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Pearson Longman PoliticalScience Interactive

Pearson Longman PoliticalScience Interactive. Shea, Green, and Smith Living Democracy , Second Texas Edition Chapter 20: The Texas Constitution. The Constitutional Legacy. 1827: Constitution of Coahuila y Tejas 1836 : Constitution of the Republic 1845 : Constitution of 1845

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Pearson Longman PoliticalScience Interactive

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  1. Pearson LongmanPoliticalScienceInteractive Shea, Green, and Smith Living Democracy, Second Texas Edition Chapter 20: The Texas Constitution

  2. The Constitutional Legacy 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 First adopted in 1876, amended 400 times 6 further constitutions

  3. The Constitutional Legacy The Texas Constitution in a Comparative Perspective

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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.

  9. 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.

  10. 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

  11. General Principles and Structural Impact of the Texas Constitution

  12. 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 Separation of PowersDivision of powers among three distinct branches of government— legislative, executive, judicial— which serve as checks and balances on each other’s actions

  13. 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

  14. General Principles and Structural Impact of the Texas Constitution Consequence of Detail • Limits the capacity for change • Obsolete provisions • Large numbers of amendments

  15. Pathways of Action: Budget Restrictions • Legislature meets every two years • Deficit spending barred • Certain expenditures not discretionary

  16. 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.

  17. 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

  18. 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

  19. Constitutional Change and Adaptation Further Reforms: • 197 amendments, 1975–2008 • Interest groups powerful

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