Federalism
and the Texas
Constitution
Chapter
2
Learning Objectives
2.1
Summarize and analyze federalism and the powers of the
state in a constitutional context.
2.2
Summarize how each of the state’s previous constitutions
shaped its content and the characteristics of the present-day
Texas Constitution.
2.3
Analyze the amendment process, focusing on
recent
constitutional amendment elections as well as attempts to
revise the constitution.
2.4
Explain and analyze the basic sections of the Texas
Constitution.
Copyright © 2016 Cengage Learning. All
rights reserved.
2
The American Federal
Structure
§
Federalism-The relationship between the national
government and the 50 state governments
(regional governments)
§
Texas Constitution outlines the structure of
Texas's state government
§
It establishes the basic rules for state
government
§
Most state Constitutions are longer and have two
additional components that the US Constitution
does not address:It authorizes the creation of
cities and counties and it details how elections
3
will be carried out within the state
The American Federal
Structure
§
§
State Constitutions are subject to the U.S.
Constitutions
U.S. Constitution is more powerful that the state
constitutions
§
Supreme Court, the Federal Law, then states
§
Supremacy Clause applies to all the states-
National Supremacy Clause-Article VI This
Constitution, and the laws of the United States
which shall be made in pursuance thereof, and
all treaties made,or which shall be made under
the authority of the United States, shall be the
4
supreme law of the land
The American Federal
Structure
§
§
§
§
Federalism
States cannot have items in their constitutions
that contradict the U.S. Constitutions
Nevertheless, the states have certain powers
delegated to them that are supposed to limit the
power and encroachment of the Federal
Government
Tenth Amendment-The powers not delegated
by the Constitution, nor prohibited by it to the
States are reserved to the States, respectively,
5
or to the people
The American Federal
Structure
§
§
Federalism
“The States' strategically crucial role in the
administration, financing, and planning of
intergovernmental programs and regulationsboth federal and their own-and their perennial
key position in practically all areas of local
governance have made them the pivotal
middle-men in the realm of functional
federalism.”
6
The American Federal
Structure
§
Distribution of Constitutional Powers
§
Powers of the National Government
§
Delegated powers- specific
(enumerated)
§
Found in Article I, Section 8 of U.S.
Constitution
§
Coins, interstate commerce (regulation
of commerce), funding the armies, etc.
7
The American Federal
Structure
§
Distribution of Constitutional Powers
§
At the end of Article 1, Section 8, is
the necessary and proper clause,
which implies that the Congress can
use the means to implement the
enumerated powers
§
Inferred by the constitutional
authority of Congress (implied
powers)
8
The American Federal
Structure
§
Distribution of Constitutional Powers
–
The Federal government has also expanded
its powers through the Interstate Commerce
Clause
–
Throughout the years, the US Supreme Court
gave leeway to Congress under the Interstate
Commerce Clause (commerce across two
state lines/borders) to legislate in matters
traditionally reserved for the states. Ex.
Minimum wage for employees of local
government
9
The American Federal
Structure
§
Guarantees to the States
§
§
§
States may not combine or divide without
permission. Need approval of Congress
and the state legislatures involved
Each state guaranteed two senators and at
least one member in the House
(Republican form of government)
All states participate equally in approving or
rejecting proposed amendments to the US
Constitution
10
The American Federal
Structure
§
Guarantees to the States
§
§
§
§
Federal protection against
invasion/domestic violence
Texas crimes will be tried in Texas
Each state has electoral votes equal to
the number in U.S. senators and
representatives. Texas has 38 electoral
votes
Not equal votes for each state
11
The American Federal
Structure
§
Limitations on the States
§
§
§
Article I, Section 10 of U.S. Constitution-can't
make treaties with other foreign governments.
Can't levy taxes on another state's products.
Texas v. White (1869)- Can't secede from the
Union
States can't limit the number of terms for
members of the states' congressional
delegation (in Washington D.C.).
