Simone Lawson
The Texas Constitution has gone through several versions since the first governing document of the Republic of Texas was drafted in 1836, following its independence from Mexico. The current constitution is the second-longest state constitution in the United States and is also the third-most amended. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments. This is due to the high level of detail included in the constitution, which covers a wide range of topics such as local government, taxes, and private property rights. While the Texas Constitution provides important protections for its citizens, there may be sections that are outdated or no longer relevant. As such, it is worth discussing what sections, if any, should be removed to ensure the document remains up-to-date and reflective of the needs of the state and its people.
| Characteristics | Values |
|---|---|
| Length | Second-longest state constitution in the US |
| Amendments | Third-most amended state constitution |
| Article 1 | Bill of Rights with 34 sections |
| Article 2 | Separation of powers of the legislative, executive, and judicial branches |
| Article 3 | Legislative Department |
| Article 15 | Impeachment process |
| Article 16 | Miscellaneous provisions, including limits on interest rates, civil penalties for murder, punishment for bribery, prohibitions on garnishment of wages, and constitutional protection of a mechanic's lien |
| Article 17 | Mode of amending the Constitution |
| Article IV, Section 7 | Governor as Commander-in-Chief of Texas' military forces |
| Article IV, Section 12 | Governor's power to fill vacancies in state or district offices |
| Article IV, Section 14 | Governor's ability to veto bills, which can be overridden by a two-thirds vote |
| Section 39 | Bill effectiveness upon the Governor's signature if it passes with a two-thirds vote |
| Section 49 | State debts with limitations on the Legislature's power to incur debt |
| Section 11 | Eligibility for bail for individuals detained before trial, with exceptions |
| Section 4 | Prohibition on religious tests for public officeholders, but includes language requiring acknowledgment of a "Supreme Being" |
Explore related products
$9.99 $9.99
What You'll Learn
Removal of racist provisions
The Texas Constitution has been amended several times since its inception in 1836, when Texas was still part of Mexico. Notably, the constitution protected slavery and solidified its importance in Texas. The General Provisions of the Constitution prevented slave owners from freeing enslaved people without congressional consent and barred Congress from passing any laws that restricted the slave trade or emancipated the enslaved. This provision sought to remove all free persons of color from Texas unless they obtained permission from Congress to remain in the state.
The Texas Legislature also passed increasingly restrictive laws governing the lives of free blacks, including a law banishing all free black people from the Republic. As a result, the state's enslaved population grew rapidly, with the number of enslaved African Americans increasing from 30,000 in 1845 to 182,566 by 1860. Most enslaved people in Texas were brought by white families from the southern United States, with smaller numbers arriving through the domestic and international slave trades.
Following the Civil War, Texas held a constitutional convention in 1866, passing a constitution that granted African-American men the right to sue, contract, acquire and transmit property, receive equal criminal prosecution, and testify orally in cases involving other African Americans. However, this constitution did not give African Americans the right to vote or hold public office. Another constitutional convention was held in 1868-1869, with ten African Americans serving as delegates. The new state constitution, ratified in November 1869, granted adult male African Americans the right to vote.
While Texas has made strides towards racial equality, the state's constitution still contains provisions that may be considered outdated and racially insensitive. For example, Article 15 of the Texas Constitution, labelled "Impeachment," outlines the rules for removing government officials from office. The Texas House of Representatives is granted the power of impeachment, which may be subject to abuse and potentially target minority representatives. Additionally, Article 16, entitled "General Provisions," includes miscellaneous provisions such as civil penalties for murder and the punishment for bribery, which may be seen as overly harsh and disproportionately impacting minority communities.
To promote racial equality and remove racist provisions, the Texas Constitution should undergo a comprehensive review. This review should address any outdated or racially insensitive language and ensure that the rights and protections afforded to all citizens are equitable. Additionally, the state should actively promote the involvement of minorities in political processes, as was seen during the Reconstruction era, when African Americans gained a brief period of political engagement.
Student Strip Searches: What's Reasonable?
