became of Congress and on March 3, 1845, Texas became the 28the 28thth state. state.


• The annexation agreement contained some unusual The annexation agreement contained some unusual provisions:provisions:– Texas could divide itself in to as many as five statesTexas could divide itself in to as many as five states– The Texas flag could fly at the same height as the U.S. The Texas flag could fly at the same height as the U.S.

flagflag– Texas was responsible for paying off its foreign debtTexas was responsible for paying off its foreign debt– Texas would retain title to its public lands (unclaimed Texas would retain title to its public lands (unclaimed

land primarily in Western Texas)land primarily in Western Texas)• This land was to be sold to pay off the debtThis land was to be sold to pay off the debt


• Mexico had threatened to declare war on the United Mexico had threatened to declare war on the United States if they annexed Texas. They did not follow States if they annexed Texas. They did not follow through on this threat. Relations remained tense.through on this threat. Relations remained tense.

• Texas claimed that their southern border was the Texas claimed that their southern border was the Rio Grande River, while the Mexican government Rio Grande River, while the Mexican government claimed that Texas’ southern border was the claimed that Texas’ southern border was the Nueces River.Nueces River.– President Polk ordered the commander of United President Polk ordered the commander of United

States forces in Texas (Zachary Taylor) to move his States forces in Texas (Zachary Taylor) to move his forced into the disputed territory.forced into the disputed territory.


• Polk sent Congressman James Slidell to Mexico to Polk sent Congressman James Slidell to Mexico to negotiate the purchase of the disputed territory.negotiate the purchase of the disputed territory.– His mission failedHis mission failed

• General Taylor sent troops to the Rio Grande General Taylor sent troops to the Rio Grande (territory claimed by Mexico), and shots were fired.(territory claimed by Mexico), and shots were fired.

• Polk then received Congressional approval for a Polk then received Congressional approval for a declaration of war against Mexico.declaration of war against Mexico.


• Mexico City was captured in September of 1847 Mexico City was captured in September of 1847 and the Treaty of Guadalupe-Hidalgo was signed in and the Treaty of Guadalupe-Hidalgo was signed in 1848 which ceded the area between the Nueces 1848 which ceded the area between the Nueces River and the Rio Grande as well as modern day River and the Rio Grande as well as modern day California and New Mexico to the United States. California and New Mexico to the United States.

The Statehood Constitution (1845)The Statehood Constitution (1845)• The state drafted a new constitution which was The state drafted a new constitution which was

approved by Congress and ratified by the voters.approved by Congress and ratified by the voters.

– This constitution was well-written, appropriately This constitution was well-written, appropriately designed, and the best constitution ever produced by designed, and the best constitution ever produced by the state.the state.

– It borrowed heavily from the state constitutions of It borrowed heavily from the state constitutions of other Southern states and of the Republic of Texas.other Southern states and of the Republic of Texas.

– Many provisions from this constitution were Many provisions from this constitution were incorporated into subsequent state constitutions.incorporated into subsequent state constitutions.



– Separation of powers into three branchesSeparation of powers into three branches

– A bicameral legislatureA bicameral legislature

– A democratic form of governmentA democratic form of government

– Elected legislative and executive positionsElected legislative and executive positions

– Appointed judicial positionsAppointed judicial positions

– Homestead and community property provisionsHomestead and community property provisions


• In 1850, the state legislature appropriated money In 1850, the state legislature appropriated money for a permanent capitol on the site of Capitol for a permanent capitol on the site of Capitol Square (the current site of the capitol).Square (the current site of the capitol).

The Constitution of the The Constitution of the Confederacy (1861)Confederacy (1861)

• A state convention was held in January of 1861 A state convention was held in January of 1861 which passed a resolution, later ratified, calling for which passed a resolution, later ratified, calling for secession from the Union.secession from the Union.– Sam Houston warned Texans that northern numbers and

industrial capability would overwhelm the South– Most Texans came from the South– The vote was 46,153 for succession and 14,747 againstThe vote was 46,153 for succession and 14,747 against– Affirmation of “states rights” and the notion that the union was Affirmation of “states rights” and the notion that the union was

designed originally as a confederacy, in which sovereign states designed originally as a confederacy, in which sovereign states possessed a right to come and gopossessed a right to come and go

The Constitution of the The Constitution of the Confederacy (1861)Confederacy (1861)

• Texas was admitted to the Confederate States of Texas was admitted to the Confederate States of America, and a new constitution that was drafted that America, and a new constitution that was drafted that was little different from the constitution of 1845.was little different from the constitution of 1845.– All references to United States of America were All references to United States of America were

replaced with Confederate States of America.replaced with Confederate States of America.

