Isabella Carter
The Texas Constitution of 1876 is the document that establishes the structure and function of the Texas government and outlines the basic rights of its citizens. It is the seventh constitution in Texas history and is one of the longest and most amended state constitutions in the US. The constitution outlines the powers and duties of the executive branch, which includes the Governor, Lieutenant Governor, Secretary of State, Comptroller, Commissioner of the General Land Office, and Attorney General. The Governor, as the Chief Executive Officer of the State, has various responsibilities, including executing the laws of the state, granting reprieves and pardons, and making appointments. The constitution also imposes restrictions on the governor's power, such as prohibiting them from holding any other office during their tenure. Amendments to the constitution over time have addressed emerging state needs and relieved some of the burdens on the governor's office.
| Characteristics | Values |
|---|---|
| Date of adoption | February 15, 1876 |
| Position of Governor | Chief Executive Officer of the State |
| Powers of the Governor | Commander-in-Chief of the military forces of the State; power to call forth the militia; convene the Legislature on special/extraordinary occasions; execute the laws of the State; fill up vacancies; make appointments; cause the laws to be faithfully executed |
| Governor's control over local or other elected state officials | No control |
| Qualifications of the Governor | At least thirty years of age; a citizen of the United States; resided in Texas for at least five years preceding election |
| Restrictions on the Governor | Prohibited from holding any other office (civil, military, or corporate) during tenure; cannot practice or receive compensation for any profession |
| Lieutenant Governor | Assumes the power of Governor when the Governor travels outside the state or is subject to impeachment |
| Secretary of State | Appointed by the Governor with the advice and consent of the Senate; keeper of the Seal of the State |
| Attorney General | Represents the State in all suits and pleas in the Supreme Court of the State; inquires into the charter rights of private corporations; takes action to prevent any private corporation from exercising any power or demanding/collecting taxes, tolls, etc., not authorized by law; provides legal advice to the Governor and other executive officers when requested |
| Judicial procedures | Provisions for a supreme court, court of appeals, district courts, county courts, commissioners' courts, and justices of the peace; all judges to be elected by popular vote with specified term lengths |
| Legislative powers | Prohibited from encroaching on the powers of the executive branch |
| Legislative action on executive branch | Texas Agriculture Commissioner is directly elected due to legislative action, not a Constitutional requirement |
| Amendments | The 1876 Constitution has been amended over 500 times, addressing emerging state needs, public education, the state's financial system, suffrage requirements, and more |
| Federal precedent | Section 4, prohibiting religious tests for public officeholders while requiring acknowledgment of a Supreme Being, may be legally vulnerable under federal precedent |
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What You'll Learn
The governor's powers and duties
The Texas Constitution, which was adopted in 1876, outlines the duties and powers of the governor, who is the head of the executive branch of the state government. The governor's powers and duties are designed to be diluted by other elected officials within the executive branch, reflecting a deep-rooted mistrust of government power.
One of the primary duties of the governor is to ensure the enforcement of state laws. The governor is also responsible for making policy recommendations to the state legislature, which can be introduced as bills. The governor has the power to approve or veto these bills, although this is subject to being overridden by a two-thirds vote of both houses of the legislature.
The governor serves as the commander-in-chief of the Texas Military Forces, including the National Guard, and has the authority to call forth the militia to execute state laws, suppress insurrections, repel invasions, and protect the state's frontiers. The governor can also convene special sessions of the legislature and declare special elections to fill vacancies in certain elected offices.
Additionally, the governor is responsible for appointing the Secretary of State and the heads of many other departments and commissions, although these appointments require Texas Senate approval. The governor also appoints Texans to various advisory bodies and task forces that assist in specific issues.
In criminal cases, the governor has the power to grant reprieves, commutations of punishment, and pardons, except in cases of treason and impeachment. The governor is also responsible for estimating the amounts of money required to be raised by taxation, accounting for all public monies, and recommending a biennial state budget.
The governor of Texas is directly elected by registered voters and serves a four-year term, with no term limits. To qualify for the position, one must be at least thirty years old, a US citizen, and a resident of Texas for at least five years before the election.
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The role of the lieutenant governor
The Texas Constitution, which was first established in 1845, outlines the structure and function of the state's government and the basic rights of its citizens. The current version was adopted on February 15, 1876, and has been amended over 500 times. It reflects a deep mistrust of government power and imposes limitations on state authority, including the executive branch.
The Lieutenant Governor of Texas is the second-highest executive office in the state government and one of the most powerful figures in Texas politics. The Lieutenant Governor has significant influence over the Texas Senate and the budgeting process as a leader of the Legislative Budget Board. Unlike in other states, the Lieutenant Governor of Texas has substantial power beyond breaking ties in the Senate or serving in a ceremonial role.