You may want to see also
Amendments to the bill of rights
The Texas Constitution has gone through several iterations since the state's time as part of Mexico, its independence, and its time in and out of the Union. The current constitution is the third-most amended state constitution in the US, with nearly 500 amendments since 1876.
Article 1 of the Texas Constitution is the state's Bill of Rights and contains 34 sections, 30 more than the US Bill of Rights. While the Texas Bill of Rights includes many rights similar to those found in the US Bill of Rights, it is more detailed and contains provisions unique to Texas.
Amendments to the Texas Bill of Rights should focus on removing provisions that are outdated, unenforceable, or vulnerable under federal precedent. For example, Section 4 prohibits religious tests for public officeholders but includes language requiring officeholders to "acknowledge the existence of a Supreme Being". While this section has not been invalidated by the Texas Legislature or directly overturned by the US Supreme Court, it may be legally vulnerable under federal precedent.
Another example is Section 39, which allows a bill to take effect immediately upon the Governor's signature if it passes both chambers by a two-thirds vote. This section may need to be amended to reflect the changing nature of the legislative process and the need for more careful consideration of bills.
Additionally, the Texas Bill of Rights should be amended to include more modern interpretations of rights and freedoms. For instance, the right to privacy, which is not explicitly mentioned in the current Bill of Rights, could be added to protect Texans' private information and communications from government intrusion.
Finally, the Texas Bill of Rights should be amended to remove any racist provisions that may still exist. While the current document is much improved from the overtly racist provisions in the Alabama Constitution, there may still be implicit biases or discriminatory language that needs to be addressed.
Borrowing Money: Constitutional Limits and Legal Boundaries
You may want to see also
Changes to the impeachment process
Article 15 of the Texas Constitution is labelled "Impeachment" and consists of nine sections. It lays out the rules under which Texas government officials can be removed from office and describes the impeachment process. The Texas House of Representatives is granted the power of impeachment.
Article 15 describes the process of impeachment, by which corrupt or negligent officials can be removed from office. Impeachment is a two-step process, starting with an investigation by the House of Representatives and then a trial in the Senate. Unlike the federal system of impeachment, in Texas, all officers impeached by the House are suspended until a verdict by the Senate has been delivered.
One proposed change to the impeachment process in the Texas Constitution is to grant the power of impeachment to an independent commission or a special tribunal, rather than solely to the Texas House of Representatives. This would help to ensure that the process is more balanced and impartial, and would reduce the potential for political influence or bias in the impeachment process.
Another suggestion is to amend the Texas Constitution to include a more detailed and comprehensive definition of what constitutes an impeachable offence. Currently, the Constitution states that impeachment is for "corrupt or negligent officials", which is open to interpretation and may not cover all types of misconduct or wrongdoing. A more explicit and detailed definition would provide clearer guidelines for initiating the impeachment process and ensure that it is applied consistently and fairly.
Additionally, it has been proposed that the Texas Constitution should be amended to include a provision for the removal of impeached officials from office during the impeachment process, rather than just suspension. Currently, the Constitution states that "all officers impeached by the House are suspended until a verdict by the Senate has been delivered". However, some argue that in cases of serious misconduct or criminal activity, it may be necessary to remove the official from office immediately, rather than waiting for the Senate's verdict.
Finally, there is a suggestion to include a provision in the Texas Constitution for an appeals process or a mechanism for reviewing impeachment decisions. Currently, the Constitution does not provide for any review or appeal of the Senate's verdict in the impeachment process. Including such a provision would help to ensure the fairness and accuracy of impeachment decisions and provide an additional layer of scrutiny and accountability.
Penicillin Allergy History: Low-Risk Factors
You may want to see also
Explore related products
Reducing the length of the document
The Texas Constitution is the second-longest state constitution in the United States. It has been amended nearly 500 times, with 714 constitutional amendments proposed between 1876 and 2024. The constitution's length and complexity are due in part to Texas' unique history and the desire to protect specific topics, such as local government, taxes, and private property rights, in the strongest way possible.
