CH 2: The Texas Constitution

Explain what a constitution does.

A constitution implements a social contract between people, spells out rights and responsibilities, and sets rules of government.

What was the structure of government established by the 1836 Texas Constitution?

A separation of powers arranged responsibility between the legislative, executive, and judicial branches.

How does the Texas Constitution compare to other state constitutions?

Alabama's constitution is the longest. Texas's constitution trails far behind in second place but has also had many amendments. Newer, western, and smaller states, such as Hawaii, New Mexico, and Alaska, have shorter constitutions.

Did most counties in Texas support secession? Why were there such geographic differences?

By a vote of 166 to 8, Texas declared its secession in February 1861. Most counties voted to secede from the Union, although others chose to remain. Much of northern Texas and the western border of the state voted in favor of staying in the Union due to safety concerns on the frontier and the fact that these settlers had migrated from neutral border states. Counties populated by immigrants from the southern United States voted to leave the Union primarily to preserve the practice of slavery. German settlers in counties of central Texas were opposed to secession because many did not have slaves. Counties where they held a majority voted in favor of staying in the Union. Sharing an agricultural need for the continuation of slavery, much of eastern Texas voted to secede from the Union.

What reforms have critics of the Texas Constitution tried to advance?

Critics of the constitution argue that it is too long, reads like a legal statute, and isn't flexible in allowing local governments to act efficiently. Proponents of change have been largely unsuccessful in altering these points.

What prompted the Constitution of 1876 to be written?

Distrust over centralized government, lack of local control of government, and a crime wave promoted a rewriting of the Texas Constitution in 1876.

Why are there so many amendments in some years and so few in others?

In some years, constitutional reform efforts become legislative priorities, often when the legislature faces fewer pressing policy issues. The legislature asks voters to approve measures that are controversial rather than create legislation and take possible blame for the result. In years when major issues are on the table (tax cuts, school reform), voters often must approve of changes.

How many amendments are approved on average?

In some years, only one proposed amendment was passed by the voters, such as in 1978, 1986, and 2014. In multiple years, 20 or more amendments were approved. For instance, in 2001, voters approved 20 amendments. These were primarily "constitutional cleanup" matters that moved specific provisions from one section to another or to a more appropriate section, or eliminated outdated or unnecessary language from the document.

For what years and what issues is voter turnout higher? Lower?

Some issues spark voter interest, and some do not. For instance, turnout was only 3.7 percent in 2011 for the amendment allowing a tax exemption for the surviving spouse of a veteran, whereas the 2005 amendment to change the constitution's definition of marriage to one man and one woman drew 18 percent of the vote. Turnout in amendment elections tends to be higher when they coincide with a general election but lower otherwise.

What were the similarities and differences between the 1836 Constitution of the Republic and the U.S. Constitution with respect to the power of the president and the role of free enterprise?

The 1836 Texas Constitution limited the role of the chief executive but enhanced the role of free enterprise.

Why did the 1845 Constitution extend popular control to state government?

The 1845 Constitution extended popular control to state government to provide more voter control over state officials.

In what ways was the 1845 Constitution different from the 1836 Constitution on property rights?

The 1845 Constitution extended property rights to married women. It also included the homestead law.

What prompted the Constitution of 1866 to be written, and what unique features did it contain as a result?

The Confederacy's loss in the Civil War brought federal government control, along with specific rules, to former Confederate states.

What was the position of the Constitution of 1861 on states' rights?

The Constitution of 1861 took a strong position in favor of states' rights.

What are three important features of the Constitution of 1869?

The Reconstruction Constitution was required to specify the equality of all persons before the law, ratify the Fourteenth Amendment, and decry the "heresies" of secession. The right to a public education was also first introduced, and the right to vote was extended to African Americans.

Why is the Texas Constitution amended so often?

The Texas Constitution is easy to amend— and is frequently amended because it inherently restricts state power to those provisions outlined in the constitution.

Why is the Texas Constitution so long?

The Texas Constitution is very restrictive. Minor issues such as tax exemptions for manufactured aircraft parts must be changed through the amendment process. As a result, the Texas Constitution's length increases consistently. Southern states have larger constitutions than others because they had to adapt restrictive constitutions after the Civil War. Alabama, Texas, Louisiana, and Virginia (and others not displayed) all have seen major changes. Western states, such as Hawaii, New Mexico, and Alaska, favor small government, and modest population growth has kept the number of changes in those states small.

What are the four principles guiding the Texas Constitution?

The current Texas Constitution has four key principles: popular sovereignty, limited state government through local control, separation of powers, and personal rights and liberties.

What were the stated grievances of the Texas Declaration of Independence?

