THE TEXAS CONSTITUTION Flashcards
How many constitutions has Texas had?
6
What constitution does Texas currently use and approximately how many times has it been amended?
the 1876 Constitution, amended +500 times
What are important qualities of the 1836 Constitution?
- constitution for the Republic of Texas, after Texas gained freedom from Mexico
- vague, up to interpretation
- short
- mirrored the U.S. Constitution in that it had a Bill of Rights, allowed slavery, included the separation of powers, included male suffrage, and had a definition of citizenship that excluded African-Americans and Native Americans
- inherited some Spanish-Mexican law, such as community property tax and homestead exemption from taxes
What are important qualities of the 1845 Constitution?
- created when Texas was admitted into the U.S.
- long and detailed
- framework for later Texas constitutions
- created a bicameral and biennial legislature, a governor with 2 year terms (no more than 4 within a 6 year period), and an appointed judiciary
- governor held more power than the legislative branch
- created the public school system
What are important qualities of the 1861 Constitution?
- created when Texas seceded from the Union and joined the Confederacy
- removed a provision in the previous constitution for the emancipation of slaves
What are important qualities of the 1866 Constitution?
- created when Texas was readmitted into the Union
- increased governor’s term to 4 years and removed term limit, governor was granted the line-item veto, increased governor’s salary
- legislators’ salaries were increased
- only white people could serve in the legislature
- direct election of state judges
- allowed for constitutional changes by 3/4 vote of both houses and approval by the governor
What are important qualities of the 1869 Constitution?
- rewritten to abide by Reconstruction policies
- delegates had to be men of all races
- strong state government: centralized public education, annual legislative sessions, higher state salaries, few controls on taxing powers
What are important qualities of the 1876 Constitution?
- shaped by reactions to Reconstruction and a national movement for limited government
- delegates were mostly conservative democrats and non-native Texans, mixture of lawyers and farmers
- long, detailed, and heavily amended (partially due to no equivalent of the necessary and proper clause)
- restrictive constitution
- 16 operative articles and a 17th article that provides instructions for amendments
What is Article 1 about?
the Bill of Rights
What is Article 2 about?
separation of powers
What is Article 3 about?
legislative branch, including a bicameral and biennial legislature
What is Article 4 about?
executive branch, including reduction to governor’s term to 2 years and a plural executive
What is Article 5 about?
judicial branch, direct partisan election, creation of two Texas Supreme Courts: Supreme Court of Texas (civil cases) and Texas Court of Criminal Appeals
What is Article 6 about?
Qualifications of voters and who is allowed to vote. Convicted felons currently serving time, people who are deemed by court to be “mentally incompetent”, and non-U.S. citizens cannot vote.
What is Article 7 about?
Creation of the public school system, which had racial segregation and no local school taxes.
What is Article 14 about?
Amending the constitution. Must be proposed by 2/3 of both Texas House and Senate and then ratified by a simple majority vote by voters. Amendments are proposed during odd-year elections with low voter turnout.
What is the ratification rate of Texas amendments?
91%
How do you revise the Texas Constitution?
- Piecemeal revision - adding new amendments over time
- Writing a new constitution
What are some of the criticisms of the Texas Constitution?
- The other executives within the plural executive have more power than the governor.
- Part-time citizen legislature causes less experienced and less devoted legislators.
2a. Rebuttal: This helps avoid career politicians and puts average people who understand the needs of their constituents in the legislature. - Overlapping local jurisdiction.
- Less restriction on local governments’ taxing/spending. Not enough revenue, burdens lower-income citizens.
