1. Texas Constitution II
GOVT 2306, Unit 3

2. Texas State Constitutions
Six State Constitutions
1845
1850
1861
1866
1869
1875

3. Background for 1875 Constitution

4. Jacksonian Democracy
Jacksonian democracy was the philosophy, associated with Andrew Jackson, that the right to vote should be extended to all adult male citizens and that all governmental offices of any importance should be filled by election.

5. Reaction to Reconstruction
What was Reconstruction?

6. Reconstruction in Texas
Former Confederates unhappy
E. J. Davis
Believed Davis administration was corrupt
Taxes too high
Too much spending
Too much debt
Davis was a Republican

7. Grangers Largest Delegate Group
The Grange was an organization of farmers. The Grangers wanted to restrict the size and scope of state government and control the excesses of big business, especially the railroads and the banks.
Negative
Does the cartoonist have a positive or negative attitude toward the railroads?

8. Protecting Small Famers
Note: The Texas Constitution was written to protect the interest of small farmers from the government and from big business.

9. Constitution Limits Legislative Power
Legislature meets every other year in regular session. (It is now in session.) Legislature meets in regular session for 140 calendar days. Legislature must adopt a balanced budget unless four fifths agree. Legislator salaries limited (currently $600 a month).

10. Constitution Limits Governor’s Power
Governor given two-year terms (now four-years)
Plural executive distributes executive power among several officials
Appointees require two-thirds Senate confirmation vote
Governor given little removal power

11. Constitution Limits Judicial Power
Provided for the election of judges
Created detailed constitution, leaving judges little room for interpretation
Court system divided into two segments with two supreme courts

12. Quiz
The concept of Jacksonian democracy is most closely associated with which of the following?
A) Separation of powers
B) Limiting the power of big business
C) Voting and elections
D) Federalism
The answer is C.

13. Constitution Limits Local Government
The Constitution limited the authority of local governments to provide services, levy taxes, adopt regulations, and go into debt. Local officials must frequently ask the legislature for permission to act.

14. Constitution Attempts to Limit Business
Constitution banned branch banking
Local voters determine whether to legalize sale of alcoholic beverages in local-option elections
Homestead cannot be taken in payment of most debts
No garnishment of wages
They distrusted big city banks.
Why didn’t the framers like branch banking?

15. Key Features of Texas Constitution
It is long, much longer than the U.S. Constitution
Bill of Rights
Separation of power with checks and balances
Bicameral legislature
Long sections dealing with elections, qualification of voters, and local government
It has been amended hundreds of times

16. Constitutional Change in Texas
Amendments
Must be proposed by a two-thirds vote of the Texas House and the Texas Senate, voting separately.
Must be ratified by the voters in an election.

17. Many Proposed, Many Ratified
Altogether, the legislature has proposed 662 amendments to the Texas Constitution.
Texas voters have approved 483 amendments.

18. Amendments Often Arcane
"The constitutional amendment authorizing the legislature to authorize a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated equalizations.“ (2009)
"The constitutional amendment to abolish the constitutional authority for the office of inspector of hides and animals.“ (2007)
"The constitutional amendment permitting a justice or judge who reaches the mandatory retirement age while in office to serve the remainder of the justice's or judge's current term.“ (2007)

19. Amendment Election Turnout
2012 presidential election: 7,993, amendment election: 1,149,337

20. Changes Through Amendment
Approved bonds to allow state to go into debt to fund transportation, education, student loans, etc.
Adopted amendments to allow state to promote economic development
Branch banking now permitted
Local governments allowed to give tax breaks to businesses relocating to the state
Increased power of governor
Longer terms
Shared budget execution authority
Some removal power

21. Other Means of Change Office of Lt. Gov. has grown.
Practice and Experience
Judicial Review
Office of Lt. Gov. has grown.
But not as important as on the national level
Not as important as it is for the U.S. Constitution although court decisions have affected issue of education finance.

22. Constitutional Revision
Constitutional revision is the process of drafting a new constitution.

23. Texas Constitutional Revision
Pro
Con
Too long, too detailed, and too many amendments
Makes efficient government difficult
Many actions, even routine action, require adopting amendments
New constitution might increase power of state government.
New constitution might lead to adoption of state income tax.

24. Comparing Bills of Rights
U.S. Bill of Rights
Texas Bill of Rights
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof
All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.
Texas courts have failed to develop the Texas Freedom of Religion amendment.

25. Texas Bill of Rights Impact Limited
Will elected judges use the Texas Bill of Rights to expand individual liberty, at least to individuals and groups that are politically unpopular?

26. Quiz
Which of the following features found in the Texas Constitution is NOT found in the U.S. Constitution?
A) Bill of Rights
B) Separation of powers
C) Checks and balances
D) Election of judges
The answer is D.

27. What You Have Learned
How does the Texas Constitution compare and contrast with the U.S. Constitution?
What is the background of the Texas Constitution?
What are the principle features of the Texas Constitution?
How does the Texas Constitution affect policymaking?