TexasTexas

1845 18611845 1861

The Constitution of Presidential The Constitution of Presidential Reconstruction (1866)Reconstruction (1866)

• Abraham Lincoln’s plan for bringing the Southern Abraham Lincoln’s plan for bringing the Southern states back into the Union was very lenient.*states back into the Union was very lenient.*

– If 10% of the people who had voted in the 1860 If 10% of the people who had voted in the 1860 presidential election would swear their allegiance to presidential election would swear their allegiance to the United States, then the state could elect their own the United States, then the state could elect their own state government (Ten-Percent Plan).state government (Ten-Percent Plan).

*In 1868, the Supreme Court in *In 1868, the Supreme Court in Texas Texas v. v. WhiteWhite ruled that secession was ruled that secession was unconstitutional. Hence, the states of the Confederacy had never really unconstitutional. Hence, the states of the Confederacy had never really left the Union.left the Union.


• Andrew Johnson began to implement Lincoln’s plan Andrew Johnson began to implement Lincoln’s plan by appointing A.J. Hamilton as provisional governor.by appointing A.J. Hamilton as provisional governor.– His task was to restore civil governmentHis task was to restore civil government– Registration of votersRegistration of voters– Assess and collect taxesAssess and collect taxes

• A convention was called to draft a new constitution.A convention was called to draft a new constitution.

• The 1866 constitution is similar to that of 1845.The 1866 constitution is similar to that of 1845.– As required by the national government, the As required by the national government, the

convention abolished slavery, and repudiated the war convention abolished slavery, and repudiated the war debt and the ordinance of secession.debt and the ordinance of secession.


• A new legislature was elected and a new governor A new legislature was elected and a new governor was inaugurated (J. W. Throckmorton)was inaugurated (J. W. Throckmorton)

• On August 20, 1866, Andrew Johnson On August 20, 1866, Andrew Johnson

proclaimed the insurrection at an end.proclaimed the insurrection at an end.

• While hindered by federal troops, Throckmorton While hindered by federal troops, Throckmorton made steady progress in returning order to the statemade steady progress in returning order to the state

The Constitution of Congressional The Constitution of Congressional Reconstruction (1869)Reconstruction (1869)

• In the November elections of 1866, the radical In the November elections of 1866, the radical Republicans gained control of Congress.Republicans gained control of Congress.

– They chafed at the leniency of presidential They chafed at the leniency of presidential Reconstruction and insisted on more punitive Reconstruction and insisted on more punitive measures including the removal of former Confederate measures including the removal of former Confederate leaders from state governmental positions.leaders from state governmental positions.


• Congress passed additional Reconstruction Acts:Congress passed additional Reconstruction Acts:

– The South was divided into military districts with a The South was divided into military districts with a military leader superior to civil officials.military leader superior to civil officials.

– All voters had to take an oath of allegiance to the U.S.All voters had to take an oath of allegiance to the U.S.

– Ex-Confederates were prevented from voting; Blacks Ex-Confederates were prevented from voting; Blacks were enfranchised were enfranchised

– Demanded new state constitutional conventions that Demanded new state constitutional conventions that would be open to voters of both races.would be open to voters of both races.


• E.M. Pease was appointed as provisional governor E.M. Pease was appointed as provisional governor and he called for the convening of a constitutional and he called for the convening of a constitutional convention in April of 1868.convention in April of 1868.