12
The American Federal
Structure
§
Limitations on the States
§
§
Fourteenth Amendment- no state may
deprive persons of life, liberty, or property
without die process of law. These protections
include those rights covered in the the US
Constitution's Bill of Rights (Most of the first ten
amendments). Expansion has occurred
primarily through a series of cases heard by
the US Supreme Court
Incorporation Theory-Federal Courts have
applied portions of the US Bill of Rights to the
13
states by virtue of the Fourteenth Amendment's
The American Federal
Structure
§
Limitations on the States
§
§
Fourteenth Amendment- no state may
deprive persons of life, liberty, or property
without die process of law. These protections
include those rights covered in the the US
Constitution's Bill of Rights (Most of the first ten
amendments). Expansion has occurred
primarily through a series of cases heard by
the US Supreme Court
Incorporation Theory-Federal Courts have
applied portions of the US Bill of Rights to the
14
states by virtue of the Fourteenth Amendment's
The American Federal
Structure
§
Limitations on the States
§
14th amendment (cont.)
To ensure these protections, Congress
has enforcement powers under the
Fourteenth Amendment
§
14th amendment also includes equal
protection of the law and privileges and
immunities
15
The American Federal
Structure
§
Interstate Relations and State
Immunities
§
Article IV
§
Privileges and immunities- citizens are
guaranteed protection by government,
enjoyment of life and liberty, the right to
acquire and possess property, the right to
leave and enter any, state and the right to
use state courts
The American Federal
Structure
§
Interstate Relations and State
Immunities
–
Article IV (con't)
–
Full faith and credit clause- Most
government actions of another state must
be officially recognized by public officials in
Texas. (Births, deaths, marriages,
adoptions)
–
Extradition: Return of a fugitive to the
state where the crime originated
The American Federal
Structure
§
§
§
Interstate Relations and State
Immunities(con't)
Eleventh Amendment-affects relations between
citizens of one state and the government of another
state. A state may not be sued by its own citizens or
those of another state, without the defendant state's
consent (highly unlikely) nor can state employees
sue the state for violating federal law
This law, otherwise known as sovereign immunity,
gives a tremendous shield to the government.
18
The American Federal
Structure
§
Interstate Relations and State
Immunities
§
Not absolute. Several families whose children
were eligible for medicaid sued the state of Texas
for its failure to provide these programs. Court
said to correct program after plaintiff's and state
agreed to a consent decree (an agreement by
both parties to avoid litigation.
19
The American Federal
Structure
§
Interstate Relations and State
Immunities
§
Texas courts sued saying sovereign immunity did
not allow federal courts to enforce the decree
§
Supreme Court said not a sovereign immunity
case because the suit was not against the state
but against state officials who had acted in
violation of federal law.
20
The American Federal
Structure
§
State Powers
§
Unlike Article I, Section 8 which spells
out (enumerates) what the Federal
Government can do, state powers not
defined by U.S. Constitution
21
The American Federal
Structure
§
State Powers
§
Reserved powers. Derived from the
Tenth Amendment of the US
Constitution. Assumed all powers not
delegated to the Federal government ,
nor prohibited to the states, is
automatically reserved to the states.
22
The American Federal
Structure
§
State Powers
§
Therefore, state powers not spelled
out in the Constitution. Undefined,and
are often very difficult to specify
especially when the powers are
concurrent of the national governments
23
The American Federal
Structure
§
State Powers
§
Police power-protection of health, morals,
safety, convenience of citizens, and
provision for the general welfare
§
Taxing power-raising revenue to pay
salaries of state employees, meet other
costs of government, and repay borrowed
money, assessment of a property tax
24
The American Federal
Structure
§
State Powers
§
Proprietary power- public ownership of
property, such as airports, energy-producing
utilities, parks, public water supply
§
Eminent domain-taking private property at a
fair price to various kinds of public projects,
such as highway construction. (Texas
legislature has written laws to limit this due to
the Supreme Court's Kelo decision)
25
The American Federal
Structure
§
State Powers
§
Texas challenged constitutionality of Obama’s
Patient Protection and Affordable Care Act p.51.
