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The Constitutional Setting
Chapter 2
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US and Texas Constitutions
TX Powers for national government National constitution more flexible Presidency is strong Court system simple Constitution rarely amended Reserved Powers for states State constitutions less flexible TX Governor is weak Court system complex & confusing Constitution frequently amended
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Table 2-1 Constitutions of Texas
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The Present Texas Constitution
Written in 1876 Influenced by the Grange Rural vs urban approval Curbs governmental power
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Texas Constitution Today
The Texas Constitution is poorly organized, difficult to read and interpret, and the second longest constitution in the nation. 1876 Constitution is a reactionary document Low salaries may discourage independent, high-caliber leaders Restrictions may impede government from meeting needs of citizens Governmental institutions became inefficient and ineffective Copyright © 2009 Cengage Learning 5
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Table 2-2 Articles of the Texas Constitution
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Table 2-3 Comparison of State Provisions for Amending the Constitution
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Table 2-4 Texas Constitutional Amendments, 1879*–2011
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Constitutional Revision
Average state constitution has been amended 143 times Only Alabama, California, and South Carolina have more amendments than Texas
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The Texas Secretary of State’s office posted this sample ballot on his web site prior to the May 12, 2007, constitutional amendment election. This site, is always a source of the latest proposed amendments. (p. 56)
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Areas Needing Change Biennial legislative session Judicial system
Plural executive branch County government Level of detail
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Should Texas Convene a Constitutional Convention?
Pro con Yes. The current state constitution is too specific and antiquated, has conflicts with the national Constitution, protects special interests, reflects agrarian interests, needs frequent interpretation, and organizes government poorly. No. Newness is not necessarily quality, partisanship could be increased, “fixing something that ain’t broke,” counties are inefficient and don’t need new authority, it might give government too much power, process will be expensive, and change might remove protections against arbitrary governmental action.
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