The Constitution

Introduction Purposes of a Written Constitution –Establish institutions of government –Define relationship with each other –Limits government Texas in the Federal System –1845

Division of Powers National Powers –Delegated –Implied McCulloch v. Maryland (1819) Concurrent Powers Reserved Powers

Horizontal Federalism –Article 4, Sec. 1 –Full Faith and Credit Clause –Article 4, Sec. 2 –Privileges and Immunities Supremacy Clause –Article 6

State Constitutions The Politics of Change State Constitutions in History –The First State Constitutions –Pre-Civil War Democracy Long ballot Spoils system –Correcting Abuses

Figure 2.1 – State Constitutions’ Length and Number of Amendments, 2002 Source: Data from The Book of the States 2002, p. 14, Council of State Governments

The Texas Constitution Constitution of 1827 Constitution of 1836 Constitution of 1845 Constitution of 1861 –Texas v. White (1869) Constitution of 1866 Constitution of 1869 Constitution of 1876

The Texas Constitution Today Basic Characteristics –Restrict power and authority of government –Detailed, resembles a legislative code –Needs constant amending

The Texas Constitution Today Basic Constitutional Articles –The Bill of Rights Habeas corpus –Separation of Power Legislative Branch Executive Branch The Courts –Local Government –Suffrage –Amendments

Evaluating the Texas Constitution 1974 Constitutional Convention

Figure 2.2 – Statutory Initiative and Referendum and Recall in the States Source: Data from The Book of the States 2002, pp. 223, 248-9, Council of State Governments

Supremacy Clause Article 6