The specific duties and powers of the Lieutenant Governor include:
- Establishing all special and standing committees of the Senate, appointing committee chairpersons, and assigning legislation to committees.
- Recognizing members during Senate debates and deciding all questions of parliamentary procedure.
- Serving as an ex officio member of several statutory bodies, including the Legislative Council, the Legislative Audit Committee, and the Legislative Redistricting Board, which have considerable influence over state programs, policies, and redistricting.
- Assuming the powers of the Governor when the Governor is out of the state, unable to discharge their duties, or subject to impeachment.
The Lieutenant Governor plays a crucial role in shaping the legislative agenda and influencing policy decisions, as seen during the tenures of Lieutenant Governors Bill Ratliff, Ben Barnes, and David Dewhurst. The position has been vacant several times, and in seven cases, the Lieutenant Governor has succeeded to the Governor's office.
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The secretary of state's responsibilities
The Texas Secretary of State is one of six officials named in the Texas Constitution, forming the Executive Department of the state. The Secretary is appointed by the Governor, with confirmation by the Senate, and serves at the pleasure of the Governor. The Secretary of State has the constitutional duty of keeping the Seal of the State and using it officially under the direction of the Governor. The Seal of the State is a star of five points, encircled by olive and live oak branches, and the words "The State of Texas". All commissions are signed by the Governor and attested by the Secretary of State.
The Secretary serves as Chief Election Officer for Texas, administering the Texas Election Code and assisting county election officials. The Elections Division also maintains voter registration records and educates future voters through Project V.O.T.E. (Voters of Tomorrow through Education), a curriculum taught to students K-12 throughout Texas. The Secretary also serves as the keeper of the state seal and attestor to the Governor's signature on official documents.
Additionally, the Secretary of State serves as the governor's lead liaison for Texas Border and Mexican Affairs and as the state's chief international protocol officer. In this capacity, the Secretary manages issues involving the Texas-Mexico border and Texas' relations with Mexico, and receives international dignitaries and delegations on behalf of the Governor and the State of Texas.
The Secretary of State also provides a repository for official, business, and commercial records required to be filed with the Office and publishes government rules and regulations.
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The attorney general's duties
The Texas Constitution, which establishes the structure and function of the government of the state of Texas, has been amended over 500 times since its ratification in 1876. It outlines the duties of the Attorney General, who is the state's top law enforcement officer and chief legal officer.
The Attorney General's Office has several key responsibilities, including:
- Defending the State of Texas and its laws by providing legal representation to the state, including state officers, state agencies, and institutions of higher education.
- Serving the children of Texas by enforcing child support laws, with the Child Support Division recognised as the most successful and cost-effective program in the nation.
- Securing justice for Texans by investigating and prosecuting criminal activities, including cyber-crimes such as child pornography, identity theft, and election fraud.
- Protecting Texans from waste, fraud, and abuse, including fighting federal overreach and challenging federal policies that impact the state, such as the EPA's "Waters of the United States" rule.
- Safeguarding the freedoms of Texans guaranteed by the United States and Texas constitutions, including religious freedom and school rights.
The Attorney General's Office has taken on additional roles over time, and Texas statutes contain nearly 2000 references to the Attorney General. While the Attorney General cannot offer legal advice or represent private individuals, they serve and protect the rights of all citizens of Texas through various agency divisions.
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The constitution's impact on the executive's control of the military
The Texas Constitution, adopted in 1876, establishes a plural executive system, with the Governor as the Chief Executive Officer of the State and the Commander-in-Chief of its military forces. This system was a reaction to the Reconstruction era and the belief that the Governor's office had become too powerful.
The Constitution outlines the Governor's powers regarding the military. As Commander-in-Chief, the Governor has the authority to call forth the militia to execute state laws, suppress insurrections, and repel invasions. This power is limited, however, when the military forces are called into actual service of the United States.
The Governor also has the ability to convene the Legislature on extraordinary occasions, such as when the state is under threat or in the event of a disease outbreak. Additionally, the Governor is responsible for providing information on the state's condition to the Legislature and recommending necessary measures.
The Texas Constitution also establishes the roles of other executive officers, such as the Lieutenant Governor, Secretary of State, and Attorney General, each with their own duties and responsibilities.
The impact of the Texas Constitution on the executive's control of the military is significant. By outlining the Governor's powers and duties, it ensures that the executive branch has direct control over the state's military forces during peacetime. However, this control is balanced by the Legislature's ability to override the Governor's decisions with a two-thirds majority vote.
Furthermore, the Constitution's emphasis on limiting government power and protecting citizens' rights may influence how the executive branch interprets and exercises its control over the military. The frequent amendments to the Constitution also reflect the dynamic nature of the state's governance and the need to adapt to changing circumstances.
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