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 Created a modern state government 2. Created a strong state government 3. Weakened local government 4. Created a strong governor 4 year term; high salary, appointive powers 5. Annual legislative sessions 6. Black equality

Constitutional Convention of 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 CONSTITUTIONS A COMPARISON 1 AVERAGE LENGTH   National ave: 30,000 words   Texas Const.:93,000+ words   US. Const.:8,700 words

STATE CONSTITUTIONS A COMPARISON 2 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 BRANCHES 1 GOVERNOR  Weak figure-head –  Limited appointment, removal, & directive powers  Ranked 50 th (1971) & 36 th (1996 )

Constitutional Powers of State Governors

TEXAS CONSTITUTION & THE 3 BRANCHES 2 TEXAS LEGISLATURE Part-time—biennial sessions--maximum of 140 days Low paid - $7,200/year Inadequate staff Excessive constitutional rules Ranked 36 th

Legislative Salaries & Per Diem Pay –10 Megastates

TEXAS CONSTITUTION & THE 3 BRANCHES 3 TEXAS JUDICIARY Dual Court System Judges elected in partisan elections & low qualifications Ranked 42 nd

TEXAS CONSTITUTION & THE 3 BRANCHES 4 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

Constitutional Revision Attempts Texas Legislative Council Governor Connally & Study Commission Study Commission & Constitutional Convention Election – 8 constitutional provisions

Reasons for Failure Anti change conservative philosophy Ignorance of the Public Public Apathy Organized opposition of powerful wealthy interest groups