§
Taxing authority given to Congress in Article I,
Section 8 , allowed them to justify mandate on
the Congress's ability to tax but not on interstate
commerce. Also, the Federal Government could
not withdraw existing Medicaid funding from
states that failed to comply with Obamacare.
(So limited Congress's authority)
26
The American Federal
Structure
§
Federal-State Relations: An
Evolving Process
§
Texas has challenged federal authority through
lawsuits. Texas has also refused federal funds for
unemployment benefits, Medicaid expansion,
and public school funding because these funds
require the adoption of national standards for
state-run programs.
27
The American Federal
Structure
Legislation in Texas Legislature
(Creighton's resolution 2009) demanded
that the federal government cease and
desist mandates beyond constitutionally
delegate powers
Other state legislative actions that are part
of the State Sovereignty Movement
28
The American Federal
Structure
Obama administration tried to stimulate state
economies. Prevented the decline but not a lasting
effect
Texas finally accepted, after tremendous pressure
from the state, universities, and local governments,
the $25 billion in stimulus monies but rejected $555
million for the state's unemployment insurance
program .
29
The American Federal
Structure
§
Federal-State Relations: An Evolving Process
§
Certain periods reflecting an expansion or
decline of the federal government.
§
1865 to1930- Congress to regulate railroads and
interstate commerce within and among the states
§
After 1937 (New Deal)- great expansion of
national programs over state programs and many
dictates and regulations
30
The American Federal
Structure
§
Federal-State Relations: An Evolving Process
§
Federal grants-in-aid-money appropriated by the
US Congress to help states and local
government provide needed facilities and
services.
§
Strings are attached and dictates to states. (FDR
and Johnson). Federal government can greatly
influence state policymaking
31
The American Federal
Structure
§
Federal-State Relations: An Evolving Process
§
Devolution (1980 and on) Reagan, Bush, and
Clinton; (Republican Congress)
§
§
A shift to give more responsibility to states with
some reduction in funding. Addressed later by Newt
Gingrich during Clinton presidency through the
unfunded mandate act
Block grants- Congressional grant of money that
allows the state considerable flexibility in spending
32
for a program, such as providing welfare services
The American Federal
Structure
§
Federal-State Relations: An Evolving Process
§
Reagan, George H. Bush, and George W. Bush
usually nominated Supreme Court Judges that would
at least acknowledge limitations of the Federal
Governmental Powers
§
Though G.W. Bush administration wanted to expand
or preserve state's rights, the administration
expanded the federal role in one area, No Child Left
Behind ( In order to get federal funds would have to
do testing) but tried to allow states individual
33
implementation
The American Federal
Structure
§
§
§
Questions:
The Tenth Amendment specifically
identifies states' powers
Does devolution give states more or
less freedom to make decisions?
34
The Texas Constitution:
Politics of Policymaking
§
§
Historical DevelopmentsConstitution establishes the state's
government, creates governmental
institutions, assigns and defines
government powers, and imposes
limitations, and identifies Texans' civil
liberties and civil rights
35
The Texas Constitution:
Politics of Policymaking
§
§
§
Historical DevelopmentsConstitution should indicate the process by which
problems will be solved, both in the present and in
the future, and should not attempt to solve specific
problems. Later generations will not need to adopt
numerous amendments.
In many areas, however, the Texas Constitution
mandates specific policies in great detail (long),
which has required frequent amendments.
36
How Do We Compare
. . . in State Constitutions?
Most Populous
U.S. States
Year of
Adoption
Approximate
No. of Words and #
of Amendments
U.S. States
Bordering Texas
Year of
Adoption
Approximate
No. of Words and
# of Amendments
California
1879
67,000 (527)
Arkansas
1874
59,000 (99)
Florida
1968
57,000 (121)
Louisiana
1974
70,000 (176)
New York
1894
44,000 (220)
New Mexico
1911
33,000 (165)
1907
81,000 (193)
Texas
1876
87,000 (484)
Oklahoma
Critical Thinking Question:
Analyze this chart. What are your initial impressions regarding the
length and number of amendments in comparison to other states?
