State ConstitutionState Constitution

Roots of State ConstitutionsRoots of State Constitutions

people of each state can create the people of each state can create the type of government they wish type of government they wish (limitations of U.S. Constitution)(limitations of U.S. Constitution)

adopted in conventionadopted in convention ratified by peopleratified by people

Parts of state constitutions:Parts of state constitutions: preamblepreamble bill of rightsbill of rights

articles providing for separation of articles providing for separation of powerspowerstype of legislature (bicameral or type of legislature (bicameral or unicameral)unicameral)

executive departmentexecutive department independent judiciary with power independent judiciary with power of judicial reviewof judicial review

form and powers of local units of form and powers of local units of governmentgovernment

article on how to amend article on how to amend ConstitutionConstitution

miscellaneous proceduresmiscellaneous procedures

Rigidity of State ConstitutionsRigidity of State Constitutions

More detailed than U.S. ConstitutionMore detailed than U.S. Constitution Longer, less flexibleLonger, less flexible PrescriptivePrescriptive

Limits discretion of public officialsLimits discretion of public officials Out of dateOut of date Limits lawmakers to act on problemsLimits lawmakers to act on problems Constitutional amendments for Constitutional amendments for

changeschanges

Texas ConstitutionTexas Constitution

TexasTexas

One of longest and most restrictive One of longest and most restrictive state constitutionsstate constitutions 2005 -- 432 Amendments2005 -- 432 Amendments 93,000 words93,000 words reflects interests and concerns of reflects interests and concerns of

original writersoriginal writers

HistoryHistory

18691869 constitutional convention held in constitutional convention held in

18681868centralized state power for centralized state power for governor governor

lengthened gubernatorial term to lengthened gubernatorial term to 4 years4 years

governor to appoint major state governor to appoint major state offices and judgesoffices and judges

annual legislative sessionsannual legislative sessionsweak local governmentweak local governmentcentralized public school systemcentralized public school system

Reflected little fear of centralized Reflected little fear of centralized government powergovernment power

fear was to later become the fear was to later become the hallmark of Texas governmenthallmark of Texas government

constitution ratified in 1869constitution ratified in 1869

Era regarded as most corrupt and Era regarded as most corrupt and abusive in state’s history abusive in state’s history (E.J.Davis)(E.J.Davis)misappropriation of public fundsmisappropriation of public fundswasteful public programswasteful public programs

landowner’s refusal to pay high landowner’s refusal to pay high property taxes property taxes

result of these actions was result of these actions was increased public debtincreased public debt

Law and order collapsedLaw and order collapseddesperadosdesperadosNative AmericansNative Americans

Tyranny Tyranny militia and state police maintain militia and state police maintain powerful political machinepowerful political machine

Davis ousted by Coke and Davis ousted by Coke and supporters singing “Yellow Rose of supporters singing “Yellow Rose of Texas”Texas”

Reconstruction:Reconstruction:progressive programsprogressive programsprotected political and civil rights protected political and civil rights of former slavesof former slaves

bitter memories for state -- bitter memories for state -- humiliating, corrupt, extravagant, humiliating, corrupt, extravagant, tyrannicaltyrannical

Retrenchment and ReformRetrenchment and Reform

Democrats determined to strike “at Democrats determined to strike “at the heart of big government” the heart of big government”

Constitutional convention in Constitutional convention in 18731873

frugal tone reflected in final frugal tone reflected in final constitutionconstitution

cut salaries for governing officialscut salaries for governing officialsplaced strict limits on property placed strict limits on property taxestaxes

Restricted state borrowingRestricted state borrowing

restricted power granted to restricted power granted to government officialsgovernment officials

most of governor’s powers most of governor’s powers stripped stripped

term reduced to 2 years; salary term reduced to 2 years; salary cutcut

attorney general and state attorney general and state judges elected rather than judges elected rather than appointed by governorappointed by governor

legislative sessions to be held legislative sessions to be held every 2 years with limited length every 2 years with limited length of sessionsof sessions

legislative procedure detailed in legislative procedure detailed in constitution constitution

restrictions placed on types of restrictions placed on types of policies legislature might enactpolicies legislature might enact

numerous public policies written numerous public policies written into constitutioninto constitution

statute-likestatute-like

Local government strengthenedLocal government strengthenedcounties given many counties given many administrative and judicial administrative and judicial functions of the statefunctions of the state

tone of convention was a reaction to tone of convention was a reaction to abuse of state power by denying itabuse of state power by denying it

voters ratified state Constitution of voters ratified state Constitution of 18761876

remains in use today remains in use today

Constitution TodayConstitution Today

Not a living constitutionNot a living constitution no flexibility built inno flexibility built in not serving current problems and not serving current problems and

concernsconcerns

Bill of Rights and Fundamental Bill of Rights and Fundamental LibertyLiberty Texas Bill of RightsTexas Bill of Rights provides provides

additional rights (Article I)additional rights (Article I)

prohibits sexual discriminationprohibits sexual discriminationguarantees victim’s rightsguarantees victim’s rights forbids imprisonment for debtforbids imprisonment for debt

forbids committing mentally ill forbids committing mentally ill for extended periods of time for extended periods of time without jury trialwithout jury trial

prohibits suspension of writ of prohibits suspension of writ of habeas corpushabeas corpus

protects homesteadsprotects homesteadsprohibits garnishment of wages prohibits garnishment of wages (except child support)(except child support)