The grievances contained in the Texas Declaration of Independence include forced Catholicism, no trial by jury, no education system, collection of weapons, and incitement of Native American attacks.

What events provoked Texans to rebel against Mexico?

The revoking of the Constitution of 1824, the high point of liberty granted to the colonists, became a rallying cry for the restitution of rights during the Texas Revolution.

Describe the Texas Bill of Rights and how it has evolved over time.

The rights granted by the bill of rights are inviolate and certify the rights that Texans possess under the constitution. The bill of rights has also expanded to include specific individual rights, such as access to public lands and restitution for victims of crime.

What two themes run through the Texas constitutions?

The two themes in Texas's constitutions have been a commitment to individual rights and a strict separation of powers.

Why does turnout vary?

Turnout in amendment elections tends to be lower when the issues are narrow or procedural, making them difficult for most voters to understand. Turnout tends to be higher when the issues in the amendment are of greater social or economic importance. Amendment elections also have no popular candidate to back or direct party involvement, and they are often held at times that don't correspond to other elections.

What percentage of amendments is approved by voters? What types of amendments do voters support, and what types do they reject?

Voters approve 74 percent of amendments and especially favor those that cut taxes. Voters reject amendments that change the structure of government.

constitution

a document that establishes principles, powers, and responsibilities of government

republic

a form of government in which people rule indirectly through elected representatives

bill of rights

a formal declaration of the rights of citizens

monarchy

a government run by a single individual, often a king or a queen, until death or abdication

homestead law

a law that prevents Texans from losing their homes in the eventof bankruptcy or other financial problems

limited government

a political system in which the government's functions and powers are restricted to protect individual liberty

separation of powers

a system that vests political, judicial, and policymaking authority across different branches of government

Former Chief Justice of the Texas Supreme Court Tom Phillips said which of the following regarding the level of detail included in the Texas Constitution? a. It is too detailed. b. It is not detailed enough. c. It has just the right amount of detail. d. He did not remark on this element of the Texas Constitution.

a. It is too detailed.

Most amendments put to Texas voters . . . a. Pass b. Fail c. Are referred to a "SpecialSession" d. Are debated by the governor and the legislature

a. Pass

The current Texas Constitution is also known as . . . a. The Constitution of 1876 b. The Constitution of 1845 c. The Constitution of 1869 d. The Constitution of 1888

a. The Constitution of 1876

10. Voters have been willing to change the structure of government by constitutional amendment. a. True b. False

a. True

social contract

an agreement in which the governed give up certain freedoms in return for government protection

sovereignty

authority over a political entity, such as a province or a state

The following individual was dispatched to Mexico City to deliver petitions, only to be imprisoned for inciting Texas to revolution by organizing a new state government without permission: a. Anastacio Bustamante b. Stephen F. Austin c. Sam Houston d. General Robert E. Lee

b. Stephen F. Austin

In 1823, when Emperor Iturbide was forced to abdicate, the new Mexican Congress ratified Austin's charter but established a colonization law that future settlers must obey. Regional land distributors served as the local recruiters and leaders of a fixed area of land and the people who settled there. What was the name of these distributors? a. Colonizers b. Luchadores c. Empresarios d. Coahuilans

c. Empresarios

In terms of state authority and power, the current Texas Constitution . . . a. Remains ambivalent on the matter b. Calls for a strong central governing body c. Is severely limiting d. Remains completely silent on the matter

c. Is severely limiting

In the single decade of the 1860s, how many times was the Texas Constitution rewritten? a. None b. One time c. Three times d. Eight times

c. Three times

All of the following concepts guided the creation of the Texas Constitution of 1876, EXCEPT . . . a. Popularsovereignty b. Limited government c. Self-government d. Capitalism

d. Capitalism

Which type of system vests political, legal, and policymaking authority across different branches of government? a. Gubernatorial system b. Constitutional monarchy c. Electoral College d. Separation of powers

d. Separation of powers

plural executive

diffusion of authority and power throughout several entities in the executive branch

popular sovereignty

rule by the people.

suffrage

the right to participate in the electoral process by voting

Why do some amendments pass but not others?

• Uncertainty about the impact of changes in government's design leads voters to reject institutional changes. • Voters treat constitutional changes like a referendum on issues: They consider the personal impacts of policy and vote accordingly.

What sorts of amendments pass? What sorts fail?

• Voters generally disapprove of changes to institutions, such as lengthening the terms of Texas House members or increasing the size of the Texas Senate. • Voters tend to vote in favor of amendments that align with ideological or moral principles. For instance, voters chose to eliminate the poll tax and extend rights to crime victims.