In your opinion, should the Texas Constitution be rewritten? If so,
what recommendations would you offer for revision?
Copyright © 2016 Cengage Learning. All
rights reserved.
37
The Texas Constitution:
Politics of Policymaking
§
Historical Developments-
§
First six constitutions reflect political situation of the time
§
(1) Constitution of Coahuila y Tejas 1827- Texians
( as Texans called themselves at the time) wanted
to declare independence from Mexico due to the
following:Desire for unrestricted trade with US,
anger over Mexico's abolition of slavery, increasing
numbers of immigrant settlers and insufficient Anglo
representation in the 12-member Coahuila Y Tejas
legislature , and no English language in the use of
the government
38
The Texas Constitution:
Politics of Policymaking
§
§
§
Historical Developments-
First six constitutions reflect political situation of the
time
(2) Constitution of Republic of Texas 1836- Sam
Houston president, Anson Jones president when
new constitution written to become part of the
United States. (9 years as a Republic 1836-1845)
Texas as a slave state (Had to wait for Oregon to
be admitted as a non slave state) and concerns of
annexation would lead to war with Mexico
39
The Texas Constitution:
Politics of Policymaking
§
Historical Developments-
§
First six constitutions reflect political situation of the time
§
§
§
§
(3) Texas Constitution 1845 (on Dec. 29 1845, became
the 28th state admitted to the Union)
The Texas Constitution of 1845 lasted until the civil War
began.
War with Mexico soon afterwards over the boundary
lines between the two countries. Treaty of Guadalupe
Hidalgo lost more than half its territory and recognized
the Rio Grande as Texas's southern border
Guaranteed Mexicans all rights of citizenship
40
The Texas Constitution:
Politics of Policymaking
§
§
Historical Developments-
First six constitutions reflect political situation of the
time
§
§
§
1845 (con't) Guaranteed Mexicans all rights of
citizenship
Many Mexican Americans,however, were soon
deprived of most of their rights, especially
property rights.
(4)Secession Constitution of 1861 (During Civil
War)
41
The Texas Constitution:
Politics of Policymaking
§
§
§
Historical Developments-
(5) Reconstruction Constitution of 1866 Based on the
Constitution of 1845. (During Reconstruction).
Restore Texas to the union with minimal changes in
existing social , economic, and political institutions. In
addition to the 1845 Constitution, the 1866 recognized
former slaves to sue in the state's courts, to enter into
contract, to obtain and transfer property and to testify in
court action involving black citizens but not white
citizens. Protected personal property of African
American Texans, but it did not permit them to vote, hold
public office, or serves as jurors.
42
The Texas Constitution:
Politics of Policymaking
§
§
Historical DevelopmentsWhen the “Radical Republicans” gained control of
the US Congress after the election of 1866, it
refused to seat Texas's two senators and three
representatives, set aside the state's reconstructed
government, enfranchised former slaves,
disenfranchised prominent white, and imposed
military rule across the state. Texas under military
rule
43
The Texas Constitution:
Politics of Policymaking
§
Historical Developments-
§
First six constitutions reflect political situation of the time
§
(6)Texas Constitution 1869-
§
Centralized more power in state governments
§
Compulsory school attendance
§
Full range of rights for former slaves
§
Radical Republicans gained control of the Texas
legislature and elected E. J. Davis as the first
Republican governor of Texas
44
The Texas Constitution:
Politics of Policymaking
§
§
Historical DevelopmentsFirst six constitutions reflect political situation of the
time
§
§
§
§
Texas Constitution 1869 (con't)Violence and lawlessness were serious
problems and Davis imposed martial law and
used police methods to enforce his decree.
Increased property taxes and increased
spending
Governor (4 years and not 2years as will be45
done later in the 1876) ) with Rep (2)/Sen (4)
The Texas Constitution:
Politics of Policymaking
§
§
Historical DevelopmentsFirst six constitutions reflect political
situation of the time
§
Texas Constitution 1869 (con't)-
§
Control of voter registration
§
Appointments to various state and local offices
were filled with Davis's supporters
46
E. J. Davis and some of the Constitutional
Convention delegates of 1875
Critical Thinking Question:
Reflect on these photos. How do Texas’s constitutional history
and the administration of Governor E. J. Davis continue to
influence the state’s present-day constitution and government?
