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CHAPTER 27 The Texas Constitution
CHAPTER 28 Three Levels of Texas Government
CHAPTER 29 Texas Citizens, Texas Leaders
THE GOVERNMENT
OF TEXAS
556 ✯ Unit 8
1825 1850 1875 1900
UNITED STATES
WORLD
TEXAS
1869 Reconstruction Constitution is written
1861 Texas secedes and writes Confederate Constitution
1836 Republic of Texas adopts Constitution of 1836 1845 New state of Texas adopts Constitution of 1845
1865 Thirteenth Amendment abolishes slavery
1870 Fifteenth Amendment guarantees voting rights to African Americans
1862 Mexicans defeat French forces on May 5
1902 Texas establishes a poll tax
Texas state seal
1848 Seneca Falls convention calls for women’s rights
1824 Constitution of 1824 governs Texas^1876 Constitution of 1876 is adopted
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The Government of Texas ✯ 557
Lawrence Ludtke, Tribute to Texas Children, Texas State Capitol
1925 1950 1975 2000
1918 Texas women win right to vote in primaries
1950 U.S. Supreme Court orders integration of Texas law schools 1966 Texas constitution is amended to outlaw poll tax
1989 Texas Supreme Court orders more equal school funding
1920 Nineteenth Amendment gives women the right to vote
1964 Civil Rights Act makes discrimination illegal
1917 Russians revolt and defeat czar (emperor)
1948 United Nations adopts Universal Declaration of Human Rights
1957 U.S. Supreme Court orders end of school segregation
1974 Effort to write new constitution fails
1997 South Africa establishes a nonracial constitution 1993 Treaty establishing European Union is ratified
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The Texas Constitution ✯ 559
Before You Read Have you ever thought about what your life would be like if we did not have a constitution? Perhaps you have experienced a situation where one person took over and made all the decisions without listening to anyone else’s opinion. A constitution is a written agree- ment that guarantees that no single person or group makes all the decisions. Because a constitu- tion is difficult to change, govern- ment stays consistent over time. Think about
- ways that you make your voice heard
- the rights that you expect
- whether rules should change over time
- who should have the power to change them
As You Read Two documents outline how the Texas government should run and the rights and responsibilities of Texas citizens: the U.S. Constitution and the Texas Constitution. They work together to provide a set of rules for the governor, state legislators, and judges to follow when making decisions affecting Texas citizens. Completing this graphic organizer for Chapter 27 will help you to under- stand the similarities and differences between the two constitutions.
- Copy the Venn diagram in your Texas Notebook.
- On a separate sheet of paper, take notes on the U.S. Constitution and the Texas Constitution.
- Write similarities of the two documents in the overlapping area of the circles.
- Write differences between the documents in the areas where the circles do not overlap.
Organizing Information U.S. Constitution
Texas Constitution
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The History of the
Texas Constitution
1
The History of the
Texas Constitution
Why It Matters Now The Texas Constitution is the foundation on which all our state laws and court decisions are based.
TERMS & NAMES OBJECTIVES MAIN IDEA
1. Identify how the Texas Constitution reflects the principle of federalism. 2. Identify how the Texas Constitution reflects the principle of separation of powers. 3. Identify how the Texas Constitution reflects the principle of checks and balances.
Texas is part of a federal system, so the national government has the most authority. However, Texans also must follow the laws set forth in the Texas Constitution.
Imagine that you are one of the delegates who has been asked to write a constitution for the state of Texas. Your document will be used to set up a system of state government, create state laws, and establish the rights and responsibilities of Texas citizens. What might you want to include in your constitution?
Rules for the Government
Countries and states have constitutions. These documents set forth
the responsibilities of the governments and place limits on the govern-
ments’ powers. A constitution spells out what a government must do,
what it may do, and what it cannot do. It may explain the responsibilities
of several levels of government. For instance, a state constitution may
establish rules for counties and cities.
