The Texas State Constitution What are the history, contents, and importance of the first State constitutions? What is the history of the Texas constitution? What is the process for constitutional change? Is there a need for reform of State constitutions?

The First State Constitutions Most were modeled after colonial charters. Each proclaimed the principles of popular sovereignty, limited government, separation of powers, and checks and balances. None provided for full religious freedom. Each set rigid qualifications for voting and officeholding. All gave property owners a favored standing.

The History of the Texas Constitution 1836 The constitution of the Republic of Texas was ratified; included the separation of powers as well as a system of checks and balances, adopted community property, homestead exemptions and protections, and special relief to debtors 1845 Texas was admitted into the United States of America and ratified a new constitution to reflect its statehood. 1861 Texas seceded from the United States and created a new State constitution with stronger provisions for State rights. 1866 The Constitutional Convention of 1866 completed a new Texas constitution following the conclusion of the Civil War. 1869 A new constitution was ratified after two constitutional conventions were held over a period of four years. 1874 State legislators attempted to pass a new constitution with increases in the power of government. It was not approved by the citizens of the State. 1876 The current constitution of Texas was ratified.

The Texas State Constitution Today Texas State Constitution Principles Basic principles of popular sovereignty, limited government, separation of powers, and checks and balances Protections of civil rights Governmental structure Governmental powers and processes Constitutional change Miscellaneous provisions

Constitutional Change How to propose changes to a State Constitution

The Need for Reform Length of Constitution The Texas constitution is the second longest in the nation, with 390 amendments. There has been a failure to separate fundamental law from statutory law. Age of Constitution The Texas constitution is more than 100 years old, with outdated provisions.

Section 1 Assessment 1. In the Texas State constitution, what basic principle makes the people the sole source of authority for government? (a) limited government (b) popular sovereignty (c) checks and balances (d) freedom of religion 2. Which of the following is not a method used to propose State constitution changes? (a) by convention (b) by legislature (c) by court order (d) by ballot initiative Want to connect to the Magruder’s link for this chapter? Click Here!

Section 1 Assessment 1. In the Texas State constitution, what basic principle makes the people the sole source of authority for government? (a) limited government (b) popular sovereignty (c) checks and balances (d) freedom of religion 2. Which of the following is not a method used to propose State constitution changes? (a) by convention (b) by legislature (c) by court order (d) by ballot initiative Want to connect to the Magruder’s link for this chapter? Click Here!

Texas State Legislature How is the Texas State legislature structured, and what is its size? What are the election process, terms, and compensation of Texas State legislators? What are the powers of the Texas State legislature, and how is it organized? What is the legislative process at the State level?

The Legislature: Structure and Size The basic function of the legislature is to translate the public will into public policy. Like most State legislatures, the Texas legislature is bicameral, with a senate and house of representatives. An ideal size is one in which there are not too many people to make business difficult to conduct, but not so few that many interests go unrepresented. The Texas senate is made up of 31 members, and the house of representatives is comprised of 150 members.

The Texas State Legislators The Texas State constitution defines legislator requirements regarding age, citizenship, and residence. Legislators are chosen by popular vote, usually in November of even-numbered years. Legislators serve either two- or four-year terms. The typically low compensation keeps many qualified people from running for these offices. The Texas legislature meets on a biennial (every-other-year) basis, and special sessions may be called by the governor for urgent matters.

Powers of the Legislature Legislative Powers The legislature can pass any law that does not conflict with federal law or with the State constitution. The legislature has the powers to tax, spend, borrow, establish courts, define crimes and punishments, regulate commerce, and maintain public schools, among other powers. The legislature also has the vital police power to protect and promote the public health, safety, morals, and welfare.

Organization of the Texas State Legislature Presiding Officers The officer presiding over lower house sessions is the speaker, chosen by the house members. The senate’s presiding officer is the lieutenant governor, or, in his or her absence, the president pro tempore, a member chosen by the senate. The presiding officer refers bills to committee, recognizes members to speak on the floor, and interprets and applies procedural rules. Committee System Committee members determine which bills reach the floor. Committees are set up by subject matter. Committees amend and rewrite bills introduced by members of the legislature.

The Legislative Process in Texas Bills are introduced by legislators, but may be written by officers and agencies of State and local government, interest groups and lobbyists, and private individuals. A referendum is a process by which a legislative measure is decided upon by the State’s voters. In Texas, the referendum is only used to approve constitutional amendments.

Section 2 Assessment 1. What legislative power protects and promotes public safety? (a) the power to tax (b) the power to establish courts (c) the power to define crimes and punishment (d) the police power 2. Texas holds new legislative sessions every (a) year. (b) two years. (c) month. (d) two months. Want to connect to the Magruder’s link for this chapter? Click Here!

Section 2 Assessment 1. What legislative power protects and promotes public safety? (a) the power to tax (b) the power to establish courts (c) the power to define crimes and punishment (d) the police power 2. Texas holds new legislative sessions every (a) year. (b) two years. (c) month. (d) two months. Want to connect to the Magruder’s link for this chapter? Click Here!

The Governor and State Administration What is the office of governor? What roles does the governor have? What are the duties and powers of the lieutenant governor? What are some other State executive offices?

The Governorship Governors must be American citizens, at least 30 years of age, and must have lived in the State for at least five years. The governor and lieutenant governor are chosen independently by popular vote in a direct primary. Governors serve four-year terms, with no limitations on reelection. If a governor leaves office during a term, he or she is succeeded by the lieutenant governor. Governors can be removed from office by impeachment and conviction.