– 90 delegates (10 were African-American and many others 90 delegates (10 were African-American and many others

were Carpetbaggers)were Carpetbaggers)

• Many provisions of this constitution are items that Many provisions of this constitution are items that reformers of today would support:reformers of today would support:– Annual legislative sessionsAnnual legislative sessions– Cabinet style leadership for the governorCabinet style leadership for the governor– Greater power at the state level and less at the local levelGreater power at the state level and less at the local level


• In the gubernatorial election of 1868, the moderate In the gubernatorial election of 1868, the moderate faction led by A.J. Hamilton was defeated by the faction led by A.J. Hamilton was defeated by the more radical supporters of E.J. Davis.more radical supporters of E.J. Davis.

– Davis defeated Hamilton by fewer than 800 votes of over 79,000 ballotsDavis defeated Hamilton by fewer than 800 votes of over 79,000 ballots

– The constitution was approved by over 65,000 votes.The constitution was approved by over 65,000 votes.

– In March of 1880, President Grant ended military rule in Texas. In March of 1880, President Grant ended military rule in Texas. Officially, Reconstruction was over.Officially, Reconstruction was over.

The Constitution of 1875The Constitution of 1875

• To many Texans, Reconstruction did not end in 1870.To many Texans, Reconstruction did not end in 1870.

• The Texas Legislature was dominated by the The Texas Legislature was dominated by the supporters of E.J. Davis (Radical Republicans).supporters of E.J. Davis (Radical Republicans).– A state police and a state militia were created under A state police and a state militia were created under

the control of the governor.the control of the governor.– The governor was given power to fill vacancies in the The governor was given power to fill vacancies in the

city, county, district and state levels.city, county, district and state levels.– The office of state printer was created (subsidized by The office of state printer was created (subsidized by

the government and thus sympathetic to the the government and thus sympathetic to the government) to print official documents.government) to print official documents.


• In September of 1871, a taxpayers convention met to In September of 1871, a taxpayers convention met to protest the high salaries of government officials, protest the high salaries of government officials, violations of the state constitution and the allegation violations of the state constitution and the allegation that the Davis administration was bankrupting the that the Davis administration was bankrupting the state.state.

• In 1872, Grant lost Texas to the Democratic In 1872, Grant lost Texas to the Democratic candidate, Horace Greeley, and Democrats took candidate, Horace Greeley, and Democrats took control of the state legislature.control of the state legislature.

• By 1873, many newspapers were calling for the By 1873, many newspapers were calling for the convening of a constitutional convention.convening of a constitutional convention.


• In 1873, Democrat Richard Coke defeated Governor In 1873, Democrat Richard Coke defeated Governor Davis by more than two to one, but the governor Davis by more than two to one, but the governor refused to leave office.refused to leave office.– When the local militia took the side of Coke, Davis beat a hasty When the local militia took the side of Coke, Davis beat a hasty

retreat.retreat.

• In 1874, Democrats gained control of the state In 1874, Democrats gained control of the state judiciary.judiciary.

• By 1875, the last vestige of the Republican By 1875, the last vestige of the Republican administration was the Constitution of 1869. Most administration was the Constitution of 1869. Most Texas believed that this too needed to be replaced.Texas believed that this too needed to be replaced.


• In early September of 1875, a constitutional In early September of 1875, a constitutional convention met in Austin. Of the 90 delegates:convention met in Austin. Of the 90 delegates:– 76 were Democrats; 14 were Republicans (including 6 blacks)76 were Democrats; 14 were Republicans (including 6 blacks)– Average age was 45Average age was 45– 72 were immigrants from other Southern states; 19 from 72 were immigrants from other Southern states; 19 from

TennesseeTennessee– About 50 had come to Texas between 1840 and 1870 and had About 50 had come to Texas between 1840 and 1870 and had

first hand experience with Reconstructionfirst hand experience with Reconstruction– 33 lawyers; 28 farmers; 3 merchants; 3 physicians; 2 editors; 2 33 lawyers; 28 farmers; 3 merchants; 3 physicians; 2 editors; 2

teachers; 2 mechanics; 1 minister; and 1 postmasterteachers; 2 mechanics; 1 minister; and 1 postmaster– Many had held high ranks in the Confederate Army; 3 had been Many had held high ranks in the Confederate Army; 3 had been

Union Army officersUnion Army officers– None had been members of the Convention of 1869None had been members of the Convention of 1869

Delegates to theConstitutionalConvention of

1875


• Almost half of the delegates were members of the Almost half of the delegates were members of the Texas Grange, a farmers organization.Texas Grange, a farmers organization.

