W. W. Norton & Company | We the People, 6th Edition

Chapter 20: The Texas Constitution

Chapter Review

The Role of a State Constitution

The Texas Constitution is the second longest constitution in the nation (second only to Alabama) and is one of the most complex documents, because it contains so much policy. Attempts at constitutional reform have been met with general opposition from the public, which might be explained by the political culture of the state.

I. What are the functions of a state constitution?

State constitutions serve to legitimate state political institutions by defining and delegating power and authority.
State constitutions also prevent the concentration of power and generally provide for a system of checks and balances.
State constitutions prohibit governments from abridging the basic freedoms of its citizens.

II. What are the similarities and differences between the U.S. and Texas constitutions?

The two constitutions are similar in that they provide for a separation of powers, checks and balances, and a bill of rights.
The concept of federalism is also embodied in both documents.
The supremacy clause and the necessary and proper clause found in the U.S. Constitution distinguish the federal constitution from its state counterpart.

The Constitutions of Texas

I. What is the historical foundation for the current Texas Constitution?

Texans have been governed under seven constitutions.
The first constitution for Texas was the Mexican Constitution of Coahuila y Tejas (1827).
The second was the Constitution of the Republic of Texas (1836), which was written in response to Texas declaring its independence from Mexico.
The third constitution was the Texas State Constitution (1845), which was written in response to Texas’s admission to the union.
In 1861, Texas withdrew from the union, joined the Confederate States of America, and drafted its fourth constitution.
The fifth constitution—theConstitution of 1866—was written upon readmission to the union after the Civil War.
The sixth constitution—theConstitution of 1869—was written during reconstruction, and empowered the government of E. J. Davis, who is believed to have presided over the most corrupt and oppressive government in Texas state history.
The seventh and final constitution—the Constitution of 1876—was drafted primarily by members of the Grange in opposition to the Reconstruction government; it embodies a strong anti government sentiment.

The Constitution of Texas Today

I. How is the principle of limited government embodied in the Texas Constitution? How is the philosophy of republican government reflected in the constitution today?

The Texas Constitution was written to prevent the expansion of governmental authority and the return of a system of political power that acted against the interests of the people.
The framers of the Constitution of 1876 placed a bill of rights in Article I—clearly announcing the purpose of the document was to restrict governmental power—and included many protections not found in the U.S. Bill of Rights.
The Texas Constitution also establishes a separation of powers that is intended to limit the powers of the three branches of government.
The Texas legislature consists of the House of Representatives, with members serving two-year terms, and a Senate, with four-year terms. Legislative salaries are low, and a balanced budget is required.
The Texas governor is part of a plural executive in which he or she is among a number of key executive officials who are elected by the voters. The governor’s powers are extremely limited, making the office one of the weakest in the nation.
Texas judges are elected by the voters, subjecting them to constant review by the public.
Constitutional amendments are drafted by the legislature, but must be approved by the voters of the state.

Recent Attempts to Rewrite the Texas Constitution

I. What was the rationale for attempting to rewrite the constitution in 1974 and in 1999? What changes were proposed? Why did these attempts fail?

There have been a number of attempts over the past thirty years to rewrite the Texas Constitution inan attempt to streamline the political system.
The most recent attempts occurred in 1974 and 1999.
These attempts to rewrite theTexas Constitution were in part an attempt to strengthen Texas’s government and to make changes in the operation of state government.
Texans, however, have rejected these attempts—partly out of a fear that an improved government will mean higher taxes.