Statutory Law:Statutory Law:no polygraph tests for public no polygraph tests for public employeesemployees

worker’s compensation for farm worker’s compensation for farm workersworkers

expanded free speech for private expanded free speech for private employeesemployees

Provides more protection than Provides more protection than most other state constitutionsmost other state constitutions

Separation of PowersSeparation of Powers

Legislative branch Legislative branch Executive branch Executive branch Judicial branchJudicial branch system of checks and balancessystem of checks and balances

each branch can influence the other each branch can influence the other branchesbranches each has separate functionseach has separate functions some sharing of powersome sharing of power

Legislative BranchLegislative Branch

Bicameral legislative bodyBicameral legislative body Senate -- 31 membersSenate -- 31 members

4 year terms4 year terms House of Representatives -- 150 House of Representatives -- 150

membersmembers2 year terms2 year terms

Have biennial regular sessionsHave biennial regular sessions140 days in odd years140 days in odd years important legislation receives important legislation receives inadequate attentioninadequate attention

many bills ignoredmany bills ignored Special sessions called by governorSpecial sessions called by governor

Policy-makingPolicy-making Constitution through legislative Constitution through legislative

statutestatute Statute-like details changed by Statute-like details changed by

constitutional amendmentconstitutional amendment

Distrust of legislature makes it Distrust of legislature makes it difficult for state to adapt and difficult for state to adapt and changechange

Executive BranchExecutive Branch

Article IV -- governor heads executive Article IV -- governor heads executive branchbranch 4 year term4 year term

More severe constitutional More severe constitutional restrictions on power of officerestrictions on power of office

Plural executivePlural executive divides executive powers among divides executive powers among

several offices:several offices:governorgovernor lieutenant governorlieutenant governorattorney generalattorney general

comptroller of public accountscomptroller of public accountscommissioner of general land commissioner of general land officeoffice

railroad commissionersrailroad commissioners

Powers granted specifically to Powers granted specifically to governorgovernor appointive powersappointive powers veto veto item veto on appropriationsitem veto on appropriations legislative special sessionslegislative special sessions

Governor relatively weak office in Governor relatively weak office in TexasTexas

CourtsCourts

Article V fragments court systemArticle V fragments court system 2 courts of final appeal2 courts of final appeal

Texas Supreme court -- civil Texas Supreme court -- civil appeals casesappeals cases

Court of Criminal Appeals --criminal Court of Criminal Appeals --criminal appeals casesappeals cases

Other courts provided for by Other courts provided for by Constitution:Constitution: court of appealscourt of appeals district, county, and justice of the district, county, and justice of the

peace courtspeace courts

Judges chosen in partisan electionsJudges chosen in partisan elections generally not desirablegenerally not desirable becomes a politicianbecomes a politician may not apply laws uniformlymay not apply laws uniformly

Local GovernmentLocal Government

Constitution provides for counties’ Constitution provides for counties’ rigid organizational structurerigid organizational structure provide many functions for stateprovide many functions for state

Cities with population over 5,000 Cities with population over 5,000 may adopt home-rule chartersmay adopt home-rule charters

SuffrageSuffrage

Function of state and local Function of state and local governmentsgovernments Set suffrage requirements and Set suffrage requirements and

administer elections (Article VI)administer elections (Article VI)denies idiots, lunatics, paupers denies idiots, lunatics, paupers and those convicted of a felony and those convicted of a felony the right to vote in state and the right to vote in state and municipal electionsmunicipal elections

Lack of voter participation at state Lack of voter participation at state levellevel

Local level election can includeLocal level election can include initiatives initiatives

registered voters can propose registered voters can propose statutory or constitutional statutory or constitutional changes by petitionchanges by petition

ReferendumReferendumvoters approve changes in law by voters approve changes in law by electionelection

Popular recallPopular recallcitizens petition for a special citizens petition for a special election to election to remove elected remove elected officialofficial

Amending Texas ConstitutionAmending Texas Constitution

Article XVII -- constitutional Article XVII -- constitutional amendments must be proposed by amendments must be proposed by two-thirds of total membership of two-thirds of total membership of

each house of legislatureeach house of legislature

RatificationRatification requires approval by a requires approval by a majoritymajority vote on the amendment in vote on the amendment in either a general or special electioneither a general or special election