Government

Texas 2306

Texas Constitutional History

• 1827 Constitution of Coahuila y Tejas

• 1836 Texas Republic Constitution

• 1845 Statehood Constitution

• 1861 Confederacy Constitution

• 1866 Readmission Constitution

• 1869 Reconstruction Constitution

• 1876 Constitution

Reconstruction Constitution of 1869

1. Created a modern state government2. Created a strong state government3. Weakened local government4. Created a strong governor

4 year term; high salary, appointive powers

5. Annual legislative sessions6. Black equality

Constitutional Convention of 1875

•

1. Weaken state government

2. Place fiscal limits on government

Delegates to 1875 Constitutional Convention

90 Delegates:

• 75 Democrats & 15 Republicans• 41 farmers• 38 Grange members• 29 lawyers• 20+ ex-Confederate army officers• 84 whites & 6 blacks (all Republican)

1876 Constitution

• 1.Weakened Governor• 2. Weakened Legislature• 3. Fragmented Court System• 4. Restricted Public Education• 5. Limited Public Debt• 6. Restricted Powers to Tax & Spend• 7. Strengthened Local Government• 8. Provided Regulations on RR &

Businesses

Governor

• Shortened Term from 4 to 2 years

• Appointment powers limited– Judges now elected– Plural Executive—dept. heads elected

• Removal powers limited

• Directive powers (to issue executive orders) limited

Legislature

• Biennial legislative sessions

• Salary reduced, put in constitution -$7,200

• Constitutional rules– All bills-3 readings on 3 different days– All bills must 2 House & 2 Senate floor

votes

Judiciary

• Fragmented court system– Dual court structure

• Low qualifications

• Lower courts – no official records kept

Restricted Public Education

– Power to run public schools taken away from state government

– Power to run public schools given to local government—locally elected school boards

Fiscal Limits

• Limited Public Debt– Limited to $200,000 maximum

• Restricted Powers to Tax & Spend– No state income tax without voter approval– Constitution requires balanced budget– Comptroller issues revenue estimate =

maximum spending limit of state budget

Final Provisions

• Strengthened Local Government– Local courts created– Public schools locally run

• Provided Regulations on RR & Businesses

Good Points• Weaker state government = less chance of

abuse of power

• Limits on taxing, spending, & borrowing- keeps spending & taxes lower and no state deficit.

• Stronger local government makes it easier for citizens to influence important decisions affecting their daily lives

• Regulation of railroads & corporations

Bad Points• Not a forward looking document• Too long• Excessive detail• Outdated sections• Badly written• Too restrictive• Diffusion of power = no leadership• To develop state programs-must amend

constitution

Articles of the Texas Constitution

STATE CONSTITUTIONSA COMPARISON1

AVERAGE LENGTH

    National ave: 30,000 words    Texas Const.: 93,000+ words    US. Const.: 8,700 words

STATE CONSTITUTIONSA COMPARISON2

AVERAGE NO. OF AMENDMENTS

    National average: 117 amends.    Texas Const.: 455 amends.

(as of Nov. 2007)

    US Const.: 27 amends.

State Constitutions-Length & Amendments

TEXAS CONSTITUTION& THE 3 BRANCHES1

GOVERNOR

Weak figure-head –

Limited appointment, removal, & directive powers

Ranked 50th (1971) & 36th (1996)

Constitutional Powers of State Governors

TEXAS CONSTITUTION& THE 3 BRANCHES2

TEXAS LEGISLATURE• Part-time—biennial sessions--maximum

of 140 days

• Low paid - $7,200/year

• Inadequate staff

• Excessive constitutional rules

• Ranked 36th

Legislative Salaries & Per Diem Pay –10 Megastates

TEXAS CONSTITUTION& THE 3 BRANCHES3

    TEXAS JUDICIARY

• Dual Court System• Judges elected in partisan elections &

low qualifications• Ranked 42nd   

TEXAS CONSTITUTION& THE 3 BRANCHES4

RESULT:

o A power vacuum filled by lobbyists & interest groups

o Little regulation, leadership, & oversight

Amendment Process

• TEXAS·  Need 2/3 majority approval of Texas House &

Senate

·  Ratification by voters-simple majority

• UNITED STATES·  Need a 2/3 majority of U.S. House & Senate

· Need a ratification by ¾ (38) of State Legislatures

Texas Constitutional Amendments - 1879-1997

Constitutional Revision Attempts

• 1957- Texas Legislative Council

• 1966 - Governor Connally & Study Commission

• 1971-74 - Study Commission & Constitutional Convention

• 1975 - Election – 8 constitutional provisions

Reasons for Failure

• Anti change conservative philosophy

• Ignorance of the Public

• Public Apathy

• Organized opposition of powerful wealthy interest groups