Copyright © 2016 Cengage Learning. All
rights reserved.
47
The Texas Constitution:
Politics of Policymaking
§
Historical Developments-
§
First six constitutions reflect political situation of the time
§
Texas Constitution 1869 (con't) §
§
§
Associated with Reconstruction
Yet “modern” in that they had annual sessions of the
legislature, four year term for governor, and
gubernatorial (governor) appointments rather than
elections of judges
Abolished country courts. raised the salary of
government officials/Centralized more power in Austin
48
The Texas Constitution:
Politics of Policymaking
§
§
§
Historical DevelopmentsFirst six constitutions reflect political situation of the
time
Democrats got control of the legislature (1872) and
Coke was elected. Davis had to be physically
removed from the capitol. Democrats also got
control of the state courts and rewrote the Texas
Constitution
§
49
The Texas Constitution:
Politics of Policymaking
§
Historical Developments-
§
(7) Constitution of 1876
§
§
§
75 Democrats, 15 Republicans (6 African
Americans) as delegates to Constitutional
convention
Texas Grange (The Patrons of Husbandry)
“Retrenchment and Reform”
Reduced spending and limited government
50
The Texas Constitution:
Politics of Policymaking
§
Historical Developments-
§
Constitution of 1876
§
No voter registration (amended later)
§
Restricted the three branches of government
§
§
Reduced the governor's salary, powers, and terms
of office (from four to two)
All executive offices elected (exception secretary of
state)
§
51
§
The Texas Constitution:
Politics of Policymaking
§
Historical Developments-
§
Constitution of 1876
§
§
§
Tied the hands of legislators with biennial (once
every two years) sessions, low salaries, and limited
legislative powers
All judgeships became popularly elected for
relatively short terms of office
Justice of the Peace, county courts, and district
courts with elected judges
52
The Texas Constitution:
Politics of Policymaking
§
Historical Developments-
§
Constitution of 1876
§
Public services were trimmed to the bone
§
Framers limited public debt
§
Curbed legislature's taxing and spending policy
§
Racially segregated public education and repealed
the compulsory school attendance law
53
The Texas Constitution:
Politics of Policymaking
§
Historical Developments-
§
Constitution of 1876
§
Restored precinct elections
§
Allowed only taxpayers to vote on local bond issues
§
Approved by more than two-to-one majority, mostly
from the rural population, though the Houston,
Dallas, San Antonio and Galveston voted against it.
54
The Texas Constitution:
Politics of Policymaking
§
Historical Developments-
§
Constitution of 1876
§
§
The general consensus of the time held that a state
government could exercise only those powers listed
in the state Constitution
Instead of being permitted to exercise powers not
denied by the US Constitution, Texas lawmakers
are limited to powers spelled out in the state's
Constitution
55
The Texas Constitution:
Politics of Policymaking
§
§
§
Questions:
How many different constitutions has
Texas had throughout its history?
Texas's present-day constitution has
been amended just under 100 times
56
The Texas Constitution:
Politics of Policymaking
§
Today: After More Than a Century of Usage
§
Constitution now in place 135+ years (nearly 140
years)
§
Undergone many amendments
§
§
666 amendment proposals to voters
Amendment needed to change the way the
state pays bills, to abolish unneeded state and
county offices., or to authorize a bond issue
pledging state revenue
57
The Texas Constitution:
Politics of Policymaking
§
Today: After More Than a Century of Usage
§
Instead of through constitutional amendments, most
should be resolved by statutes
§
Urbanization, industrialization, technological
innovations, popularization growth, demand for
programs and services, and countless social changes
contribute to pressures for frequent constitutional
change ( and yet Texans have resisted a
comprehensive overhaul)
§
Proposition 2
58
The Texas Constitution:
Politics of Policymaking
§
Today: After More Than a Century of Usage
§
“Apathetic and uninformed electorate” must decide
the fate of many complex policy issues
§
Special interests represented by well- financed
lobbyists and the media often play influential roles in
constitutional policymaking
§
Influence the success or defeat of the program .
