Malcolm Rivera
The Texas Constitution has been amended over 500 times since 1876, with Texans voting on amendments every other year. The constitution is a lengthy document, with a unique history, and provisions that are distinctively Texan. It has been criticised for prioritising liberty over democracy, with the Texas Supreme Court stating that the constitution is about liberty's primacy. Texans have a direct role in amending the constitution, which can be a cumbersome process. The constitution has been criticised for addressing issues like the adoption of retired police dogs and the issuance of water bonds via constitutional amendments.
| Characteristics | Values |
|---|---|
| Sequence of words | The Texas Constitution gives primacy to liberty because the word "liberty" comes before "democracy" in the preamble |
| Voting on amendments | Texans find themselves voting on amendments every other year, which is a form of direct democracy |
| Number of amendments | The Texas Constitution has been amended over 500 times, far more than the US Constitution's 27 amendments |
| Amendment process | Amendments require a two-thirds vote from both the House of Representatives and the Senate, followed by a majority vote of the electorate |
| Ballot language | Prescribed by the legislature, but if they fail to do so, the Secretary of State must describe the amendment's scope and character |
| Ballot information | A brief explanatory statement about the nature of the proposed amendment is published in newspapers and translated into other languages |
| Public housing | The federal government's Housing Choice Voucher Program (HCVP) helps reduce homelessness and offers families opportunities to move to safer and more diverse neighborhoods |
| Taxation | Texans voted to amend the state constitution to make the imposition of a state income tax more difficult, signaling a commitment to low taxes |
| Local sovereignty | There is tension between large cities and the state government, with the former comprising 75% of the state's population |
| Gun ownership | Gun ownership is synonymous with liberty in Texas, and the state has passed laws allowing concealed weapons on college campuses |
| Public safety and health | Local governments are often the first responders to issues of public safety and health, poverty, violence, homelessness, and bigotry |
| Education | The judiciary article has been rewritten, and provisions relating to public education have been altered to permit expansion of the public school system |
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What You'll Learn
- The Texas Constitution's emphasis on liberty over democracy
- The role of local government in addressing issues like public safety and public health
- The impact of the Constitution on Texas's economy and tax regulations
- Texans' right to amend the Constitution
- The influence of Spanish and Mexican rule on the Constitution
The Texas Constitution's emphasis on liberty over democracy
The Texas Constitution of 1876, which remains the basic organic law of Texas, is often viewed as prioritising liberty over democracy. This emphasis on liberty is evident in the document's structure and wording, as well as in the decisions of the Texas Supreme Court.
The Texas Constitution begins with a Bill of Rights, declaring Texas a "free and independent State" and emphasising the "great, general and essential principles of liberty and free government". The right to liberty is explicitly mentioned in the document, stating that no citizen shall be deprived of "life, liberty, property, privileges or immunities" without due process. The Constitution also guarantees freedom of speech and press, protection from unreasonable searches and seizures, and the right to keep and bear arms, among other liberties.
The Texas Supreme Court has reinforced this interpretation, with justices declaring that the state's charter is about "liberty's primacy" rather than democracy. They justified this by pointing to the sequence of wording in the Constitution's preamble, where "liberty" comes before "democracy".
The tension between democracy and liberty is a recurring theme in Texas politics. For example, the issue of gun ownership, which is closely tied to the concept of liberty in Texas, has been a subject of debate. Despite opposition from student body presidents representing a significant number of students, legislators in Texas lifted prohibitions on carrying concealed weapons on college campuses. This example illustrates how liberty, as defined by the right to bear arms, took precedence over the democratic will of the student body, as expressed through their elected representatives.
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The role of local government in addressing issues like public safety and public health
The Texas Constitution has been argued to favour liberty over democracy, with the Texas Supreme Court stating that the text is about "liberty's primacy". This stance has been reflected in legislative decisions, such as those surrounding gun laws, where the ownership of firearms is considered synonymous with liberty in Texas.
Despite this, local governments in Texas still play a crucial role in addressing issues of public safety and public health, which are essential aspects of any democratic system. Local governments are responsible for implementing policies, programs, and initiatives that meet the specific needs of their communities. They are the first responders to issues such as public safety, public health, poverty, violence, homelessness, and bigotry.
For instance, in the 1930s, the federal government, in conjunction with local housing authorities, intervened to address the lack of affordable housing. They created long-term, low-interest fixed-rate mortgages to enable private home ownership, which helped reduce homelessness and provided families with safer living conditions.
Local governments are also responsible for promoting healthy communities through municipal and health services. They can influence health outcomes and enhance the quality of life for residents by ensuring access to necessary medical care and services. Environmental health is another critical area of focus, where factors like air and water quality, sanitation, waste management, and safe housing directly impact public health.
Additionally, local governments have a role in providing a safety net for their citizens through social welfare policies. In Texas, programs like Medicare and Medicaid help ensure that vulnerable populations, including senior citizens and retirees, have access to low-cost healthcare. These welfare policies are designed to minimise poverty and create a stimulus for society, preventing economic recessions from sliding into depressions.
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The impact of the Constitution on Texas's economy and tax regulations
The Texas Constitution has had a significant impact on the state's economy and tax regulations. The Constitution's emphasis on liberty over democracy has influenced various economic and fiscal policies, including those related to taxation, public housing, and education.
