Chapter 2 The Texas Constitution A constitution is a binding contract between a government and its citizens that reflects the influence of the time and place in which it was written State constitutions tend to be longer that U S are more frequently amended more likely to distribute power among numerous elected officials Contemporary Texas constitution is very long detailed and disorganized but a close analysis can help to clarify the framer s intentions Central Ideas Introduction 1876 constitution is now just a booklet in a museum Lawmakers regularly adjust it in response to changing their circumstances hoping revisions will better enable it to meet the complex demands of modern life Two jobs it defines the pact between the state government and it s citizens and it established the law that is the basis for Texas s legal system It lays out principles but also affects daily life o Quality of roads public schools Get the Gist Questions 1 During what year was the existing constitution first written 1876 Characteristics of Constitutions A constitution is a plan of government that represents a pact between a government and the people it governs It established the fundamental law upon which the state legal system is built and creates procedures for making laws participating as a citizen voter and taking other actions Define the rules of the game that are the basis of a functioning democracy Priorities of society change over time so updating the constitution through amendments can keep them relevant On average countries discard their constitutions about ever 2 decades o The U S has endured for more than 2 centuries Not amended since 1992 Get the Gist Questions 1 Which of the following is not a purpose of a constitution Create a fixed set of rules and norms for governance 2 What is one flaw of most constitutions They are deeply influenced by the historical and cultural context of the time in which they were written Federal vs State Constitutions State constitutions are longer When the document contains specifics this reduces the flexibility of it being interpreted which takes amendments to change Average state amended 100 times Elected officials would promote the public interest while being one step removed from the public mood and the passions of self interest States see more popular influence because of two main philosophical tendencies decentralized government and direct representation States go beyond checks and balances division of federal power Many lower level officials have shared responsibilities that in a more centralized system might reside in one top administrator This can cause a less efficient government and greater difficulty in determining accountability Public has more chances to weigh in on broad range of offices elect officials Get the Gist Questions Typically shorter 1 Which is not true regarding state constitutions in comparison to national 2 At the state level popular elections often determine the law in addition to the votes of delegates in the capital An example of this is a referendum provision that allow voters to put policy proposals on the ballot What principle of democracy is this an example of Direct representation Constitutions in Texas History 1824 Texas was a region within a newly formed Mexican state 1876 Basis of today s Texas constitution emerged from reconstruction in the post civil war era Texas a Spanish providence joined the state of Coahuila in 1824 to form Coahuila y Texas Legislature of that state published a constitution 1827 o Married couples could have 2 types of property separate property and community property This worked because life was usually short and risky o The homestead protection against bankruptcy also helped stabilize the precarious lives of frontier families o The state never established statewide school system but the idea generated intense interest in late Texas constitutional conventions o Separate executive legislative and judicial authority was required o A unicameral state legislature Single chamber with 12 deputies elected by popular vote Texas was one of the 3 districts the new state was divided into and its representatives occupied two seats in the legislature o Established Catholicism as the state religion Influences o The Spanish constitution of 1812 established state religion community property homestead bankruptcy exemption o The U S constitution division of powers o Constitution of Mexico traced key elements to Spanish and U S constitution traditions Get the Gist Questions 1 How many constitutions governed Texas between Texas s time as a region within Mexico and 1876 when Texas s current constitution was first drafted Seven 2 Which of the following was NOT a feature of the constitution of Coahuila y Texas An immigration bureau 3 Which of the following was NOT an influence on the constitution of Coahuila y Texas Constitution of the French consulate in 1800 Constitution 1836 1845 Constitution of 1827 addressed some of the most important needs but political unrest in Mexico and misgovernment in Texas prompted dissatisfied state leaders to call for a new constitutional convention in 1833 Conventioneers drew up a constitution for Texas as a state independent from Coahuila o This didn t result in a new ratified state constitution but did serve to have ideas written out about the beliefs of Texas 3 years late March 1 1836 Delegates met for a new constitution Texans were simultaneously fighting the Battle of the Alamo while delegates at the convention were discussing its governance Convention lasted 15 days They produced a constitution that would serve the independent republic of Texas from 1836 1845 Features o Brief preamble separation of powers into 3 branches bicameral legislature checks and balances on powers of each branch a bill of rights democratic selection of government officeholders free non aboriginal males Influences o Spanish and Mexican law inclusion of community property provisions homestead exemptions protects debtor relief U S constitution and constitutions of Tennessee and other frontier states Texas adopted another constitution in 1845 when it became the 28th state of the Union It restricted legislative powers requirement for joining the Union but were also influenced by one of the chief concerns of both the working man and frontiersman fear of an activist government Features o It is the most respected of Texas s constitutions thanks to its simplicity and directness o Could not authorize individuals to