Texas Government and Constitution Lecture Notes

Introduction

• Focus on the Texas Constitution, specifically the 1876 version
• Designed to prevent strong governance as seen under Governor E.J. Davis
• Current Texas Constitution consists of 16 articles
• Over time, 690 amendments proposed; 507 approved by voters

Article 1: Texas Bill of Rights

• Texas Bill of Rights is in Article 1, unlike the U.S. Constitution where it's the first 10 amendments
• More detailed than the federal Bill of Rights

Key Sections

• Section 1: Freedom and sovereignty of the state
  • Texas is free and independent, subject only to the U.S. Constitution
  • Emphasizes local self-government
• Section 2: Republican form of government
  • Political power is inherent in the people
  • Rights to alter, reform, or abolish government
• Section 3a: Equality under the law
  • Added in 1972
  • Cannot be denied based on sex, race, color, creed, or national origin
• Section 4: Religious test
  • No religious test for public office, but must acknowledge a supreme being (unconstitutional under U.S. Constitution)
• Section 6: Freedom of worship
  • Right to worship freely without compulsion or legal preference
• Section 23: Right to bear arms
  • Clearer than the Second Amendment of the U.S. Constitution
  • Legislators can regulate arms to prevent crime

Article 2: Powers and Structure of Government

• Establishes three branches of government
• Stronger separation of powers and checks and balances than the U.S. Constitution

Article 3: Legislative Department

• Longest article, focuses on legislature
• Limits power of the legislature
• Sets number of senate and house members

Article 4: Executive Department

• Plural executive to prevent powerful governors
• Weakens the governor's influence over other state office holders

Article 5: Judicial Department

• Unique dual supreme court system for civil and criminal matters

Article 6: Suffrage

• Discusses voter eligibility and election process

Article 7: Education

• Mandates efficient public school system
• Establishment of University of Texas and Texas A&M

Articles 8-14: Various Issues

• Article 8: Taxation and revenue
• Article 9 & 11: Local government
• Articles 10, 12, 13, 14: Revised or repealed topics like railroads, corporations, and land titles

Article 15: Impeachment

• Process for removing public officials

Article 16: General Provisions

• Catch-all article covering various issues

Article 17: Amending the Constitution

• Amendments must be approved by Texas voters

Conclusion

• Current Constitution is complex, outdated, and inflexible
• Attempts to rewrite have failed due to political and special interest reasons
• Urgent need for a new Constitution to address modern issues
• Next topic: Texas-Federal Government relationship