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Chapter Two

Federalism and the Texas Constitution. Chapter Two. American Federalism. Federalism The division of power between a national government and the 50 associated regional governments. American Federalism. Constitutional mechanisms Reserved Powers (Tenth Amendment)

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Chapter Two

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  1. Federalism and the Texas Constitution Chapter Two

  2. American Federalism • Federalism • The division of power between a national government and the 50 associated regional governments.

  3. American Federalism • Constitutional mechanisms • Reserved Powers (Tenth Amendment) • National Supremacy Clause (Article VI) • Delegated & Implied Powers (Article I, Section 8) • Limitations on the States (Article I, Section 10) • Guarantees to the States (various) • Privileges & Immunities Clause (Article IV) • Full Faith & Credit Clause (Article IV) • Sovereign Immunity (Eleventh Amendment)

  4. American Federalism • An evolving process • States’ Rights & the Civil War • Congressional Regulation of the Economy • Federal grants-in-aid • Devolution • Block grants

  5. Texas’s Constitution of 1876 • Written in 1875 • Texas’ seventh constitution • Amended 439 times by end of 2006 • More than 90,000 words long

  6. Texas’s Constitutional History • Constitution of Coahuila y Tejas (1827) • Constitution of Republic of Texas (1836) • Constitution on joining United States (1845) • Secession Constitution (1861) • Reconstruction Constitution (1866) • Constitution of 1869 • Constitution of 1876

  7. Texas’s Constitution of 1876 • 1875 Constitutional convention participants • 75 Democrats, 15 Republicans • 6 African Americans • 40 percent members of the Grange

  8. Texas’s Constitution of 1876 • Convention goals: “retrenchment & reform” • Restrict governmental power • Reduce public services • Limit state debt and taxing power

  9. Texas’s Constitution of 1876 • 1875 Convention philosophy • Distrust of government • Hostility toward government • Limits on government

  10. Texas’s Constitution of 1876 • Amending the Texas constitution • Joint resolution proposing amendment introduced in Texas House or Senate. • Two-thirds in each chamber votes to adopt the resolution. • Secretary of state prepares brief summary of amendment that Attorney General approves. • Explanatory statement published twice in Texas newspapers that publish official state notices. • Copy of proposed amendment posted in each county courthouse. • In regular or special election, voters approve by simple majority. • Governor proclaims the amendment.

  11. Texas’s Constitution of 1876 • Recent revision attempts • 1974 Constitutional Revision Convention • 1975 Constitutional Revision Resolution • 1995 Montford Plan • 1999 Ratliff-Junell Draft

  12. Texas’s Constitution of 1876 • The Bill of Rights (Article I) • Protection of people and property from arbitrary governmental actions, including free speech, press, religion, assembly, petition, right to keep and bear arms, just compensation and protection of contracts. • Protection of those accused of crimes, convicted of crimes, and victims of crimes. • Equal rights for women

  13. Texas’s Constitution of 1876 • Power map of government • Separation of Powers (Article II) • Legislative Department (Article III) • Executive Department (Article IV) • Judicial Department (Article V)

  14. Texas’s Constitution of 1876 • Suffrage (Article VI) • Sets state qualifications to vote, but amended to respond to federally-mandated changes, such as end of poll taxes and reduction of voting age to 21. • Local Government (Article IX & various) • Authorizes such units of local government as counties, municipalities, school districts and other special districts.

  15. Texas’s Constitution of 1876 • Other constitutional articles • Education • Taxation and Revenue • Railroads • Private Corporations • Spanish and Mexican Land Titles • Public Lands and Land Office • Impeachment • General Provisions • Mode of Amendment

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