Unit 2 The Texas Constitution Functions of a Constitution Establish the legitimacy of government Establish institutions and machinery of government Allocate powers to institutions Place limits on the use of power Texas Constitution 1 Constitutional Philosophies Rationalism sees man as a rational being government as a logical extension constitution as a basic instrument of the social compact also called a liberal constitution Realism sees man as basically evil government as a means of social control and constitution as a means of controlling government also called a statutory constitution Texas Constitution 2 Constitutions of Texas 1836 Republic of Texas 1845 First State Constitution 1861 Confederate Constitution 1866 Presidential Reconstruction Constitution 1869 Radical Republican Constitution 1876 Present Constitution Texas Constitution 3 1 Unit 2 The Texas Constitution 1836 Republic of Texas Unitary Government Bicameral Congress Elected President Rationalistic framework Significant features Clergy prohibited from governmental office No state church Slavery legal Texas Constitution 4 1845 First State Constitution Based on 1836 and other southern state constitutions esp Tennessee Mississippi Governmental structure bicameral legislature elected Governor Lt Governor amended in 1850 to establish a plural executive with elected Attorney General Comptroller and Treasurer Appointed Supreme Court and District judges Significant provision homestead protection separate property for women permanent school fund Texas Constitution 5 1861 Civil War Constitution Basic provision of 1845 adopted Provisions for Confederacy public officials required to pledge support for Confederacy protection of slavery insured freeing of slaves prohibited Texas Constitution 6 2 Unit 2 The Texas Constitution 1866 Presidential Reconstruction Constitution Convention called by Provisional Governor A J Hamilton Purpose Rewrite of 1845 State Constitution Major provisions outlawed slavery allowed freed slaves to own property limited legal rights of freed slaves in court and at ballot box After Radical Reconstruction imposed this Constitution was rejected by the U S Congress Texas Constitution 7 1869 Radical Republican Constitution Convention of 90 men met in June 1868 to draft a new constitution but did not agree on final document Military authorities compiled the efforts and submitted to the document to the voters in July 1869 Congress accepted it and in 1870 Texas was readmitted to Union Texas Constitution 8 1869 Constitution Principle Features Strong Governor power to appoint Att Gen and Sec of State judges other officials were elected executive powers to enforce edicts Annual sessions of Legislature Compulsory school attendance free public schools Texas Constitution 9 3 Unit 2 The Texas Constitution 1876 Present Constitution Gov Richard Coke called on Legislature to rewrite constitution effort failed to produce a new constitution Constitution Convention of 83 delegates elected major faction were members of the Grange which placed emphasis on restricting the size and scope of state government controlling big business especially railroads Texas Constitution 10 1876 Constitution Major Features Popular sovereignty plural executive parttime legislature Separation of powers between branches within branches and at local level Limited government detailed grants of power many restrictions on powers of government Texas Constitution 11 Weaknesses of Present Constitution Fragmentation of authority executive branch local government Excessive restrictions of legislative and executive authority Excessive detail Texas Constitution 12 4 Unit 2 The Texas Constitution Example of Detail Art III Section 49 b Said Veteran s Land Fund shall consist of any land heretofore or hereafter purchased by said board until the sale price therefor together with any interest and penalties due have been received by said Board although nothing herein shall be construed to prevent said Board from accepting full payment for a portion of any tract and of the moneys attributable to any bonds heretofore or hereafter issued and sold by said Board which moneys so attributable shall include but shall not be limited to the proceeds from the issuance and sale of such bonds the moneys received from the sale or resale of such lands or rights therein purchased with such proceeds the moneys received from the sale or resale of any lands or rights therein purchased with other moneys attributable to such bonds the interest and penalties received from the sale or resale of such lands or rights therein the bonuses income rents royalties and any other pecuniary benefit received by said Board from any such lands sums received by way if indemnity or forfeiture for the failure of any bidder for the purchase of any such bonds to comply with his bid and accept and pay for such bonds or for the failure of any bidder for the purchase of any lands comprising a part of said fund to comply with his bid and accept and pay for any such lands and the interest received from investments of of any such moneys Texas Constitution 13 Methods of Constitution Revision Constitution Commission appointed body submits work to legislative branch for revision adopted by voters Constitutional Convention elected body submits work directly to voters Piecemeal Amendment Texas Constitution 14 Amendment Process Submission by 2 3 vote of each house of Texas Legislature Advertisement Election adoption by majority of voters voting on the proposed amendment Proclamation Governor or Secy Of State Texas Constitution 15 5 Unit 2 The Texas Constitution Constitutional Revision in Texas 1971 1975 1971 SJR 67 submitted to voters 1972 amendment adopted 1973 37 member commission appointed 1974 Legislature met as a 181 member constitutional revision convention fail to adopt proposed constitution 1975 8 amendment submitted voters reject in special election of August 1975 Texas Constitution 16 Necessary Elements for Constitutional Revision Favorable public opinion Unified political economic social and media leadership Perceived crisis Texas Constitution 17 Factors Leading to Failure of Convention 1 2 3 4 5 Legislature as Convention 2 3 s adoption rule Right to Work Issue Failure of Convention Leadership Cockroaches and Revisionists Texas Constitution 18 6 Unit 2 The Texas Constitution Factors Leading to Defeat of Proposed Amendment Method of selecting convention delegates Gov Dolph Briscoe s opposition Special