Pearson Longman PoliticalScienceInteractive Shea, Green, and Smith Living Democracy, Second Texas Edition Chapter 20: The Texas Constitution

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution The Constitutional Legacy First adopted in 1876, amended 400 times 6 further constitutions 1827: Constitution of Coahuila y Tejas 1836: Constitution of the Republic 1845: Constitution of : Civil War Constitution 1866: Constitution of : Reconstruction Constitution 1876: Texas Constitution

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution The Constitutional Legacy The Texas Constitution in a Comparative Perspective

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution The Constitutional Legacy Made under Mexican rule Unicameral legislature Two Texas representatives Governor as executive Catholicism the state religion The Constitution of Coahuila y Tejas (1827)

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution The Constitutional Legacy 1820s and 1830s, Anglo immigration increases Antonio López de Santa Anna – Mexican constitution voided, 1834 New constitution adopted, 1836 – drew on constitutions of southern states and the U.S. San Jacinto, 1836—Texas victory over Santa Anna The Constitution of the Republic of Texas (1836)

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution The Constitutional Legacy Texas admitted to United States, 1845 Annexation bill – slavery permitted – Texas could divide into 5 states 1845 Constitution – bicameral legislature – amended 1850 to make state offices elective – incorporated almost without change into the 1876 Constitution The Constitution of 1845

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution The Constitutional Legacy 1861, Texas secedes from the U.S. New Constitution brings Texas in line with the Confederacy Civil War legacy: Strong tradition of states’ rights The Civil War Constitution (1861)

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution The Constitutional Legacy Constitution of 1845 revived, amended as required by U.S. government. Radical Reconstruction from1866 – Reconstruction Acts. – 1845 Constitution invalidated. – Military government put in place. Legacy: – Slowed full integration of Texas into national politics. – Lingering hostility towards government. The Constitution of 1866

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution The Constitutional Legacy Texas required by Reconstruction Acts to grant right to vote to African Americans. Constitutional convention, elections – Edmund J. Davis wins by 809 votes. Radical majority gives governor great power. 1872, Democratic majority. 1873, Richard Coke elected. The Reconstruction Constitution (1869)

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution The Constitutional Legacy The Constitution of 1876: Retrenchment and Reform Constitutional Convention – Only 4 out of 90 delegates native Texans – Many members of the Grange – economic concerns paramount Local control favored over central government

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution General Principles and Structural Impact of the Texas Constitution

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution General Principles and Structural Impact of the Texas Constitution Popular sovereignty Contract theory Limited government Separation of powers Central Principles Limited Government Constitutional principle restricting governmental authority and spelling out personal rights Separation of Powers Division of powers among three distinct branches of government— legislative, executive, judicial— which serve as checks and balances on each other’s actions

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution General Principles and Structural Impact of the Texas Constitution Executive: Fragmented power: Shares power with other elected officials, and with many boards and commissions Legislative: Intentionally low-paid, but thus subject to special interest groups Judicial: Relative autonomy and influence

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution General Principles and Structural Impact of the Texas Constitution Limits the capacity for change Obsolete provisions Large numbers of amendments Consequence of Detail

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution Pathways of Action: Budget Restrictions Legislature meets every two years Deficit spending barred Certain expenditures not discretionary

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution Constitutional Change and Adaptation No initiative or referendum process. Constitutional conventions provided for, though none have ever been held. Legislature opposes measures that might reduce its authority. Amendment

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution Old constitutional provision allowing for a constable in Roberts County – Write-in candidate elected – Unnecessary position filled after long vacancy An amendment to change this provision required a vote by the entire state Pathways Profile: A Lot of Trouble for a Minor Office

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution Constitutional Change and Adaptation 1974 constitutional convention 37-member commission Special interest pressure dominated – Right-to-work law – Justices against judicial reform – Gambling No revision passed Constitutional Reform Efforts of 1971–1975

Shea, Green, and Smith, Living Democracy, Second Texas EditionCopyright 2009 Pearson Longman Chapter 20: The Texas Constitution Constitutional Change and Adaptation 197 amendments, 1975–2008 Interest groups powerful Further Reforms: