Texas Constitution, Research Paper Example

Introduction

Succinctly stated, a constitution is a document that explains the overall mission of an organization and how it does business. Each state forming the United States has a state constitution that establishes its operations and singular purposes. In sharp contrast to the Constitution of the United States as a whole, state constitutions are lengthier and go into much more specificity about matters and measures.

When any state, organization, club, or group pencils in a constitution, the idea behind it is the same. At its best, a constitution is an imperfect document. A constitution provides a starting place from which a body can agree and move forward into an uncertain future. It is impossible to forecast all future needs. When issues surface that produce changes in original thinking or elicit new needs, constitutions typically fulfill their necessity to be living documents by undergoing revisions, or amendments.

This paper focuses directly on the State Constitution of Texas (The

History of the Constitution of Texas), a document that is 134 years old, approximately 68,000 words in length, and been amended more than 400 times (Andrade, 2009).

Former Texas Constitutional Documents

In order to understand the current Texas Constitution, the constitutions that predated it should receive at least cursory inspection.

The current Constitution, adopted in 1876, is the fifth such document of its kind for the state. The other constitutions, enacted in 1833, 1836, 1866, and 1869, were strong reactions to Texas’ growing pains. This number does not include Texas’ Constitution as Republic in 1836 or its Constitution of Succession in 1861.  As an example of the vastness of the land region of Texas and its reliable penchant toward being stubbornly independent, there was even a Constitution drawn up for West Texas in 1868.

Over the years, 206 new sections have been added, while 66 of the original sections and 49 of the added sections have been removed, so that the Texas Constitution today has 380 sections (Facts at a Glance). Since 1876, the legislature has proposed 635 constitutional amendments, and 632 have gone before Texas voters. Of the amendments on the ballot, the electorate has approved 456 and 176 have been defeated.

Since 1876, there have been from one (1879; 1899; 1901; 1978; 1986; 1990) to 28 (1987) proposed amendments in years when there have been proposed amendments. There have been 69 years when amendments have been on the ballot. Texas ranks third in number of amendments- each amendment adds thousands of words (Texas Legislative Council).

The Texas Constitution of 1876

A Constitutional Convention convened as the time of Reconstruction occupation was ending. The resulting Constitution was a reaction to a general distrust of government and showed a bitterness that emerged from the time of the Civil War. Now considered confusing and disorganized among all state constitutions, the Texas Constitution now stands as the chief legal document of the state. Attempts at replacing the document with a new one have been as recent as 1974 but have produced no new document. (Texas State Library & Archives Commission).

The Texas Constitution

Critics of the Texas Constitution cannot say that it is the longest one of its kind in the nation when, in fact, it is only the second longest. Alabama’s 175,000-word document is the most cumbersome of the states and has been vilified as a “drag anchor of programs and permanent cloaks of the protection of special interests” (McCoy, 1996, 1).  A brief inspection of the current document’s parts reveals a few clues about its function and a small insight into several of its idiosyncrasies.

Its Preamble is a brief prayer that reads, “Humble invoking the blessing of Almighty God, the people of the State of Texas do ordain and establish this constitution” (Constitution).

Article I contains its Bill of Rights section. These refer to the scope of state government and ensure certain rights of Texas citizens. One of the most interesting features of this Article is its religious test for those who hold public office. This test, an acknowledgement of a supreme being, is in conflict with the

United States Constitution, a document that keeps states away from the establishment of any religion. If challenged, this religious test would not prevail, in all likelihood, in a court of law. “Unfortunately, the clauses retain great symbolic value. Decades or centuries later, they lend legitimacy to the expression of hatred and mistrust towards some religious minorities” (Current, 2009).

Another contemporary feature of Article I is the prohibition of state recognition of same-sex unions, this having been added in 2005. This is found in section 32 of the article. This amendment says that marriage will be defined as a contract between one person of each sex. It goes on to say, “This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage” (Marriage Watch, 2009). Some believe that in an attempt to thwart same sex unions, Texans may have inadvertently made all marriages illegal.