A Governor’s Many Roles The governor’s basic legal responsibility is to “take care that laws be faithfully executed.” This is accomplished through these tasks, among others: appointment and removal of assistants; supervising the staff of the State’s executive branch; commanding the State militia, or National Guard.

The Lieutenant Governor With the limited executive authority of the governor, the powers of the lieutenant governor of Texas are considered to surpass those of the governor. The lieutenant governor of Texas is part of both the executive and legislative branches. The lieutenant governor presides over the senate. In this position, he or she can influence state policy and the legislature. The lieutenant governor has the right to debate and vote on issues when the senate sits as a committee of the whole. He or she is a member of the Legislative Budget Board, considered by most Texans as the single most important arm of the Texas legislature.

Other Executive Officers The governor of Texas shares control of his or her administration with five other executive officers. The only officer appointed by the governor, the secretary of State is the State’s chief clerk and record keeper. The comptroller is the chief financial officer of Texas and is charged with collecting taxes and making payments out of the State treasury. The attorney general is the State’s lawyer, acting as the legal advisor to State officers and agencies. The commissioner of the General Land Office is charged with managing and collecting rentals and leases for State-owned lands. The commissioner of agriculture is responsible for the administration of all Texas laws that relate to agriculture.

Section 3 Assessment 1. How long is the term of the Texas governor? (a) four years (b) three years (c) two years (d) one year 2. Who is the State’s lawyer? (a) the secretary of state (b) the governor (c) the attorney general (d) the lieutenant governor Want to connect to the Magruder’s link for this chapter? Click Here!

Section 3 Assessment 1. How long is the term of the Texas governor? (a) four years (b) three years (c) two years (d) one year 2. Who is the State’s lawyer? (a) the secretary of state (b) the governor (c) the attorney general (d) the lieutenant governor Want to connect to the Magruder’s link for this chapter? Click Here!

In the Courtroom What kinds of laws are applied in Texas State courts? What are the differences between civil law and criminal law? How can we describe the Texas jury system?

Kinds of Law Applied in Texas State Courts Constitutional law, based on the U.S. and State constitutions Statutory law, based on laws enacted by the U.S. and Texas legislatures Administrative law, composed of rules, orders, and regulations by federal, State, or local executive officers Common law, based on judge-made rulings dependent upon accepted ideas of right and wrong Equity, preventative laws based on “fairness, justice, and right”

Criminal and Civil Law Criminal Law Defines public wrongs and provides for their punishment There are two types: felonies and misdemeanors. Civil Law Relates to disputes between private parties or between private parties and the government that are not covered by criminal law These cases are referred to as “law suits.” They lead to an award of money or a fine.

The Jury System The Grand Jury Determines whether the evidence against a person is sufficient to justify a trial Consists of 12 people A majority is needed to indict. They meet and deliberate in secret. The Petit Jury Hears and reviews the evidence in a case and decides the disputed facts. The usual number of jurors at the Texas county level is 6 and at the State district level is 12. Their verdict must be unanimous for criminal cases and must have a five-sixths majority in civil cases.

Section 4 Assessment 1. Cases in civil court are referred to as (a) jury trials. (b) crimes against humanity. (c) capital cases. (d) law suits. 2. Juries that decide on a person’s or party’s guilt or innocence are called (a) grand juries. (b) lawyers. (c) petit juries. (d) criminal juries. Want to connect to the Magruder’s link for this chapter? Click Here!

Section 4 Assessment 1. Cases in civil court are referred to as (a) jury trials. (b) crimes against humanity. (c) capital cases. (d) law suits. 2. Juries that decide on a person’s or party’s guilt or innocence are called (a) grand juries. (b) lawyers. (c) petit juries. (d) criminal juries. Want to connect to the Magruder’s link for this chapter? Click Here!

The Courts and Their Judges How are Texas State courts organized? What kind of work does each type of Texas State court do? What are the different ways that Texas State judges are selected?

Organization of Texas State Courts First Tier Local Trial Courts Justices of the peace try misdemeanors and civil disputes involving less than $5,000. Municipal courts are found in more urban areas and hear criminal cases with fines under $2,000. Second Tier County-Level Courts Constitutional county courts are established by the Texas constitution as courts of record. County courts of law handle minor criminal cases as well as civil matters such as probate. Third Tier General Trial & District Courts Trial courts hear the more important civil and criminal cases and exercise original jurisdiction. Fourth Tier Intermediate Appellate Courts Courts of appeals do not hold trials and are concerned with the correct interpretation of the law. Fifth Tier Highest Courts The State supreme court is the highest appellate court in civil cases. The court of criminal appeals is the last resort in criminal cases.

Selection of Texas Judges Judges are selected by popular vote, gubernatorial appointment, or local executive appointment.

Section 5 Assessment 1. What court is the highest Texas appellate court in criminal cases? (a) the supreme court (b) the district court (c) the juvenile court (d) the court of criminal appeals 2. In what way are judges not selected? (a) by a local executive (b) by the governor (c) by popular vote (d) by a court committee Want to connect to the Magruder’s link for this chapter? Click Here!

Section 5 Assessment 1. What court is the highest Texas appellate court in criminal cases? (a) the supreme court (b) the district court (c) the juvenile court (d) the court of criminal appeals 2. In what way are judges not selected? (a) by a local executive (b) by the governor (c) by popular vote (d) by a court committee Want to connect to the Magruder’s link for this chapter? Click Here!