– They favored frugality and anti-monopolistic business practicesThey favored frugality and anti-monopolistic business practices

– Members favored low taxes and limited governmental servicesMembers favored low taxes and limited governmental services

– Members favored governmental regulation of the railroads, banks Members favored governmental regulation of the railroads, banks and other corporationsand other corporations

– Members favored a limited public school systemMembers favored a limited public school system

– Members wanted a poll tax as a suffrage requirementMembers wanted a poll tax as a suffrage requirement


• The new constitution included a provision for The new constitution included a provision for financing a new capitol building. In 1881, just as the financing a new capitol building. In 1881, just as the plans for a new capitol were finished, the 1853 plans for a new capitol were finished, the 1853 capitol burned to the ground. The new capitol, capitol burned to the ground. The new capitol, financed by the sale of three million acres of public financed by the sale of three million acres of public land, was completed in 1888.land, was completed in 1888.

XIT RanchXIT Ranch

• Land in the Texas PanhandleLand in the Texas Panhandle

was given to a group of Chicagowas given to a group of Chicago

investors as compensation forinvestors as compensation for

the construction of a new statethe construction of a new state

capitol in Austin. The landcapitol in Austin. The land

(3,000,000 acres) covered (3,000,000 acres) covered

portions of 10 counties. Thisportions of 10 counties. This

became the XIT Ranch and became the XIT Ranch and

operated from 1885 to 1912.operated from 1885 to 1912.


• The delegates were experienced in governmental The delegates were experienced in governmental affairs, but not very well read in the writings of the affairs, but not very well read in the writings of the great philosophers.great philosophers.

• These were people who had been uninvolved in These were people who had been uninvolved in decision-making and they now had the opportunity to decision-making and they now had the opportunity to draft a state constitution to their liking.draft a state constitution to their liking.

““We know that the convention has relatively but a few We know that the convention has relatively but a few able men in its composition, but those we deem very able men in its composition, but those we deem very

able, with sound clear judgment.”able, with sound clear judgment.”San Antonio Herald, San Antonio Herald, 18751875


Goals and ObjectivesGoals and Objectives

•Restrict the power of the state governmentRestrict the power of the state government– Many believed that excessive tax money was spent to fund inappropriate Many believed that excessive tax money was spent to fund inappropriate

government activitiesgovernment activities

• Promoting railroad constructionPromoting railroad construction

• Excessive funding of public schoolsExcessive funding of public schools

• Public debt had increased twenty times over what it had been in Public debt had increased twenty times over what it had been in 18661866

•Further the interests of the agrarian communityFurther the interests of the agrarian community– Limit the power of banks and railroadsLimit the power of banks and railroads

– Place most of the power at the local levelPlace most of the power at the local level


• The new constitution was longer and more detailed The new constitution was longer and more detailed than previous state constitutions.than previous state constitutions.

• Limit on legislative powers:Limit on legislative powers:

– Legislators were to meet in biennial sessions and only for a maximum of Legislators were to meet in biennial sessions and only for a maximum of 140 days140 days

– Legislator’s salary was reduced; any increase in salary would require a Legislator’s salary was reduced; any increase in salary would require a constitutional amendmentconstitutional amendment

– Required legislators to create a balanced budgetRequired legislators to create a balanced budget

– By including detailed sections on education, finance and railroad By including detailed sections on education, finance and railroad regulation, it forced legislators to propose constitutional amendments if regulation, it forced legislators to propose constitutional amendments if they wanted to adopt policy changesthey wanted to adopt policy changes


• Limit on executive powerLimit on executive power

– The executive branch was to consist of seven persons, all electedThe executive branch was to consist of seven persons, all elected

– The governor was given the responsibility to “execute the laws” but not The governor was given the responsibility to “execute the laws” but not the power to do sothe power to do so

– The governor’s salary was cutThe governor’s salary was cut

– The term of office was reduced to two years from fourThe term of office was reduced to two years from four

– While the governor could appoint minor officials, he could not remove While the governor could appoint minor officials, he could not remove themthem


• Limit on judicial powerLimit on judicial power

– The judicial article provided for the election of all judges to relatively brief The judicial article provided for the election of all judges to relatively brief termsterms

– The court system was divided into two segments (civil and criminal) The court system was divided into two segments (civil and criminal) thereby limiting the types of cases individual courts could hearthereby limiting the types of cases individual courts could hear

– By writing a long and detailed constitution they left little room for judicial By writing a long and detailed constitution they left little room for judicial interpretationinterpretation


• The Bill of Rights: Texans wanted to make sure that The Bill of Rights: Texans wanted to make sure that individual liberties would never again be trampled.individual liberties would never again be trampled.

