Texas Constitutions The Legal Context of Texas Politics and Government Topical Scenario – On Campus Constitutions - Past and Present

Topical Scenario HJR 1 and SJR 1 of 76th Legislature Angelo State Constitution (1999) –Reduced size from 81,000 to 19,000 words –Eliminated “deadwood” –Streamlined plural executive branch –Eliminate partisan judicial elections –Consolidate and simplify local government provisions Never left Select House Committee on Constitutional Review

Texas Constitutions The legal document which embodies the ideals and fundamental premise of the political and governmental system. There have been 7 Constitutions in Texas since the revolution.

Purpose Provides government with legitimacy. Establishes and organizes government. Gives government power to operate. Places explicit limits on government.

Legitimacy Links government to democracy - consent of the people. Usually through the ratification process. Is this 131 year old constitution legit? –Tacit consent - “love it or leave it” –Amending process is on going consent

Establishment Only one state government. Local governments derive their authority from the state. Ideal or liberal constitutions - U.S. and early Texas Statutory constitutions - lengthy, detailed and at times convoluted.

Operations Police power - right to restrict individual freedom in the interest of public health, Power to tax - essentially the power to confiscate. –In 2001 the average Texan paid $.32 out of every $1 earned in taxes. –In 2007 the average Texan has to work until April 19 th to pay a years worth of Tax

Limitations What the government cannot do. Article 1 - Texas Bill of Rights. Contains 31 sections. –Equal protection (race, ethnicity, gender) –Religion –Due process –Speech

History of Texas Constitutionalism Federal Constitution of the United States of Mexico – 1824 –Mexican State of Coahuila y Tejas Republic of Texas Constitution of 1836 –Six Articles and Three Addendums –Created county as basic unit of local government –Separation of Powers ( Cabinet Style Executive ) –Checks and Balances –Allowed Government Borrowing –Requires Creation of Public School System

The Republic of Texas

State of Texas Constitution 1845 Created “Jacksonian Democracy” –Spoils system –Increased number of elected positions –Appointment of judges Limited state debt –Considered most lasting contribution Plural executive Homestead protection Community Property

Confederate State of Texas Constitution Membership in Confederacy Slavery made explicitly constitutional

(Rein)State of Texas Constitution Constitutional abolition of slavery Cancellation of debts and obligations as a confederate state Added line item veto Segregated school system

Reconstruction Constitution 1869 Republican effort to punish southern states –Republican Governor Edmund Davis Grants suffrage to African Americans Ratification of 14th Amendment Other provisions as acceptable to Congress Created a centralized government Large growth in expenditures and debt Increased taxes Reduced “Jacksonian Democracy” Disenfranchisement of former confederates

Contemporary Constitution 1876 Democrats recapture control Over-reaction to reconstruction period Statutory rather than ideal constitution Democratically controlled convention Influenced by agrarian movement of times

Provisions of Current Constitution Seventeen Articles Article 1 - Bill of Rights Article 2 - Separation of Power Article 3,4,5 –Legislature –Biennial sessions with length of 140 days –Balanced budget –Dedicated funds –Popular ratification

Articles 3, 4, 5 Continued Executive –Plural office –Little control over bureaucracy Judiciary –Virtually all judges elected –Two supreme Courts

Article 17 - Amendment Process Requires joint resolution of 2/3 of Texas House and Senate. Approval by the Attorney General Majority popular vote. Pattern since 1980 is during odd year special elections. No provision for popular referendum or initiatives.

Criticisms Disorganized - local government references found in many places. Substantive issues –Pluralistic weak executive –Weak legislature - sessions, pay, funds –Overlapping, elected judiciary Changing local government requires amendment, loss of flexibility and adaptability.

Revision Efforts Amend Sections or Rewrite Entirely Legislative agenda, governor refuses to call convention Legislative referendum fails 3 to Efforts blocked by legislature Rejected by legislature but resulting amendments repeal obsolete provisions.

Last Serious Attempt to Legislature amended the constitution allowing legislature to meet as constitutional convention Passed 61% to 39% Became politics as usual –Right-to-work-law Committee vote 50% Ratification required 2/3 118 to 62 (fell 2 short of 2/3) No new Constitution was proposed

Political Constitutional Ideology Liberals favor ideal style favor economic regs favor strong Bill of Rights favor strong executive and active legislature Libertarians favor statutory style favor less govt favor low taxes Fiscally conservative Conservatives favor statutory style oppose economic regs favor low taxes Favor strong business climate Populists favor ideal style favor economic regs favor active legislature favor strong executive favor more regulation