In the United States the national Constitution specifies the powers of
the federal government and leaves all other powers to the states or to the
people. Individual state constitutions tell how each state government is
to be run. However, they must also follow the law of the land—the
Constitution of the United States.
Texas’s First Constitution
Because of its history, Texas has had several
constitutions. The first was the Mexican Con-
stitution, adopted in 1824 while Texas was still
part of Mexico. That document combined the
two Spanish provinces of Texas and Coahuila
into a single state, Coahuila y Tejas.
Write your response to Interact with History in your Texas Notebook.
WHAT Would You Do?
constitution, community prop- erty, bicameral, three branches of government, legislative branch, executive branch, judicial branch, checks and balances, federalism, homestead, Constitutional Convention of 1875
560 ✯ Chapter 27
W ho designed the first Lone Star flag? Some believe it was Joanna Troutman of Georgia. Troutman’s flag displayed a blue, five-pointed star on a white background with the words “Liberty or Death” on one side. On the other side were the words “Where liberty dwells there is my country” in Latin. Troutman’s flag was first car- ried by Georgia troops who went to the aid of Texas in 1835.
THE BETSY ROSS OF TEXAS
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Three Branches of State Government
Texas’s Constitution of 1836 also created three separate branches of
government: legislative, executive, and judicial. Each branch had its own
responsibilities. This division of government was known as a separation
of powers. Under this system the legislative branch made the laws and set
the budget. The executive branch enforced the laws. It also recommended
people for government posts, which the legislature could approve or deny.
The president, as head of the executive branch, could veto laws passed by
the legislature. The judicial branch interpreted the laws and ran the courts.
The three branches of government were structured to be a system of
checks and balances. This kept any one branch from having too much
power. For example, the president could veto laws, but the legislature
could override the veto with a two-thirds majority. The president could
appoint people to some posts, but the legislature had to approve each
appointment. The judicial system could decide whether the other two
branches had acted within the law. Judges, in turn, could be impeached,
or removed from office, by the legislature for behaving irresponsibly or
breaking the law.
Today, Texas’s chief executive is a governor rather than a president.
However, the separation of powers and system of checks and balances
established in 1836 still exist in the Texas Constitution.
Constitutions of 1845, 1861, 1866, and 1869
Two things happened when Texas joined the United States. First,
Texans became subject to the Constitution of the United States, which
is based on federalism. Second, Texans had to write a state constitution
before the state could be admitted to the Union. The result was the
Constitution of 1845. It guaranteed property rights for married women
and set up a permanent school fund. It also protected private homesteads
from being taken in order to pay debts. These provisions are still in our
constitution. Certain other provisions no longer remain, however, such
as the right to own slaves.
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Not everyone was happy with the Texas Constitution of 1836. Greenbury Logan had worked as a blacksmith in Austin’s colony until he lost his arm in the Texas Revolution. Like all other free African Americans, he was required by the Consti- tution of 1836 to petition the Texas Congress to be allowed to remain in the Republic. Although 23 well-known Texans signed his petition, he com- plained that the Constitution of 1836 deprived him of “every privilege dear to a freeman” and gave him “no vote or say in any way.” ●^ Why do you think some Texans were concerned about having free African Americans in the state?
Greenbury Logan
federalism system in which
a central (or federal) govern-
ment shares power with state
governments
homestead a person’s primary
home
BRANCHES OF STATE GOVERNMENT
State Government
Legislative Executive Judicial
Makes the Laws Enforces the Laws Interprets the Laws
Governor, Executive Officers and Agencies
House Senate Court System
The Texas government is made up of three branches, each with a separate set of powers and responsibilities. ●^ To which branch of state government do your state representatives belong?
▲
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When the Civil War broke out, Texas seceded from the Union. As a
result, the state constitution had to be rewritten. The Constitution of
1861 was very similar to the Constitution of 1845. However, it further
protected slavery and made setting slaves free against the law.
The end of the Civil War required Texans to write still another
constitution so that Texas could rejoin the United States. The
Constitution of 1866 was in effect for less than three years before the
Reconstruction government rewrote it.
The Constitution of 1869 gave the governor a great deal of power,
including the power to appoint people to fill empty city, county, and
district offices. The governor also could appoint judges, but they had to
be approved by the state legislature. The Constitution of 1869 pleased
the Reconstruction government. However, most Texans disliked it. By
1874 state government was back in the hands of Texans. They decided
to write a new state constitution.
Writing a New Constitution for Texas
To draft their new constitution, Texans held the Constitutional
Convention of 1875. Of the 90 members of the Convention, only four
had been born in Texas, while 19 were from Tennessee. Several had
served in the legislatures of their home states, and a few had served in
the U.S. Congress or the Confederate Congress. Texas was a rural state,
so most of the men who helped write the new constitution were farmers.
No women participated in the Constitutional Convention because they
were not yet allowed to vote. The constitution that was written and
adopted by Texans in 1876 is still in effect today.
The Texas Constitution ✯ 563
Ten African American dele- gates to the Constitutional Convention of 1868–69 helped write a constitution that pro- tected their civil rights. Only six African Americans were elected to the Constitutional Con- vention of 1875. This means that fewer than 7 percent of the 90 delegates elected to the Convention were African American. ●^ Why was it impor- tant for minorities to partici- pate in framing the Texas Constitution?
African American Delegates
Terms & Names
Identify:
- constitution
- community property
- bicameral
- three branches of government
- checks and balances
- federalism
- homestead
- Constitutional Convention of 1875
Organizing Information
Use a diagram like the one below to show the three branches of government set up by the Texas Constitu- tion. In each circle, write the responsibilities of that branch.
Then, beside the arrows, write how the branches act as checks and balances for each other. How might you show the relationship of the federal government to the three branches of state government in this diagram?
Critical Thinking
1. How does the Texas Constitution reflect the principle of federalism? 2. How did the framers of the Texas Constitution of 1836 ensure a separation of powers in state govern- ment? Be specific. 3. Why do you think the framers of the Texas Constitution wanted to establish a system of checks and balances?
Interact with History
Review your response to Interact with History in your Texas Notebook. Consider that you have never helped create a constitution before. Will you use a model of some kind as a guide? If so, what model will you follow? Why?
A C T I V I T Y
Government
As a class, discuss how “Rock, Paper, Scissors” is similar to and different from the system of checks and balances. How might you play a similar game called “The Three Branches of Government”?
1
Executive
Legislative Judicial
TEXAS GOVERNMENT
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The Texas Constitution ✯ 565
Learning
About the Authors The delegates to the Constitutional Convention of 1875 came from opposing political parties and different backgrounds. Seventy-five members were Democrats; 15 were Republicans. One member had helped write the Constitution of 1845, eight had been members of the Secession Convention of 1861, and one had attended the Constitutional Convention of 1866. About 40 were members of an agricultural organization called the Grange. Several had been officers in the Confederate army, and three had served in the U.S. Army.
Reading
the Literature Before you begin reading, read the headings in the excerpt. Notice how the document is organized. Predict what you will read about. As you read, look for a pattern.
Thinking
About the Literature Why do you think it was im- portant to include Article 2 in the constitution?
Writing
About the Literature In your Texas Notebook, create a chart to compare the requirements for the state offices of senator, rep- resentative, and governor. Then write a paragraph discussing what they have in common.
PRIMARY SOURCE HISTORICAL DOCUMENT
of this State, and shall have been a resident of this State two years next preceding his election, the last year thereof a resident of the district for which he shall be chosen, and shall have attained the age of twenty-one years.... (Amended Nov. 2, 1999.) Article 4 Executive Department Section 1 The Executive Department of the State shall consist of a Governor, who shall be the Chief Executive Officer of the State, a Lieutenant Governor, Secretary of State, Comptroller of Public Accounts, Commissioner of the General Land Office, and Attorney General. (Amended Nov. 7, 1995.) Section 2 All the above officers of the Executive Department (except Secretary of State) shall be elected by the qualified voters of the State at the time and places of election for members of the Legislature.... Section 4 The Governor elected at the general election in 1974, and thereafter, shall be installed on the first Tuesday after the organization of the Legislature, or as soon thereafter as practicable, and shall hold his office for the term of four years, or until his successor shall be duly installed. He shall be at least thirty years of age, a citizen of the United States, and shall have resided in this State at least five years immediately preceding his election.... (Amended Nov. 7, 1972.) Section 7 He shall be Commander-in-Chief of the military forces of the State, except when they are called into actual service of the United States. He shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and to repel invasions. (Amended Nov. 2, 1999.) Article 5 Judicial Department Section 1 The judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided by law.... (Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.) Section 10 In the trial of all causes in the District Courts, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury....
Signatures on Constitution of 1876
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Comparing Information
LEARNING the Skill Comparing information means look- ing for the similarities between two things or ideas. For example, you might read that the state of Texas covers a large area. However, you would have a better idea of the size of the state if you were to read that Texas is as large as New York, Penn- sylvania, Ohio, Illinois, and all the New England states combined. By comparing the size of the state of Texas with the sizes of other states, you have a picture of just how much area Texas covers. To understand why a historical event took place, it is helpful to compare it with other events. Historians often compare ideas, people, and places. However, not all comparisons are directly stated. In such cases, it is important for you to know how to compare information.
To compare information, use the following steps:
- Identify the purpose of your comparison. What question do you want to answer?
- Determine the characteristics that you want to compare.
- For each characteristic, note the similarities between the items you are comparing.
- On the basis of the similarities that you identified, draw conclusions about the two items that you are comparing.
- Use these conclusions to answer your initial question.
570 ✯ Chapter 27
PRACTICING the Skill Read the following excerpt from Section 2, Comparing Two Constitutions. Use the steps in Learning the Skill and the questions that follow to compare the functions of the U.S. and Texas Constitutions.
Two constitutions control the government of Texas. Under federalism, the Constitution of the United States tells what powers belong to the federal government and what powers are given to individual states. It sets out the structure of the federal government and details the limits of power for both the federal and state governments. The Texas Constitution defines the role of our state government and lays out the rights and responsibilities of Texas citizens. The Texas Constitution is the highest law of our state. It is subject only to the Constitution of the United States and federal laws.
1. What is the purpose of your comparison? 2. What similarities exist between the functions of the U.S. and Texas Constitutions? 3. Which document holds more authority over the Texas government?
APPLYING the Skill Review Sections 1 and 2 of Chapter 27. Note the provisions of the Constitutions of 1836, 1845, and 1876 discussed in these sections. Create a chart that summarizes the similarities between these three Texas Constitutions. What conclusions can you draw from these similarities?
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In the early 1900s, lawyer Hortense Sparks Ward of Matagorda County became the first woman to prac- tice law in Texas. She used her knowledge of the legal code to fight for women’s rights legislation. In 1918, as president of the Houston Equal Suffrage Association, Ward be- came the first woman in Harris County to register to vote. About 386, more women registered to vote in just over two weeks’ time. ● (^) How do you think having a woman fighting for women’s rights helped the cause?
Hortense Sparks Ward
572 ✯ Chapter 27
The U.S. Constitution does not always clearly state the full extent of a
citizen’s rights or freedoms. The Supreme Court has determined that these
guarantees, though not stated, are implied. Often the wording of the U.S.
Constitution is fairly general. This fact has created a lot of work for the
Supreme Court, which has to decide what the framers of the Constitution
really meant. The wording of the Texas Constitution, in contrast, is quite
specific in many places. Because of this detailed language, Texans have had
to make changes to their constitution hundreds of times.
A Question of Equal Rights
Sometimes the U.S. Constitution has to be changed as well.
For example, the U.S. Bill of Rights does not guarantee equal
rights for all people. The framers of the U.S. Constitution did
not promise such rights because they would have been opposed
by people in slave states in 1787.
Since that time, lawmakers have worked to ensure equal
rights for all. The Thirteenth, Fourteenth, Fifteenth, and
Nineteenth Amendments guaranteed freedom, voting rights,
and equal protection under the law to women and minorities.
No amendment, however, has outlawed bias on the basis of
gender. An amendment that would have guaranteed equal rights
for women was passed by Congress in 1972. However, it was not
ratified by three-fourths of the states, as required by law.
Similarly, rights guaranteed in the Texas Constitution first applied only
to “free men.” In 1971 the document was changed to give rights to all
people. Now it states, “Equality under the law shall not be denied or
abridged because of sex, race, color, creed, or national origin.”
COMPARISON OF U.S. AND TEXAS BILLS OF RIGHTS
TEXAS BILL OF RIGHTS
SECTION OF ARTICLE 1
U.S. BILL OF RIGHTS
AMENDMENT
- Freedom of speech, religion, the press, and politics
- Right to bear arms
- Forced housing of troops in private homes
- Search and seizure
- Rights of the accused
- Right to a speedy, public trial
- Trial by jury in civil cases
- Limits on fines and punishments
- Rights of the people
- Powers of the states and people
- Bills of attainder; retroactive laws; contracts
- Property for public use; immunities; control of priviledges and franchises
- Imprisonment for debt
- Depriving of basic rights; due course of law
- Outlawry or transportation for offense
- Corruption of blood; forteiture; suicides
- Treason
- Right to keep and bear arms
- Military subordinate to civil authority
- Quartering soldiers
- Perpetuities and monopolies
- Right of assembly; petitions
- Suspension of laws
- Bill of Rights forever inviolate
- Rights of crime victims
- Compensation of crime victims
- Freedom and independence
- Republican form of government
- Equal rights 3a. Equality under the law
- Religious tests
- Witnesses and their religious beliefs
- Freedom of worship
- Appropriations for religious purposes
- Freedom of speech and the press; libel
- Searches and seizures
- Rights of the accused
- Bail
- Habeas corpus (right to a court hearing)
- Limits on bail, fines, and punishments
- Double jeopardy (cannot be tried twice)
- Right of trial by jury 15a. Commitment of persons of unsound mind
Although the Texas Bill of Rights is based on the U.S. Bill of Rights, it is much more detailed in its descriptions of the rights of Texas’s citizens. ●^ Why do you think some of the rights and free- doms in these two documents are the same?
▲
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The Texas Constitution ✯ 573
W hy not solve the problems of the Texas Constitution by writing a new document with more general wording? In 1973 a constitutional revision commission drafted a new constitution. The 63rd legis- lature met as a Constitutional Convention in 1974 but could not agree on a new document. In 1999 Senator Bill Ratliff and Representative Rob Junell proposed a revision, but it too failed. Until Texans can agree on a rewritten document, the 1876 version will remain in effect.
A NEW TEXAS CONSTITUTION
Terms & Names
Identify:
- amendment
- Bill of Rights
- equal rights
- rule by the people
Do you think the Texas legislature generally supports or opposes changing the state constitution? Explain.
Critical Thinking
1. How is the Bill of Rights of the Texas Constitution similar to and different from the Bill of Rights of the U.S. Constitution? 2. How does the Texas Constitution reflect individual rights?
Organizing Information
Use a flowchart like the one shown to list the steps involved in adding an amendment to the Texas state constitution.
3. How did the framers of the Texas Constitution try to ensure that the people’s will would be followed in Texas?
Interact with History
At some point in the future, someone will attempt to change your constitution. Will you make it difficult or easy to change the constitution? Why?
A C T I V I T Y
Citizenship
In a brief essay, describe the importance of free speech and free press in a democratic society such as Texas and the United States.
3
TEXAS VOICES
Changing the Constitution
The U.S. Constitution uses very general language to direct the oper-
ation of our government. It has been amended only 27 times in more
than 200 years. In contrast, the Texas Constitution has been amended
nearly 400 times since it was adopted in 1876.
A proposal to change our state constitution must first be presented to
the state legislature. Then both houses of the legislature must approve the
amendment by at least a two-thirds majority. Finally, the new amendment
must be approved by a majority of Texas voters. Changing the constitution
over and over again leads to many costly and time-consuming votes. Also,
amendments have made the Texas Constitution very long and confusing,
even to lawyers and state officials.
In my opinion, the Constitution is almost impossible to read and grasp a full and understandable meaning. Most attorneys can’t follow it closely nor can members of the legislature. Laypersons are left generally without a clue. John T. Montford, former Texas senator from Lubbock
Why was the Texas Constitution written this way? The men who wrote
it wanted the people to decide how government was to be run. They
wanted the people to be able to vote on new laws, tax increases, and nearly
every other aspect of government. This is the principle of rule by the
people. Almost 400 amendments later, Texans have proven that they will
continue to use their power to change their government—and their
constitution—to serve them better.
Person or group wants to change the Texas Constitution
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The Texas Constitution ✯ 575
MAP & GEOGRAPHY SKILLS
Applying Skills
Locate your county on the map below. Then answer the
questions that follow, researching answers as needed.
1. Who are your state senators? What party or parties do they represent? 2. What are the names of your state representatives? What party or parties do they represent? 3. How far do your appointed state officials travel to work in our state capital? What issues does distance create in a state as large as ours?
SOCIAL STUDIES SKILLBUILDER
Comparing Information
Reread Section 3, The Rights of Texas Citizens. Next, copy the chart below. Then compare the U.S. and Texas Bills of Rights by placing a check mark in the appropriate column to indicate whether each docu- ment guarantees the rights listed. Then answer the questions that follow.
1. What is the purpose of your comparison? What question are you trying to answer? 2. What similarities exist between the U.S. and Texas Bills of Rights? 3. What conclusions can you draw about the similari- ties between the Bills of Rights?
CHAPTER PROJECT
U.S. Powers vs. Texas Powers Texas is part
of a federal system. This means that the U.S. govern- ment has certain powers and the state government has other powers. Some powers, such as the right to collect taxes, are shared by both levels of government. Draw a Venn diagram in your Texas Notebook. Label one circle U.S. Powers. Label the other circle Texas Powers. Then label the overlapping portion of the circles Shared Powers. Research and list political powers appropriate to all three sections of the diagram. Review your findings as a class and, on graph paper, make any necessary changes to a class Venn diagram. Display the class Venn diagram while studying this unit.
SCIENCE, TECHNOLOGY & SOCIETY ACTIVITY
Meeting of the Minds Because Texas is
such a large state, some state legislators must travel hundreds of miles to participate in legislative sessions. Teleconferencing might solve some of these problems, but it also might create others. As a class, meet in the center of the classroom and discuss a current events topic related to Texas. After five minutes, break up into four groups, one group located in each corner of the classroom and facing the wall. Simulate telecon- ferencing between groups by talking across the room. Which of the two practices do you think is more useful for the state legislature? Why? Create a list of rules that will make communication easier for each method.
CITIZENSHIP ACTIVITY
Simplifying the Bill of Rights Many Texans
find the language of the Texas Constitution complex and difficult to read. Rewrite a section of Article 1, the Bill of Rights, in your own words. As a class, compile all individual students’ sections into an “Easy-to-Read Texas Bill of Rights” and publish it using word processing or desktop publishing software. Put a copy of the document in your school library.
IC S NE CE
- TE
CHNOLOGY• SO IEC YT
Austin
0 200 Miles 0 300 Kilometers
N
BILL OF RIGHTS RELIGIOUS FREEDOM EQUAL RIGHTS
United States
Texas
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