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Shea, Green, and SmithLiving Democracy, Second Texas Edition

Chapter 20:

The Texas Constitution

Shea, Green, and Smith, Living Democracy, Second Texas Edition Copyright 2009 Pearson Longman

Chapter 20: The Texas Constitution

The Constitutional Legacy

First adopted in 1876, amended 400 times6 further constitutions1827: Constitution of Coahuila y Tejas1836: Constitution of the Republic1845: Constitution of 18451861: Civil War Constitution1866: Constitution of 18661869: Reconstruction Constitution1876: Texas Constitution



The Constitutional LegacyThe Texas Constitution in a Comparative

Perspective




Made under Mexican rule

Unicameral legislature

Two Texas representatives

Governor as executive

Catholicism the state religion

The Constitution of Coahuila y Tejas (1827)




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)




Texas admitted to United States, 1845Annexation bill– slavery permitted– Texas could divide into 5 states1845 Constitution– bicameral legislature– amended 1850 to make state offices elective– incorporated almost without change into the 1876 Constitution

The Constitution of 1845




1861, Texas secedes from the U.S.New Constitution brings Texas in line with the ConfederacyCivil War legacy: Strong tradition of states’ rights

The Civil War Constitution(1861)




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




Texas required by Reconstruction Acts to grant right to vote to African Americans.Constitutional convention, 1869.1869 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)




The Constitution of 1876:Retrenchment and Reform

Constitutional Convention– Only 4 out of 90 delegates native Texans– Many members of the Grange– economic concerns paramountLocal control favored over central government



General Principles and Structural Impact of the Texas Constitution




Popular sovereigntyContract theoryLimited governmentSeparation of powers

Central Principles

Limited GovernmentConstitutional principle

restricting governmental authority and spelling

out personal rights

Separation of PowersDivision of powers among three

distinct branches of government— legislative, executive, judicial—

which serve as checks and balances on each other’s actions




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




Limits the capacity for changeObsolete provisionsLarge numbers of amendments

Consequence of Detail



Pathways of Action: Budget Restrictions

Legislature meets every two years

Deficit spending barred

Certain expenditures not discretionary



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



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




1974 constitutional convention37-member commissionSpecial interest pressure dominated– Right-to-work law– Justices against judicial reform– GamblingNo revision passed

Constitutional Reform Efforts of 1971–1975




197 amendments, 1975–2008Interest groups powerful

Further Reforms:

pearson longman politicalscience interactive

Documents

new constitution

texas constitutionexecutive

texas victory

republic of texas

integration of texas

santa annathe constitution

constitutional legacytexas

constitutional legacy1820s