Constitutionalism

Chapter 2

Purposes of a Constitution

Provide legitimacy for a government Consent of the people Tacit consent

Establish and organize government Liberal Constitution Statutory Constitution

Purposes of a Constitution

Give government the powers to operate Taxation Police power

Limit government Bill of Rights

Texas’s Constitutions: 1836

Liberal constitution Bicameral Congress consisting of House and

Senate President and vice president Four levels of judiciary: justice, county, district,

supreme Short terms of office: 1-4 years Typical American features: preamble, separation of

powers, checks and balances, bill of rights, adult male suffrage, slavery

Amending process difficult; none adopted

Texas’s Constitutions: 1845

Liberal constitution Bicameral legislature with biennial meetings Governor, AG and SOS appointed by governor;

comptroller and treasurer elected by legislature. Judiciary consisted of supreme court and district

courts; judges appointed by governor Homestead protection and community property Public school system Only one amendment (1850) which made offices

elective

Texas’s Constitutions: 1861

Liberal constitution 1845 constitution revised to reflect joining the

confederacy Defense of slavery and states’ rights Emancipation of slaves prohibited

Texas’s Constitutions: 1866

Liberal constitution Re-enter union under presidential Reconstruction Slavery abolished Governor’s term extended, line-item veto, salary

increased, other executive officers elected Legislative salaries increased Supreme Court increased in size and elected to long

terms. District judges also elected. Segregated public education

Texas’s Constitutions: 1869

Result of Radical Reconstruction (Congress) Granted suffrage to African Americans Ratification of the Fourteenth Amendment

Liberal constitution Centralized power in the executive –

majoritarian democracy Appointment of most political authorities –

state and local levels

Texas’s Constitutions: 1876

Statutory Constitution Reasons for 1876 Constitution

Reaction to Reconstruction Era Reaction to Governor E.J. Davis’s administration Agrarian movement sweeping United States in the

1870s that called for more democratic participation and a more limited government.

Texas’s Constitutions: 1876

Reasons for 1876 Constitution Democratic Delegates ideologies

Rapid commercial and agricultural growth, but otherwise no governmental functions

Rapid economic growth and invest in human resources, such as schools

Government role limited to what private enterprise would not or could not do

Less government generally, regardless of purpose

Texas’s Constitutions: 1876

Seventeen Articles Article 1: Bill of Rights Article 2: Separation of Powers Article 3: Legislature Article 4: Executive Article 5: Judiciary Article 17: Amendment Process

Amending the Constitution

Proposal: House and Senate by a 2/3 vote of each chamber

Secretary of State prepares statement describing the amendment

Approved by attorney general Published in newspapers twice Ratification by popular vote in general

election or special election

Criticisms: 1876 Constitution

Long Disorganized Substantive powers lacking for legislature

and executive Judicial organization and selection of judges Local government section archaic and

disorganized

Amendments to the Texas ConstitutionConstitutional Amendments

15

11 10 912

34

25

33

55

40

6466

91

0

10

20

30

40

50

60

70

80

90

100

1870s 1880s 1890s 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s 2000s

Decade

Number of Amendments

Constitutional Change: Piecemeal First amendment proposed in 1877. Many piecemeal changes from efforts to

achieve comprehensive change. Governor Connally’s attempts in the 1960s

resulted in an amendment to reduce the Constitution’s deadwood.

Representative Mowry introduced amendments between 1997 and 2001.

Politics Now: The Texas Marriage Amendment

Texas Defense of Marriage Act, 2003 Amendment defined marriage as “only the union of

one man and one woman” Proponents claimed the amendment was necessary

to protect against activist judges Opponents argued that the amendment was

unnecessary and would bind future Texans Amendment passed with 76 percent of the vote

Constitutional Change: Comprehensive

Early efforts to call a constitutional convention were unsuccessful.

1971, the legislature proposed an amendment calling for a Constitutional Convention in 1974. Amendment was adopted in 1972 by a 2-1 margin.

Constitutional Revision: 1971-74 Legislature elected in 1972 was constitutional

convention in 1974. Elected Chair of the Convention and

established committees. Bill of Rights could not be revised. Each provision adopted by majority vote. Rules required two-thirds vote for adoption of

proposed constitution which failed.

Constitutional Convention Failure Legislators as convention members Two-thirds requirement Right-to-work provision Lack of leadership “Revisionists” and “Cockroaches”

Constitutional Amendments 1975 Eight Amendments presented to voters Voters rejected amendments Reasons

Concern about government’s power Lack of governor’s support Cynicism by voters

Constitutional Revision in 1999 Proposal by Junell and Ratliff Legislature

House terms increased, increased size of Senate, veto sessions, and term limits

Executive Governor headed cabinet of nine members Lieutenant governor, comptroller, and attorney

general independently elected

Constitutional Revision in 1999 Judiciary

Simplified into fewer courts Supreme Court with 15 members (14 associates and a

chief justice) Merit system for selecting judges to district courts, courts of

appeals, and supreme court Other Changes

Salary commission to recommend salaries Statewide property tax to fund public education Legislature could call a constitutional convention, subject to

voter approval

Join the Debate: Initiative Process Currently, 24 states employ some form of the

initiative process. The process involves:

Direct initiative—proposed policies placed on a ballot for popular approval

Indirect initiative—proposed policies must first be submitted to the state legislature during a regular session

Join the Debate: Initiative Process Proponents

Increases citizen involvement in government Reduces power of special interests Makes government more responsive

Opponents Increases the power of special interests Subjects the minority to a tyranny of the majority Reduces legislature’s authority, which means less

deliberation and compromise