2. Chapter 21 The Texas Constitution

3. Chapter Outline and Learning Objectives
LO 21.1: Texas adopted five successive constitutions, prior to its current constitution. These constitutions reflected Texas’s changing status from a state of Mexico to an independent nation (1836), to a member of the United States (1845), to a state in the Confederacy (1861), and to a state readmitted into the union (1866 and 1869). Each of these documents, especially the 1869 Constitution, provided the roots (or precedents) for the current Texas Constitution. Language or general principles of earlier constitutions can be found in the constitution that now serves the state.
LO 21.2: The provisions of the 1876 Texas Constitution are a product of three forces: the perceived defects of the Constitution of 1869, the widespread anger and hostility toward the administration of Governor E. J. Davis (1870–1874), and a movement in many states, including Texas, toward substantive and restrictive constitutions. The 1876 Constitution fragments and limits authority and responsibilities (e.g., the plural executive, the appellate courts of last resort, and local governments). Significant limits are also placed on the state legislature. The constitution includes excessive details, poorly written provisions, and provisions that are legislative in nature.
Roots of the Texas Constitution
LO 21.1: Trace the roots of the political values and institutions in the Texas Constitution by summarizing the characteristics of Texas’ previous constitutions.
The Current Texas Constitution
LO 21.2: Analyze the current constitution as a product of the political and social forces of 1876.

4. Chapter Outline and Learning Objectives
LO 21.3: The state’s constitution can be changed by constitutional amendments, a process that has been used some 467 times, or a constitutional convention. Piecemeal tinkering with the document is far easier than change through a constitutional convention. Voters are far less likely to oppose amendments than a complex document that might have one or more objectionable provisions. The piecemeal approach has produced a long and confusing document with excessive detail, confusing and sometimes conflicting provisions, and government structures limited in their abilities to address issues facing Texas. A constitutional convention can be authorized to look at all of the structures of state and local government and adjust them to meet current conditions. Thought can be given to the manner in which the institutions relate to each other. Yet, constitutional revision through a convention is a daunting task given the political landmines that exist.
LO 21.4: Since the failed Constitutional Convention of 1974, there have been proposals for a rewrite of the Texas Constitution, but there has been little interest in the Texas Legislature or elsewhere to take on the task. Without widespread voter dissatisfaction with the present document or the willingness of one or more political leaders, there are few prospects on the horizon for a new state constitution.
Constitutional Revision
LO 21.3: Compare and contrast the benefits and shortcomings of each method of constitutional revision.
Toward Reform: Obstacles and Prospects for a Major Revision
LO 21.4: Assess the obstacles and prospects for a major revision of the Texas constitution.

5. Roots of the Texas Constitution LO 21
Roots of the Texas Constitution LO 21.1: Trace the roots of the political values and institutions in the Texas Constitution by summarizing the characteristics of Texas’ previous constitutions.
Photo caption: From the beginning, was it the intention of most Texans to become part of the United States?
Anson Jones, the last president of the Republic of Texas, is portrayed lowering the Texas flag in February of 1846.
1836 Constitution
After independence from Mexico
U.S. impact: 3 branches, bicameral legislature
Mexican impact: community property, homestead’s not taxed
Recognized slavery
1845 Constitution
Joins union
“Best constitution”
Governor limited term; could appoint secretary of state and attorney general
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6. The 1861, 1866, and 1869 Texas Constitutions
LO 21.1
The 1861, 1866, and 1869 Texas Constitutions
Photo caption: Did his commitment to the union cost him the governorship?
Governor Sam Houston, who played a pivotal role throughout the formative period of Texas history, opposed the state’s secession from the United States and was replaced on March 16, 1861, by Governor Ed Clark.
1861
Secedes from union
Defense of slavery and state rights
1866
Reconstruction requirements
Abolition of slavery
Governor is stronger
Only white men can serve on leg
1869
Had to comply with 14th Amendment
Strong state government with annual legislature
To Learning Objectives 6

7. LO 21.1
Which of the following changes were made to the 1866 and 1869 Constitutions?
African Americans were allowed to vote and be members of the legislature.
The state government was divided into three branches with checks and balances.
The powers and duties of the state government were increased.
Texas seceded from the union in the 1866 Constitution and joined the union in the 1869 Constitution.
The federal government was given the power to appoint the Texas governor.
To Learning Objectives

8. LO 21.1
Which of the following changes were made to the 1866 and 1869 Constitutions?
African Americans were allowed to vote and be members of the legislature.
The state government was divided into three branches with checks and balances.
The powers and duties of the state government were increased.
Texas seceded from the union in the 1866 Constitution and joined the union in the 1869 Constitution.
The federal government was given the power to appoint the Texas governor.
To Learning Objectives 8