To reduce the length of the Texas Constitution, one approach could be to consolidate and streamline its various articles and sections. For example, Article 16, entitled "General Provisions," contains 73 sections, 27 of which have been repealed and one redesignated, indicating that there may be room for further consolidation and simplification. Similarly, Article 49 ("State Debts") within this article has 30 separate sub-sections, some of which are curiously numbered, indicating a potential for simplification and better organisation.
Another approach could be to remove or update sections that are outdated or no longer relevant. For instance, Article 15, which outlines the impeachment process, may need to be updated in light of recent political developments and changes in federal law. Additionally, sections that refer to specific historical contexts, such as those related to the Confederacy or the post-Civil War era, may need to be revised to reflect modern realities.
Furthermore, the Texas Constitution could be shortened by removing provisions that are already covered by federal law or the U.S. Constitution. For example, Article 1, the Bill of Rights, contains rights similar to those in the U.S. Bill of Rights, but with additional provisions unique to Texas. While these unique provisions are important, there may be some overlap or duplication with federal law that could be streamlined.
Finally, the process of amending the constitution could be made more efficient. Currently, a two-thirds vote during a legislative session is required to place a constitutional amendment on the ballot. While this ensures a thorough process, it may contribute to the length of the document over time. Considering alternative mechanisms for proposing and approving amendments, such as a simpler majority vote or a process involving citizen initiatives, could potentially expedite the amendment process and reduce the overall length of the constitution.
New York Life: Constitution and General Office Roles
You may want to see also
Adjustments to governor's powers
The Governor of Texas has a wide range of powers, including legislative, judicial, and executive functions. The governor's legislative powers include calling special sessions of the legislature, submitting topics for legislation, recommending measures, and signing or vetoing legislative acts. They can also veto specific items in itemized, general appropriation bills. The governor's judicial powers include granting or denying recommendations for clemency and remissions of fines and forfeitures, revoking parole or conditional pardons, and granting reprieves and pardons in cases of treason with the consent of the legislature.
The governor's executive powers include executing the laws of the state, extraditing fugitives, serving as commander-in-chief of the state's military forces, declaring martial law, appointing numerous state officials (with Senate confirmation), and filling vacancies in state and district offices. They can also call special elections to fill vacancies in the legislature and submit the state budget to the legislature. Notably, the governor of Texas has little power over certain administrative functions and no removal power over important elected officials.
One proposed adjustment to the governor's powers is to introduce a provision allowing voters to petition for a recall election to remove the governor. Currently, Texas does not have such a provision, and the governor can only be impeached by the State House of Representatives for treason, bribery, or other high crimes or misdemeanours. Following impeachment, the State Senate would try the case, and a two-thirds majority vote is required to remove the governor from office.
Another potential adjustment is to limit the governor's legislative veto power, which is currently their strongest executive weapon. While the legislative veto is a powerful tool, it can be overridden by a two-thirds majority vote of the legislature. Additionally, any bills passed by a two-thirds majority in both chambers can take effect immediately upon the governor's signature, unless otherwise specified in the bill.
Finally, adjustments could be made to the governor's appointment powers. Currently, the governor can appoint the secretary of state, judges, and the attorney general. However, the legislature selects the state treasurer and comptroller of public accounts, which could be transitioned to the governor's appointment power to streamline the executive function.
Understanding Fraud Felony Thresholds in New Mexico
You may want to see also
Frequently asked questions
The Texas Constitution is one of the largest state constitutions in the US, and it has been amended nearly 500 times. It includes very specific topics like local government, taxes, and private property rights, which other states leave to their legislatures. This level of detail means the Constitution can easily become outdated and may need frequent amendments to stay relevant.
Article 15, which outlines the impeachment process for government officials, and Article 16, which includes provisions on limits on interest rates, civil penalties for murder, and punishment for bribery, may need to be updated to reflect modern perspectives on these issues.
In 1995, an amendment abolished the office of State Treasurer, transferring its duties to the Texas Comptroller of Public Accounts office. In 2003, two new sub-sections were added to Article 49 ("State Debts"), and in 2021, a law was passed requiring schools to display "In God We Trust" signs.