§
Proposition 2
59
The Texas Constitution:
Politics of Policymaking
§
Today: After More Than a Century of Usage
§
“2013- state legislature to pull $2 Billion form the
Rainy Day fund for specially created accounts to
make low interest loans for water infrastructure and
conservation projects
§
2014 Diverting money from the “rainy-day” fund, the
state's savings account to the State Highway fund to
pay for road construction and maintenance
60
Constitutional Amendments
and Revision
§
Constitutional Amendment Process
§
Requires two-thirds vote in each chamber (2/3rd
through a joint resolution in the state legislature)
§
Voters must approve amendment
§
Governor has no veto power
§
Problem with frequent constitutional amendment
elections
§
Voter turnout for amendments is usually low
61
Constitutional Amendments
and Revision
§
Constitutional Amendment Process
§
Texas voters don’t have power of initiative and
referendum at the state level.
§
Initiative -A citizen-drafted measure proposed by
a specific number of percentage of qualified
voters that becomes law if approved by popular
vote. In Texas, this process occurs only at the
local level not at the state level
62
Constitutional Amendments
and Revision
§
Constitutional Revision
§
First revision came soon after adoption
§
Comprehensive movement 1971
§
Could change anything except Bill of Rights
§
1974 Constitutional Convention
§
Three votes short of approval
§
Right to work provisions derailed 1974
Constitutional Convention
§
Was hampered by lack of positive political
leadership
63
Constitutional Amendments
and Revision
§
Constitutional Revision
§
Revision proposed in 1975 comprising 10 articles
in eight sections to be submitted to the Texas
electorate in November of that year (similar to
the 1974 propositions). It was the last time that
voters were presented with a wholesale
constitutional revision proposal from the state
legislature. Voters rejected each proposition.
64
Constitutional Amendments
and Revision
§
More Revision Attempts
§
More revisions attempts have failed
§
Montford Plan 1995-many of the concepts of the
failed 1975 proposal
§
Ratliff-Junell Draft 1999-replace partisan election
method of selecting state judges and increasing
salaries of House speaker and Lt. Gov.
65
Constitutional Amendments
and Revision
§
More Revision Attempts
§
Roy Walthall and bipartisan team 2010
§
–
§
More readable and usable but not changing
substance (didn't get a vote)
No great fervor for comprehensive revisions
because more people concerned about series
of budget crises, redistricting issues, school
funding dominating the legislative agenda
The prinicial means by which constitutional
change has occurred in Texas since 1876 is
through constitutional amendments. Piecemeal
66
Revision through legislative enactments
Constitutional Amendments
and Revision
§
§
The prinicial means by which
constitutional change has occurred
in Texas since 1876 is through
constitutional amendments.
Piecemeal Revision through
legislative enactments
(amendments) rather than complete
revision
67
Constitutional Amendments
and Revision
§
§
The prinicial means by which
constitutional change has occurred
in Texas since 1876 is through
constitutional amendments.
Piecemeal Revision through
legislative enactments
(amendments) rather than complete
revision
68
Constitutional Amendments
and Revision
§
Piecemeal Revision
§
§
§
§
Examples of Legislative enactments through
piecemeal revision:
Established a single property tax appraisal
district in each county
Gave criminal appellate jurisdiction to 14 courts
of appeals that formerly had exercised civil
jurisdiction only
Allowed the governor restricted removal power
over appointed statewide officials
69
Constitutional Amendments
and Revision
§
§
§
Questions:
When was the last time voters were
presemted with a wholesale constitutional
revision proposal from the state legislature?