The next few articles deal with governmental power. Article II separates the powers of the government. Article III gives legislative authority to the state House of Representatives and state Senate. Article IV describes state offices that are considered to be executive in nature, such as the offices of the governor and the lieutenant governor. An interesting part of this Article is that it specifically states that the Lieutenant Governor assumes all responsibilities of the office of Governor whenever the Governor travels beyond the boundary of the state. Article V sets up the state system of courts.

Article VI denies voting rights to specific classes of people such as convicted felons, children under the legal age, and those who have been deemed mentally unstable by a court of law.

Article VII gives the mandate for the establishment of the University of Texas and Texas Agricultural and Mechanical College (A&M) and for the maintenance of a system of public schooling.

Article VIII restricts the state from commanding certain taxes. For example, there is a constitutional ban on the imposition of a statewide property tax. In addition, there is no personal income tax in Texas, according to the Constitution.

Article IX addresses how counties in Texas are created and set up for local operations. It also talks about district hospitals, airports, and mental health concerns.

Article X is the railroad article. It defines railway as a public highway and a rail line as a common carrier.

Article I and Article XII refer to corporations, municipal and private, respectively. Counties are considered political units of the state as a whole. As such, they have the power to perform certain functions, such as education, as agents for the state.  Private businesses may only operate under general laws. They may not operate because of special laws.

Article XIII, a section about land titles resulting from disputes with Mexico, was repealed altogether in 1969.

Article XIV is about public land. Most of this was repealed when the previous was erased from the books.

Article XV talks about impeachment and gives this power to the state House of Representatives.

Article XVI is really a miscellaneous section that catches things that do not fit neatly under other sections. Some of the interesting features of this section include the fact that Texas is considered a community property state (see Section 15). In a community property state, marital income is treated differently for tax purposes than it is in common law states. Texas is one of only nine states to be set up this way. Special circumstances are enumerated for the garnishment of wages (see Section 28). In an unusual and unexpected twist, the work of mechanics is protected by a constitutional lien (see Section 37).

This article determines that Texas does not have a constitutional provision that would make it a “right-to-work” state.

Article XVII, the final article, talks about how the state may go about making amendments to its Constitution. The process, broken down to its basic form, is that the Texas legislature, after receiving voter approval, can alter, or amend, the State Constitution. New amendments are added to the existing document by adding or deleting language called for in any amendment. This is not the way an amendment to the United States Constitution is processed. In the United States Constitution, each amendment is written out as an added amendment and given its own number.

Amendments

Most people would logically think that any state constitutional change would probably be concerned with something of great importance to the state as a whole. This is not always the case. There are frequent times when a constitutional modification is almost comical, because its intent is narrow, restrictive, or simply so out of date that it is inconceivable that the matter should be open for discussion. The following comments that address this issue give specific examples of this –Texas style:

In the 2003 special election, voters were asked about donating surplus fire equipment, in particular whether a constitutional amendment should be adopted to authorize municipalities to donate surplus fire-fighting equipment or supplies for the benefit of rural volunteer fire departments. Earlier amendments dealing with the subject apparently did not cover all instances of donating surplus fire equipment. In the 2007 election voters were asked about abolishing the office of inspector of hides and animals and exemption of judges from the mandatory state retirement age if they are already serving on the bench. Matters such as these might more easily and effectively be dealt with through legislative, executive, or even local administrative authority. But because the Texas Constitution addresses such policy details, only voters through a special statewide election can make needed changes.   (Texas Politics)

Recent Amendments

Hochberg reports the percentages by which each of these most recent 11 amendments passed (2009). Ranging from 55% to 81% margins.

All 11 of the amendments passed in November of 2009

Kemp (2009) offers insight as to what these amendments really mean. Below is a list of the 11 most recent amendments that voters approved in the November election of 2009. Here they are referred to by their ballot names, or Propositions.

Proposition I will allow localities to issue bonds to offer protection zones around military installations. Voters felt that this was a protection for both the military and its operations and the private citizens that live and work closely to those places.

Proposition II will require homes to be appraised based on their residential value. Voters were tired of escalating property value taxation in areas where commercial development is taking place.

Proposition III will allow for more uniform standards of property tax appraisals from one county to another. Voters believed that too many counties have too many variances in the way that they arrived at appraisal figures.