One of the key ways the Texas Constitution has influenced the state's economy is through its stance on taxation. The Constitution includes specific provisions for taxation and revenue collection, such as Article 8, which outlines the specifications for taxation rates, liens on landed property, and the seizure and sale of delinquent taxpayers' property. Additionally, the Constitution allows for exemptions and relief from certain taxes, such as ad valorem taxes, to encourage economic development and redevelopment of property.
The Texas Constitution's impact on the state's economy is also evident in its approach to public housing and education. In the 1930s, the federal government intervened to address the lack of affordable housing by creating long-term, low-interest fixed-rate mortgages and establishing federally financed local housing authorities. However, by the 1960s, public housing projects were criticised for creating high-rise ghettos and isolating the poor and people of colour. As a result, the federal government shifted to a market-based strategy with the Housing Choice Voucher Program, which has helped reduce homelessness and improve opportunities for families.
In terms of education, the Texas Constitution has played a role in prohibiting individual income taxation. In the early 1990s, there was a consideration for an income tax to offset local school taxes, resulting in the 1993 voter-approved constitutional amendment that prohibits a personal income tax without voter approval. This amendment also mandates that any revenue from a personal income tax must be dedicated to schools. More recently, Texas voters decided on a constitutional amendment to prohibit individual income taxation, further shaping the state's tax structure and economic landscape.
The Texas Constitution's prioritisation of liberty has had a direct impact on the state's economy and tax regulations. The Constitution enables cities to offer incentives for economic development, issue bonds, and manage tax exemptions for publicly-owned property. Additionally, the Constitution outlines the specifications for tax assessments, liens, and the seizure and sale of delinquent taxpayers' property, ensuring a steady stream of revenue for the state government.
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Texans' right to amend the Constitution
The Texas Constitution is the document that establishes the structure and function of the government of the state of Texas and outlines the basic rights of its citizens. The current version, adopted in 1876, is the seventh constitution in Texas history. Notably, it is the second-longest state constitution in the US and is also the third-most amended state constitution.
Texans have the right to amend the Constitution, and this is prescribed by Article 17. However, the only method of amendment is via the Legislature, subject to voter approval. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, with 530 approved by voters, 181 defeated, and three never making it to the ballot.
The Texas Constitution's bill of rights, contained in Article 1, includes provisions that outline specific, fundamental limitations on the power of the state government. For example, Section 12 recognises the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances. This differs from the US Constitution, which allows suspension during cases of "rebellion or invasion".
The Texas Bill of Rights also includes rights not found in the US Constitution. For instance, Section 36 of Article 1 grants Texans the right to engage in certain agricultural practices, such as farming, ranching, and timber production.
Some critics argue that the Texas Legislature turns to voters too often for constitutional amendments, with voters complaining of confusing language at the ballot box. This confusion, according to political scientist Zachary Elkins, leads to affirmation bias, with voters more likely to vote "yes" on a ballot initiative if they are unsure.
In conclusion, while Texans do have the right to amend their state constitution, the process is heavily reliant on the Legislature and is subject to voter approval, which can result in frequent ballot initiatives that may confuse voters and impact their decisions.
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The influence of Spanish and Mexican rule on the Constitution
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed and contains some provisions that are uniquely Texan, many of which are products of the state's history under Spanish and Mexican rule. The Spanish Constitution of 1812 served as the model for the first constitution of the Mexican republic, which was drafted after Mexico gained independence from Spain. This, in turn, influenced the constitution of the state of Coahuila and Texas, which was promulgated in 1827 when Texas was a part of Mexico.
Under Mexican rule, the Mexican government worked with empresarios, or land agents, who brought settlers to Texas in exchange for land titles. One such empresario, Stephen F. Austin, brought 300 families, known as the "Old Three Hundred," to settle in Texas, serving as their government and receiving large parcels of land as compensation. Many of these settlers were southern cotton farmers from the United States who brought slaves with them, despite the laws abolishing slavery in Mexico at the time.
When Texas gained independence from Mexico in 1836, the resulting constitution of the new Republic of Texas incorporated large sections of the United States Constitution along with Mexican law. The Texas Constitution of 1876 reflects this history of Spanish and Mexican influence in sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights. It also includes provisions prohibiting banks and requiring a strict separation of church and state, reflecting the influence of Jacksonian agrarianism and frontier radicalism prevalent when Texas became a state.
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Frequently asked questions
Yes, the Texas Supreme Court has declared that the Texas Constitution is more about "liberty's primacy" than democracy.
The Texas Constitution begins with the words "That the great, general and essential principles of liberty and free government may be recognized and established". The Texas Supreme Court has interpreted the sequence of the words to mean that liberty comes before democracy.
The Texas Constitution does not have statewide initiatives or veto referendums. Amendments to the Constitution must be approved by a two-thirds vote of the House of Representatives and the Senate, and then by a majority vote of the electorate. This makes it difficult to amend the Constitution and limit democracy.
The Texas Constitution provides for a more direct form of democracy by allowing Texans to vote on amendments to the Constitution. The Constitution also guarantees certain democratic rights such as freedom of speech and press, the right to a jury trial, and the right to keep and bear arms.
Texans have voted to amend their state constitution to make it more difficult to impose a state income tax. Texans have also continued to uphold the Constitution of 1876, which has been amended over 500 times, demonstrating their commitment to the Constitutional process.