Amending the Texas Constitutions requires
two- thirds of the members of each chamber
of the state legislature voting for a proposed
amendment and three-fourths of the voters
approving it in a constitutional amendment
70
election
The Texas Constitution:
A Summary
§
The Bill of Rights- Article I
–
Guarantees protections for people and property
against arbitrary governmental (state and local)
actions
§
Similar to one found in U.S. Constitution but
wording more extensive p.68
§
Freedom of speech, press, religion, assembly,
religion, and petition/religious case to Supreme
§
Wording or certain “rights” is more expansive
than the US Constitution
71
The Texas Constitution:
A Summary
§
§
The Bill of Rights
Texas Constitution is even more protective of certain
rights than is the U.S. Constitution
§
Rights of criminals and victims
§
§
Texas protects crime victims; restitution, information
about the accused, protection from the accused
throughout the criminal justice process and respect
for the victim's privacy
Equal rights for women
§
Texas Equal Legal Rights Amendment 1972
72
The Texas Constitution:
A Summary
§
The Bill of Rights
§
Additional protections
§
§
§
§
Prohibitions against imprisonment for debt
Outlawry- putting a convicted person outside of
protection of the law and banishment from the state
An efficient system of free public schools
1989 state legislature to create a more equitable
public school finance system
73
The Texas Constitution:
A Summary
§
The Bill of Rights
§
Additional protections
§
§
§
2005- rather than focused on inequities it focused on
whether state-imposed property tax cap amounted to a
statewide property tax which the Texas Constitution
forbids
Property taxes can be collected only at the local level
(80% of all school district had reached this cap and state
funding continued to decline, the court held that school
boards had effectively lost control of tax rates
Alter everything but the Bill of Rights
74
The Texas Constitution:
A Summary
§
The Powers of Government and Separation of
Powers
§
Three branches of government (Article II)- law
making, law-enforcing, and law- interpreting
function to separate branches of government
§
Bicameral legislature (Article III)
75
The Texas Constitution:
A Summary
§
The Powers of Government and Separation of
Powers
§
Governor shares power with four other officers
(Article IV) (Lt. Governor, Attorney General, the
Comptroller of Public Accounts, Commissioner of
the General Land Office, and Commissioner of
Agriculture.) “Plural Executive”
§
One of two states with a bifurcated court system
(Article V)
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The Texas Constitution:
A Summary
Unlike the US constitution, the State Constitutions
address elections and local governments
§
Suffrage(The right to vote)
●
§
Before 1870 states had the definitive power to
conduct elections. Voting Rights Act of 1965 and
US Supreme court rulings has curtailed some of the
state's power
§
The right to vote/Photo ID requirement/Bilingual
ballots required
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The Texas Constitution:
A Summary
§
§
§
§
Suffrage
In 2013, mandatory preclearance was eliminated
Shelby County v. Holder 2013
Dept. of Justice filed suit but Attorney General
(Abbott) interpreted the Shelby decision to allow for
voter ID requirement
State still provides for qualifications for voters and
provides for citizen registration and governs
conduct of elections
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The Texas Constitution:
A Summary
§
§
§
§
In response to federal -level changes, there has
been the abolishment of the poll tax (1966) in state
elections and voting age 18 instead of 21
Local Governments
Counties, municipalities (cities), school districts
(1876) and other special districts(1904)
Other Articles
79
The Texas Constitution:
A Summary
Question:
§
§
The Texas Constitution contains
constitutional rights not found in the
US Constitution
Article II of the Texas Constitution
assigns powers to which branches of
government?
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Tejano Monument on the Texas Capitol grounds.
Critical Thinking Question: Reflect on this photo.
What are your impressions of the Tejano Monument and
the images it represents?
Copyright © 2016 Cengage Learning. All
rights reserved.
81
Immigrant Death Toll
Click on picture to view video
Copyright © 2016 Cengage Learning. All
rights reserved.
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Video Discussion Questions
1.
2.
3.
Why is citizenship a constitutional issue?
What branch of government should determine
immigration policy for Texas?
Does the Texas constitution provide any
protections for illegal immigrants? Why or why
not?
Copyright © 2016 Cengage Learning. All
rights reserved.
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