Chapter 2Constitutional Government in the StatesBackground of ConstitutionsSlide 4State Constitutions: General InformationSlide 6State Constitutions: An OverviewHow to Change a State ConstitutionState Constitutional Amendments by LegislaturesSlide 10Democracy in the StatesDirect DemocracySlide 13Initiative and Recall in the StatesDirect Versus Representative DemocracyState Votes on Selected Propositions in the 2000sState Votes on Selected Propositions in the 2000s (Continued)The Texas Constitution TodayConstitutional HistorySlide 20Slide 21Slide 22Explanation of EJ Davis RadRepub reignConstitution of 1876Slide 25Major Offices in TexasThe Texas Constitution of TodayChapter 2Democracy and Constitutionalism in Democracy and Constitutionalism in the Statethe StateConstitutional Government in the Constitutional Government in the StatesStatesAll 50 states have constitutions. The state constitutions•govern governments•set government structure and organization•distribute powers among branches of the government•prescribe the rules by which decisions are made•limit the powers of government and protect the rights of citizensBackground of ConstitutionsBackground of Constitutions•Limited Government•In our political heritage, the power of government over the individual is clearly limited, with aspects of life governments cannot regulate or interfere with.•Legal Status•State constitutions are the supreme law of the state and only subordinate to the U.S. Constitution.Background of ConstitutionsBackground of Constitutions•Origins of Written Constitutions•The Magna Carta in 1215 and colonial charters in the new world•Colonial History•Royal action institutionalized charters and constitutions by recognizing proprietary rights for companies, for established governments, and finally for citizens themselves.State Constitutions: General State Constitutions: General InformationInformationState Constitutions: General InformationState Constitutions: General Information© 2014 Pearson Education, Inc. All rights reserved.State Constitutions: An OverviewState Constitutions: An Overview•Bill of Rights•Separation of Powers•Weak Governors•Legislative Powers•Local Governments•Taxation and Finance•Debt LimitationHow to Change a State ConstitutionHow to Change a State Constitution•Legislative Proposal–the most common method; an amendment is passed by the legislature and put to the voters in a referendum•Popular Initiative–citizens can bypass the legislature for a direct vote if they obtain a requisite number of petition signatures•Constitutional Convention–has lost favor as a method•Constitutional Revision Commissions–rarely used but effective when attemptedState Constitutional Amendments by State Constitutional Amendments by LegislaturesLegislaturesState Constitutional Amendments by State Constitutional Amendments by LegislaturesLegislaturesDemocracy in the StatesDemocracy in the States•Democracy–refers to popular participation in government•Direct democracy–means that the people themselves can initiate and decide policy questions by popular vote•Republicanism–involves decision making by representatives of the peopleDirect DemocracyDirect Democracy•Developed in states and communities following a strong populist movement•The populist and progressive reform movement •introduced a range of devices to bypass political institutions and encourage direct participation•supported women’s suffrage, civil service, and restrictive immigration laws•were responsible for adoption of the three forms of direct democracyDirect DemocracyDirect DemocracyThe three forms of direct democracy are•Initiative–a percentage of voters, using a petition, may have a law or amendment placed on the ballot without legislative involvement•Referendum–electorate must approve legislative decisions before they become law•Recall–allows voters to remove an elected official before the end of his or her termInitiative and Recall in the StatesInitiative and Recall in the StatesDirect Versus Representative Direct Versus Representative Democracy Democracy •The U.S. Constitution does not provide for direct democracy measures, but many state constitutions do allow direct voting in popular initiatives and referenda voting.•Arguments for Direct Democracy•Arguments for Representative Democracy•The Decline of Representative GovernmentState Votes on Selected Propositions in the State Votes on Selected Propositions in the 2000s2000sState Votes on Selected Propositions in the State Votes on Selected Propositions in the 2000s (Continued)2000s (Continued)The Texas Constitution Today•Notoriously poor document•Outdated•Over amended•(483 amendments; U.S., 27)•Super legislation •Micromanages•Opposite of “broadly constructed laws”•Laws basically straightforward – not much room for interp•Describe every minute detail, esp. re: local govt•Ex: general law or home rule cities; state taxing rules•Easy to amend, difficult to overhaul•2/3 legislation and majority vote•Tack on laws easily•Scrap and start new very hard: legislative time crunch •Texans don’t like change – state must really push for changeConstitutional History•1. Constitution of Coahuila y Tejas, 1827•State within Mexico•Mexico had won independence in 1821•1824 – constitute themselves as federal republic and called states to make a constitution in 1825-27•TX doesn’t mind being apart of MX but only as long as they can let them govern themselves as a state•Arguing in 1827 to be its own autonomous state – SFA gets angry & in return MX tags TX onto Coahuila •Chamber of deputies based in Sautillo (capital) •2 deps come from tx •Roman Catholicism = religion, many taxation policies --- many policies don’t apply to TX anglo settlers •1st major change- Santa Ana = MX leader and wanted mexico to be unitary state (pwr to flow from ctrl location)Constitutional History•Republic of Texas, 1836•Why: to declare independence – governing doc of Repub of TX•Washington on the Brazos – where the const was written during the battle of the Alamo •Took chunks of US const and just put “Republic of TX”•SLAVERY = only reason why they didn’t declare independence and auto join US•Writing = treason•March 1836-Dec. 1845•Texas State Constitution of 1845•Candidacy & election of Polk changes everything (platform = manifest destiny) •Election happens =