9. The Current Texas Constitution LO 21
The Current Texas Constitution LO 21.2: Analyze the current constitution as a product of the political and social forces in 1876.
Photo caption: Who were the delegates to the 1875 Constitutional Convention?
Ninety delegates, including six recently emancipated African Americans, were elected to the Constitutional Convention of 1875.
Of 90 delegates:
76 Democrats
14 Republican
6 African American; 1 dropped out
38 member of Grange, a farmers organization
Only 4 native Texans
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10. Reasons for the 1876 Constitution
LO 21.2
Reasons for the 1876 Constitution
Photo caption: Why was Edmund J. Davis detested by so many Texans?
A Union general and later governor of Texas (1870–1874), Davis was perceived by many Texans to be repressive in his policies and actions.
1869 Constitution angered Texans who felt
it was forced upon them by during Reconstruction;
It created a powerful governor and expensive programs
1870s political movement that embraced restrictive constitutionalism
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11. Provisions of the 1876 Constitution
LO 21.2
Provisions of the 1876 Constitution
Click the hyperlink to view a summary of the articles of the Texas Constitution.
A liberal constitution and a statutory constitution
Articles severely limit government
Biennial legislature
Term limits 2 yr - representatives; 4 yr - senators
All major offices in executive branch elected, not appointed
Pay cuts for legislators and governor
Public school system
Segregated by race
Did not require attendance or local tax support
Amendments approved by popular vote
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12. Criticisms of the 1876 Constitution
LO 21.2
Criticisms of the 1876 Constitution
Click the hyperlink to view a table comparing the number of words and amendments in the Texas Constitution to the constitutions of other large states.
Too long and disorganized
Amendments poorly written
Limited executive power
Part-time legislature
Partisan election of judges
Restrictions on local government
To Learning Objectives 12

13. The 1876 Constitution included all of the following provisions EXCEPT
An income tax
A biennial legislature
A public school system
Independently elected executive officers
Amendments approved by popular vote
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14. The 1876 Constitution included all of the following provisions EXCEPT
An income tax
A biennial legislature
A public school system
Independently elected executive officers
Amendments approved by popular vote
To Learning Objectives 14

15. Piecemeal revision efforts
Constitutional Revision LO 21.3: Compare and contrast the benefits and shortcomings of each method of constitutional revision.
Click the hyperlink to view a graph of the number of amendments to the Texas Constitution in each decade.
Photo caption: Why did he call them cockroaches?
Price Daniel Jr., president of the 1974 Constitutional Convention, applied the term “cockroaches” to a group of legislators who were clearly opposed to the proposed constitution and worked continually to block its final passage by the convention.
Piecemeal revision efforts
Comprehensive measures often result in successful amendments that improve the document – 1969 reduced size, repetition, improved clarity
Comprehensive revision efforts
1974 constitutional convention
1975 constitutional amendments
1999 constitutional revision effort
To Learning Objectives

16. LO 21.3
In what year did a comprehensive revision effort result in many successful amendments that improved the Texas Constitution?
1949
1969
1974
1975
1999
To Learning Objectives

17. LO 21.3
In what year did a comprehensive revision effort result in many successful amendments that improved the Texas Constitution?
1949
1969
1974
1975
1999
To Learning Objectives 17

18. Obstacles to a Major Revision
Toward Reform: Obstacles and Prospects for a Major Revision LO 21.4: Assess the obstacles and prospects for a major revision of the Texas Constitution.
Obstacles to a Major Revision
Texans suspicion of government
Groups use amendment process to advance their priorities
Low public participation in amendment process
Prospects for a Major Revision
Limited benefits to legislators who seek revision
Citizen education
To Learning Objectives

19. LO 21.4
Why are legislators unlikely to pursue comprehensive revision of the Texas Constitution?
They are suspicious of government.
They are using the amendment process to advance their own personal interests.
They are unaware of the problems caused by the current Texas Constitution.
They have no power to change the Texas Constitution.
They gain no political advantage by advocating for reform.
To Learning Objectives

20. LO 21.4
Why are legislators unlikely to pursue comprehensive revision of the Texas Constitution?
They are suspicious of government.
They are using the amendment process to advance their own personal interests.
They are unaware of the problems caused by the current Texas Constitution.
They have no power to change the Texas Constitution.
They gain no political advantage by advocating for reform.
To Learning Objectives 20

21. Table 21.1: What are the articles of the Texas Constitution?
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22. Table 21.2: How does the Texas Constitution compare to those of other large states?
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23. Figure 21.1: How many amendments were added to the Texas Constitution from 1877 to 2009?
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