Proposition IV will create a new fund for university research. Voters obviously thought that this is a good way for the state supported universities of

Texas to compete for top tier professors and students and to remain competitive in a global economy.

Proposition V will more or less abolish local boards of equalization that resolve taxpayer and local appraisal opinions. Voters took the opinion that some rural counties might find it difficult to find local people who are qualified to serve on such boards.

Proposition VI will allow for the issuing and selling of bonds to Texas veterans at a discounted rate. Voters wanted veterans to receive preferential treatment because of their service to their country.

Proposition VII will make it possible for State National Guard members to be a part of the Guard and hold public office at the same time. Voters felt that by approving this proposition, they would be acknowledging the way that things are now.

Proposition VIII will make continued efforts of providing for veterans who reside in health care facilities and undergo frequent hospitals. Voters realized that Texas has the third highest number of veterans in the nation and that their proper care is essential for state concern and practice.

Proposition IX will allow for greater public access to the beaches of Texas. Voters wanted to give constitutional strength to an act that was adopted some fifty years ago for this purpose.

Proposition X will create longer terms for emergency service board members. Voters reasoned that these Boards of Equalization could become more stable and have the possibility of fewer turnovers. They also wished some of the political maneuvering out of the job.

Proposition XI will add power to the state’s current view of eminent domain,” a term that denotes that the government can step in and pay a property owner fair compensation for taking land for developmental purposes. Voters wanted to make it more difficult for the state to encroach on private property in Texas.

Conclusions

It should be obvious to all Texans that this Constitution is a dinosaur. It ceased to be helpful a long time ago. The newest Constitution in the land, Georgia (1983) is proof that a state can get it best legal minds together and confer with lawmakers to suggest a fresh start and a new beginning.

The trouble with the Constitution of 1876 is that it gives Texans a link with the territorial spirit that is still so pervasive in Texas –the feeling that somehow Texans are different, special, and superior to all other places that Americans could call home. Apparently, most Texans feel that scrapping the whole thing would be a slap in the face to the framers who did so in the spirit of the Republic.

In the meantime, while 21^st century state issues come down the pike, Texas will lumber along with its antiquated constitution leading it toward a complicated, difficult legislative future.

Works Cited

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Andrade, Hope. “Secretary Andrade Draws Out November 3 Ballot Order.” Texas Secretary of State Hope Andrade, Press Release, July 28 (2009): 1. Retrieved February 26, 2010 from <http://www.sos.state.tx.us/about/newsreleases/2009/072809.shtml>

“Atheist Outrage in Arkansas” Current. Web. 26 Feb. 2010 <http://current.com/items/89829467_atheist-outrage-in-arkansas.htm>.

“Constitution.” Texas Police Central. Web. 26 Feb 2010 <http://www.texaspolicecentral.com/constitution.html>.

Corley, Matt. “Texas Gay Marriage Ban May Have Outlawed All Marriages in Texas.”

“Facts at a Glance.” State Constitutions: Texas Politics. Web 26 Feb 2010 <http://www.tlc.state.tx.us/pubsconamend/constamend1876.pdf>.

Hochberg, Scott. “Dear Neighbor.” State Representative Web Site, 3 November 2009): 1. Retrieved February 25, 2010 from <http://scotthochberg.com/a,emds.html>

Kemp, Jake. “Voters Guide: Proposed Amendments to the Texas Constitution for the November 3 Election.” Pegasus News, October 27 (2009). Retrieved       February 26, 2010 from <http://www.pegasusnews.com/news/2009/oct/27/voters-guide-proposed-amendments-texas-constitutio/>

McCoy, Janet. “The Case for a New Alabama Constitution.” Auburn University   News, 12 February (1996): 1. Retrieved February 25, 2010 from <http://www.auburn.edu/administration/univrel/news/archive/2_96news/2_96constitution.html>

Religious Tolerance. “Religious Discrimination in State Constitutions.” Ontario Consultants on Religious Tolerance 15 Dec (2009). Retrieved February 26, 2010 from <http://www.religioustolerance.org/texas3.htm>

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“The Marriage Law Project at the Catholic University of America.” Marriage Watch. Web. 26 Feb. 2010 <http://marriagelaw.cua.edu/Law/states/TX.cfm>.