Texas constitution weaknesses

Government and Politics in the Lone Star State

Tenth Edition

Chapter 2

The Texas Constitution

Copyright © 2018, 2016, 2013 Pearson Education, Inc. All Rights Reserved

Learning Objectives

2.1 Identify the functions of a constitution and place the Texas Constitution in a national comparative context.

2.2 Describe the historical influences, similarities, and differences among Texas’s first six constitutions.

2.3 Discuss the origins of the Constitution of 1876, its general principles, and the weaknesses and restrictions it still imposes on state government today.

2.4 Contrast the relative ease and frequency of the constitutional amendment process with the difficulty of enacting more fundamental change through the constitutional convention process.

Copyright © 2018, 2016, 2013 Pearson Education, Inc. All Rights Reserved

Constitutionalism (1 of 2)

Constitutions Have Multiple Functions.

Define the principles of a society

State the political objectives of a society

Define the relationship between the government and the governed

Set limits on what each group can do

Resolve conflict through institutional arrangements

Copyright © 2018, 2016, 2013 Pearson Education, Inc. All Rights Reserved

Table 2-1 The Seven Texas Constitutions

The Seven Texas Constitutions
1827: Constitution of Coahuila y Tejas
Adopted in 1827 while Texas was still part of Mexico, this constitution recognized Texas as a Mexican state with Coahuila.
1836: Constitution of the Republic
The constitution of March 16, 1836, declared independence from Mexico and constituted Texas as an independent republic.
1845: Constitution of 1845
Texas was admitted to the Union under this constitution.
1861: Civil War Constitution
After the state seceded from the Union and joined the Confederacy in 1861, Texans adopted this constitution.
1866: Constitution of 1866
This was a short-lived constitution under which Texas sought to be readmitted to the Union after the Civil War and before the Radical Reconstructionists took control of the U.S. Congress.
1869: Reconstruction Constitution
Power was centralized in the state government, and local governments were significantly weakened under this constitution, which reflected the sentiments of Radical Reconstructionists, not of most Texans.
1876: Texas Constitution
Adopted at the end of Reconstruction and amended 491 times since, this is the constitution under which Texas currently functions. Highly restrictive and antigovernment, this constitution places strict limitations on the powers of the governor, the legislature, and other state officials.
Copyright © 2018, 2016, 2013 Pearson Education, Inc. All Rights Reserved

Table 2-2 Comparison of the Texas Constitution and the U.S. Constitution (1of 2)

Provisions U.S. Constitution Texas Constitution
General principles Popular sovereignty Popular sovereignty
Blank cell Limited government Limited government
Blank cell Representative government Representative government
Blank cell Social contract theory Social contract theory
Blank cell Separation of powers Separation of powers
Context of adoption Reaction to weakness of Articles of Confederation—strengthened national powers significantly Post-Reconstruction—designed to limit powers of government
Style General principles stated in broad terms Detailed provisions
Length 7,000 words 90,000-plus words
Date of implementation 1789 1871
Amendments 27 491
Amendment process Difficult Relatively easy
Adaptation to change Moderately easy through interpretation Difficult; often requires constitutional amendments
Copyright © 2018, 2016, 2013 Pearson Education, Inc. All Rights Reserved

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Table 2-2 Comparison of the Texas Constitution and the U.S. Constitution (2 of 2)

Provisions U.S. Constitution Texas Constitution
Bill of rights Amendments to the Constitution—adopted in 1791 Article 1 of the Constitution of 1876
Structure of government Separation of powers (with a unified executive) based on provisions of Articles 1, 2, 3 Separation of powers (with plural executive) defined by Article 2
Legislature Bicameral Bicameral
Executive Single or unified president Plural executive
Judiciary Creation of one Supreme Court and other courts to be created by the Congress