– 30 very detailed and lengthy amendments30 very detailed and lengthy amendments– Can not be imprisoned for debtCan not be imprisoned for debt– No monopolies are allowedNo monopolies are allowed– Cannot use state money for religious purposesCannot use state money for religious purposes– Cannot deport a citizen from the state for any offense Cannot deport a citizen from the state for any offense

committed in Texascommitted in Texas

Comparing Constitutions


• The constitution reflected measures that were The constitution reflected measures that were popular in the 1870s; unfortunately the constitution popular in the 1870s; unfortunately the constitution was time-bound to that era.was time-bound to that era.

• Hence, bringing Texas into the 20Hence, bringing Texas into the 20thth and 21 and 21stst centuries centuries falls on the amending process rather than the falls on the amending process rather than the legislative process.legislative process.

– The fundamental law for the state is kept up to date The fundamental law for the state is kept up to date not by custom, usage and interpretation, but by the not by custom, usage and interpretation, but by the amending process.amending process.

Uniquely TexasUniquely Texas

• Many settlers came to Texas to escape debts, so the Many settlers came to Texas to escape debts, so the Texas Constitution promised that no one could be Texas Constitution promised that no one could be imprisoned for debt and your homestead could not imprisoned for debt and your homestead could not be seized for debt.be seized for debt.

• Even in bankruptcy, your homestead and personal Even in bankruptcy, your homestead and personal property up to $60,000 for married couples and property up to $60,000 for married couples and $30,000 for singles is protected.$30,000 for singles is protected.

• Retirement accounts (IRAs, 401k, 403b, and Retirement accounts (IRAs, 401k, 403b, and educational IRAs) are protected.educational IRAs) are protected.

Uniquely TexasUniquely Texas• Texans enjoy a general protection against Texans enjoy a general protection against

garnishments (seizure of wages to pay debts).garnishments (seizure of wages to pay debts).– Exceptions include spousal and child support, Exceptions include spousal and child support,

repayment of student loans, and payment to the IRSrepayment of student loans, and payment to the IRS

• Texas is a community property stateTexas is a community property state– Property acquired before marriage or after marriage Property acquired before marriage or after marriage

by gift or inheritance remains separate, but all property by gift or inheritance remains separate, but all property acquired in marriage is held in commonacquired in marriage is held in common

• There is a provision that requires officeholders to There is a provision that requires officeholders to affirm a belief in a “supreme being”affirm a belief in a “supreme being”– Violates the U.S. Constitution (1Violates the U.S. Constitution (1stst Amendment) Amendment)

Amendments Amendments

YearsYears # Proposed# Proposed # Adopted# Adopted Average #/YearAverage #/Year

1879-19001879-1900 31 31 17 17 0.81 0.81

1901-19201901-1920 55 55 21 21 1.05 1.05

1921-19401921-1940 91 91 47 2.35 47 2.35

1941-1960 78 591941-1960 78 59 2.95 2.95

1961-1980 151 981961-1980 151 98 4.90 4.90

1981-2000 180 1981-2000 180 148 148 7.40 7.40

2001-20112001-2011 89 89 84 84 7.64 7.64

Constitutional AmendmentsConstitutional AmendmentsNovember 5, 2013November 5, 2013

• Authorize the legislature to provide for a property tax exemption for the Authorize the legislature to provide for a property tax exemption for the spouses of veterans.spouses of veterans.

• Eliminate a requirement for the State Medical Education Board and the Eliminate a requirement for the State Medical Education Board and the State Medical Education Fund (neither is in operation with the State Medical Education Fund (neither is in operation with the Education Board closing over 25 years ago).Education Board closing over 25 years ago).

