government texas 2306. texas constitutional history 1827 constitution of coahuila y tejas 1836 texas...
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Government
Texas 2306
Texas Constitutional History
• 1827 Constitution of Coahuila y Tejas
• 1836 Texas Republic Constitution
• 1845 Statehood Constitution
• 1861 Confederacy Constitution
• 1866 Readmission Constitution
• 1869 Reconstruction Constitution
• 1876 Constitution
Reconstruction Constitution of 1869
1. Created a modern state government2. Created a strong state government3. Weakened local government4. Created a strong governor
4 year term; high salary, appointive powers
5. Annual legislative sessions6. Black equality
Constitutional Convention of 1875
•
1. Weaken state government
2. Place fiscal limits on government
Delegates to 1875 Constitutional Convention
90 Delegates:
• 75 Democrats & 15 Republicans• 41 farmers• 38 Grange members• 29 lawyers• 20+ ex-Confederate army officers• 84 whites & 6 blacks (all Republican)
1876 Constitution
• 1.Weakened Governor• 2. Weakened Legislature• 3. Fragmented Court System• 4. Restricted Public Education• 5. Limited Public Debt• 6. Restricted Powers to Tax & Spend• 7. Strengthened Local Government• 8. Provided Regulations on RR &
Businesses
Governor
• Shortened Term from 4 to 2 years
• Appointment powers limited– Judges now elected– Plural Executive—dept. heads elected
• Removal powers limited
• Directive powers (to issue executive orders) limited
Legislature
• Biennial legislative sessions
• Salary reduced, put in constitution -$7,200
• Constitutional rules– All bills-3 readings on 3 different days– All bills must 2 House & 2 Senate floor
votes
Judiciary
• Fragmented court system– Dual court structure
• Low qualifications
• Lower courts – no official records kept
Restricted Public Education
– Power to run public schools taken away from state government
– Power to run public schools given to local government—locally elected school boards
Fiscal Limits
• Limited Public Debt– Limited to $200,000 maximum
• Restricted Powers to Tax & Spend– No state income tax without voter approval– Constitution requires balanced budget– Comptroller issues revenue estimate =
maximum spending limit of state budget
Final Provisions
• Strengthened Local Government– Local courts created– Public schools locally run
• Provided Regulations on RR & Businesses
Good Points• Weaker state government = less chance of
abuse of power
• Limits on taxing, spending, & borrowing- keeps spending & taxes lower and no state deficit.
• Stronger local government makes it easier for citizens to influence important decisions affecting their daily lives
• Regulation of railroads & corporations
Bad Points• Not a forward looking document• Too long• Excessive detail• Outdated sections• Badly written• Too restrictive• Diffusion of power = no leadership• To develop state programs-must amend
constitution
Articles of the Texas Constitution
STATE CONSTITUTIONSA COMPARISON1
AVERAGE LENGTH
National ave: 30,000 words Texas Const.: 93,000+ words US. Const.: 8,700 words
STATE CONSTITUTIONSA COMPARISON2
AVERAGE NO. OF AMENDMENTS
National average: 117 amends. Texas Const.: 455 amends.
(as of Nov. 2007)
US Const.: 27 amends.
State Constitutions-Length & Amendments
TEXAS CONSTITUTION& THE 3 BRANCHES1
GOVERNOR
Weak figure-head –
Limited appointment, removal, & directive powers
Ranked 50th (1971) & 36th (1996)
Constitutional Powers of State Governors
TEXAS CONSTITUTION& THE 3 BRANCHES2
TEXAS LEGISLATURE• Part-time—biennial sessions--maximum
of 140 days
• Low paid - $7,200/year
• Inadequate staff
• Excessive constitutional rules
• Ranked 36th
Legislative Salaries & Per Diem Pay –10 Megastates
TEXAS CONSTITUTION& THE 3 BRANCHES3
TEXAS JUDICIARY
• Dual Court System• Judges elected in partisan elections &
low qualifications• Ranked 42nd
TEXAS CONSTITUTION& THE 3 BRANCHES4
RESULT:
o A power vacuum filled by lobbyists & interest groups
o Little regulation, leadership, & oversight
Amendment Process
• TEXAS· Need 2/3 majority approval of Texas House &
Senate
· Ratification by voters-simple majority
• UNITED STATES· Need a 2/3 majority of U.S. House & Senate
· Need a ratification by ¾ (38) of State Legislatures
Texas Constitutional Amendments - 1879-1997
Constitutional Revision Attempts
• 1957- Texas Legislative Council
• 1966 - Governor Connally & Study Commission
• 1971-74 - Study Commission & Constitutional Convention
• 1975 - Election – 8 constitutional provisions
Reasons for Failure
• Anti change conservative philosophy
• Ignorance of the Public
• Public Apathy
• Organized opposition of powerful wealthy interest groups