Chapter 2

1. Chapter 2 Texas Constitution

2. Introduction • The current Texas Constitution creates unique obstacles to governing. • Some believe the case is easily made that Texas needs an entirely new state constitution.

3. Constitutional Government • Constitutions provide stability by outlining government responsibilities and citizen rights while being adaptable to changing demands. • Where the U.S. Constitution is brief and flexible [liberal], the Texas Constitution is long, detailed and rigid [statutory].

4. The Federal System of the United States • Three basic systems of political decision-making: • Confederal • Unitary • Federal

5. The Federal System (con’t) – Vertical and Horizontal Power • Vertical federalism—the distribution of power between the national government and state governments • Concurrent powers—powers shared by national and state governments • Horizontal federalism—constitutional regulation of the relationship between and among states

6. The Federal System (con’t) – The Evolving Idea of Federalism • Fiscal federalism - use of national financial incentives such as categorical grants, block grants, and general revenue sharing • Unfunded mandates - state and local government bearing the costs of federal requirements; clean air stnds, equal access to public facilities for disabled

8. Federalism vs State’s Rights • Debated areas today • Same-sex marriage: does DOMA interfere with state’s right to choose definition?* Role of full faith and credit clause of US Constitution? • Health care reform • Bailouts and stimulus packages *Tx Amendment in 2005 defines union betw man and woman

9. Texas Constitutions and Immigration Rights • Texas’s six constitutions reflect the influences of Spanish and Mexican rule and English common law. • Texans were a frustrated immigrant minority whose experiences were manifested in the Constitution of the Republic (1836). • Hispanics in Texas today fight for many of the same rights that Anglos demanded under Mexico a century ago.

10. Spanish rule Women’s rights included: Rt to hold property ½ marriage property Rt to manage own affairs Protect debtor’s home, farming equipment and trade tools

11. 6 constitutions • Mexican state: Coahuila y Tejas • Republic – 1836-1846 • Statehood – 1845-1861 • Confederate state – 1861-1866 • Reconstruction – 1866 & 1869 (Radical republicans) • Constitution of 1876 - current

12. The Constitution of 1836 U.S. Constitution • 2-year terms for House • 6-year terms for Senate • 4-year terms for president • Federal structure • 1-year terms for House • 3-year terms for Senate • 3-year terms for president; consecutive terms prohibited (but can repeat) • Legalization of slavery specifically noted Texas Constitution

13. The Constitution of 1845 • Acknowledged the U.S. federal system • Emphasized individual rights in light of the economic vulnerability of most Texans at the time • Mandated that one-tenth of the state’s annual revenue be set aside to create a permanent school fund

14. The Constitution of 1861 Secession and the Constitution of 1861: • Same general structure as the 1845 constitution with stronger statements about states’ rights and stronger protections for slavery

15. The Constitution of 1866 Acknowledged the end of slavery, the U.S. federal system, yet did not grant equal political rights to African-Americans. Weaker governor as less appointments, but did have line-item veto Elected judges Property ownership of Mineral rights

16. The Constitution of 1869 • Referred to as the constitution of the Radical Republicans • Characterized by centralization of government • Viewed as an anomaly in Texas’s constitutional development • Under the administration of Republican and former Union commander E.J. Davis, the new constitution would have lasting effects on Texas government.

17. The Constitution of 1876 The Constitution of 1876: • Contains 17 articles • Reflected a deep distrust of government • Written during a very agrarian time • Embodied Framers’ intention to limit the powers of government and the railroads. • Promoted individual freedom • Provided for three branches of government, all limited in their powers, also cks and balances

18. Tx Articles

19. Individual Freedom • BR = 1st article • Usual rights – speech, press, religion, search, jury trials • Can never suspend habeas corpus • Can not be imprisoned for debt • Community property for marriages • Homestead protections

20. Amendment Anyone?

21. Overview of Branches Legislative Bicameral, meets biennially for 140 days, 30-day special sessions called by governor Low salary so dominated by wealthy Forbids state income tax, only local has property tax with ceiling One subject bills

22. Weak governor as “plural executive” Most executive offices elected by people, only major apptmt = Sec’y of State 4 year term with no term limits now Does have line-item veto and control of special session agenda Executive branch

23. 2 high courts, TX SCt (civil) & TX Ct of Crim App (criminal) Elected to office (Fundraising vs impartiality/independence) Judiciary

24. Civil Rights Discrimination against minorities continued No poll tax! Women on jury in 1950’s Compulsory education reinstated 1915 1972 equal rights amendment Protects voters from arrest going to and from polls on Election Day!

25. Criticisms of the Texas Constitution • Ended compulsory education and required segregated schools (amended in 1915 and 1972 respectively) • Powers, terms, and salaries of legislative and executive members were limited. • “One of the most frequently cited criticisms is the amount of specific detail in the current constitution. The Texas Constitution is a long list of specific rules rather than a set of fundamental legal principles for state law.” (p. 49)

26. Adjectives • Fractured • Incremental • Disorganized • Picky • And??????

27. Attempts to revise TX Constitution have consistently failed • Amendments continue to be passed by majority of low, low voter turnout

28. Voter turn out on amendments