• Extend the tax exemption period on storing aircraft parts in the state Extend the tax exemption period on storing aircraft parts in the state and would provide more tax relief for aerospace manufacturers.and would provide more tax relief for aerospace manufacturers.

• Authorize the legislature to give a partial property tax exemption on Authorize the legislature to give a partial property tax exemption on charity donated residences to disabled veterans or their surviving charity donated residences to disabled veterans or their surviving spouses (would eliminate the 100% disabled requirement).spouses (would eliminate the 100% disabled requirement).

• Allow home owners 62 or over to use reverse mortgages to purchase Allow home owners 62 or over to use reverse mortgages to purchase residences.residences.

Constitutional AmendmentsConstitutional AmendmentsNovember 5, 2013November 5, 2013

• Would create two funds to finance key projects in the state’s water plan Would create two funds to finance key projects in the state’s water plan by pulling about $2 billion from the Texas Economic Stabilization Fund by pulling about $2 billion from the Texas Economic Stabilization Fund (pulling money from the Rainy Day Fund).(pulling money from the Rainy Day Fund).

• Allow home rule municipalities to chose how to fill city council Allow home rule municipalities to chose how to fill city council vacancies if the positions have less than 12 months remaining in a 3 or vacancies if the positions have less than 12 months remaining in a 3 or 4 year term (eliminates the requirement to hold special elections).4 year term (eliminates the requirement to hold special elections).

• Repeal a provision authorizing the creation of a hospital district in Repeal a provision authorizing the creation of a hospital district in Hidalgo County.Hidalgo County.

• Authorize the State Commission on Judicial Conduct to use additional Authorize the State Commission on Judicial Conduct to use additional disciplinary actions – including public admonition, reprimand , or disciplinary actions – including public admonition, reprimand , or required additional education or training – against judges or justices required additional education or training – against judges or justices after a hearing (current law only allows public censure, removal or after a hearing (current law only allows public censure, removal or retirement). retirement).

“Half the ballot items are ridiculousbecause they deal with doing awaywith a constable’s position in ErathCounty or somewhere and the otherhalf no one can understand becausethey involve bond financing or somearcane part of the Constitution thathas to be fixed.”

Former Senator Bill Ratliff

Prospects for ReformProspects for Reform

• Calls to revise the constitution began fairly soon Calls to revise the constitution began fairly soon after its ratification.after its ratification.

• It was not until 1974 that a convention was heldIt was not until 1974 that a convention was held

– The legislature created a Constitutional Revision Commission to The legislature created a Constitutional Revision Commission to make recommendations to members of a constitutional make recommendations to members of a constitutional convention, composed of members of the Texas Legislatureconvention, composed of members of the Texas Legislature

• The revision commission proposed a draft of a new The revision commission proposed a draft of a new constitution and this draft became the basis for debate in constitution and this draft became the basis for debate in 1974.1974.


• Special interest groups that were protected by the Special interest groups that were protected by the Constitution of 1876 were afraid of losing their Constitution of 1876 were afraid of losing their protected status.protected status.– JPs feared the requirement that all state judges be attorneysJPs feared the requirement that all state judges be attorneys– Texas A&M and UT-Austin were worried about protecting the Texas A&M and UT-Austin were worried about protecting the

Permanent University FundPermanent University Fund– The highway lobby was worried about the Highway Trust FundThe highway lobby was worried about the Highway Trust Fund– ““Right to Work” angered labor leadersRight to Work” angered labor leaders

• Members of the legislature were delegates and were Members of the legislature were delegates and were afraid of alienating the major benefactors in their afraid of alienating the major benefactors in their districts.districts.


• In 1975, the legislators voted to present the failed In 1975, the legislators voted to present the failed constitution to the voters as a series of eight constitution to the voters as a series of eight constitutional amendments.constitutional amendments.

– Voters in 250 of the 254 counties rejected all eight amendmentsVoters in 250 of the 254 counties rejected all eight amendments

– Overall, it was rejected by a 4 to 1 marginOverall, it was rejected by a 4 to 1 margin

Can Texas Secede?

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By Loren Miller 1875 Constitution Constitutions Constitutions “A constitution should be short and...

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