Simone Lawson
The Texas Constitution of 1876 significantly weakened the powers of the governor. The document was written after the Civil War and Reconstruction Period, during which Federal troops occupied the state and used the governor's office to impose a form of dictatorship. The new constitution aimed to prevent this from happening again by spreading the powers of the governor to many independently elected officials. The governor's powers have waxed and waned since then, with long-serving governors like Rick Perry consolidating power and asserting their influence over public policy.
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What You'll Learn
- The 1876 Constitution of Texas weakened the governor's powers by limiting their term to two years
- The 1936 amendment removed clemency powers
- The 1942 Pay-As-You-Go Amendment required a balanced budget
- The 1954 amendment gave the legislature power to set the governor's salary
- The 1985 amendment granted the legislature budgetary execution power
The 1876 Constitution of Texas weakened the governor's powers by limiting their term to two years
The Texas Constitution of 1876 was the first to be accepted by both the national government and the state's electorate. It was also the first Texas constitution following the end of Reconstruction and the removal of federal troops. The 1876 Constitution weakened the governor's powers in several ways, including limiting their term to two years and reducing their salary.
The 1876 Constitution of Texas was crafted by a convention of seventy-five Democrats and fifteen Republicans. The convention was held in response to the unpopularity of the previous 1869 Constitution, which had been enacted during Reconstruction under the relatively autocratic administration of Governor Edmund J. Davis. The Democrats, who had regained control of the legislative and executive branches, sought to weaken the governor's powers and enact other changes, such as shorter terms and lower salaries for officials, local control of schools, and severely limited powers for the legislature and the governor.
The 1876 Constitution's executive article provided for seven officers, including the governor, lieutenant governor, secretary of state, comptroller of public accounts, treasurer, commissioner of the land office, and attorney general. The legislature was to be composed of two houses: a Senate of thirty-one members and a House of Representatives of no more than 150 members. Senators and representatives were to serve terms of four and two years, respectively.
In addition to limiting the governor's term to two years, the 1876 Constitution also removed the governor's clemency powers in 1936 by instituting a three-member Board of Pardons and Paroles. The governor's power to appoint members to this board was also removed in 1980. While the governor gained some powers, such as appointing the commissioner of education and the executive director of the Texas Department of Commerce in 1991, the overall effect of the 1876 Constitution and subsequent amendments was to weaken the governor's position.
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The 1936 amendment removed clemency powers
The Texas Constitution has undergone several changes since its inception, with the governor's powers being adjusted over time. One notable amendment that weakened the governor's authority was the 1936 amendment, which removed the governor's clemency powers.
Clemency is a form of executive clemency where individuals can seek relief from the burden of their criminal sentence or conviction. Before the 1936 amendment, the governor of Texas had the power to grant clemency independently. However, with the 1936 amendment, a significant change was introduced.
The 1936 amendment established a Board of Pardons and Paroles, initially consisting of three members, later expanded to seven, who were appointed by the governor to staggered six-year terms. The governor also selects the board's chair. The key shift was that the governor could no longer grant clemency unilaterally. Instead, the governor could only grant clemency upon the written recommendation of a majority of this board. This amendment ensured a more balanced approach to clemency decisions, requiring input from multiple stakeholders.
While the governor's clemency powers were curtailed, they retained some discretion. The governor could grant a one-time thirty-day reprieve in a capital case without the board's recommendation. Additionally, the governor gained new powers in the form of appointing all members of the enlarged Board of Pardons and Paroles. This dynamic allowed for a degree of influence over clemency decisions, as the governor played a role in shaping the board's composition.
The 1936 amendment's impact on the governor's clemency powers was significant, marking a shift from unilateral authority to a more collaborative decision-making process. This change aligned with evolving notions of justice and accountability in the Texas criminal justice system. The amendment demonstrated a recognition of the importance of checks and balances in matters of executive clemency.
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The 1942 Pay-As-You-Go Amendment required a balanced budget
The Texas Constitution has undergone several changes since 1845, with amendments made in 1861, 1866, and 1936, and a revision in 1954. The 1942 "Pay-As-You-Go Amendment" was a significant change that required a balanced budget. This amendment was part of a series of changes in the 1940s and 1950s that transformed state budgeting.
The "Pay-As-You-Go Amendment" mandated that expenditures in a given year be matched by revenues from that same year, preventing the state from spending beyond its means. This requirement for a balanced budget was intended to promote fiscal responsibility and ensure that the state did not incur debts that future generations would have to repay.
Prior to the 1942 amendment, Texas had a more flexible approach to budgeting, with no legal requirement for a balanced budget. This flexibility allowed the state to respond to economic fluctuations and allocate resources as needed. However, the lack of a balanced budget requirement also carried the risk of accumulating debts and spending beyond the state's long-term means.
The 1942 amendment was a response to a growing recognition of the importance of fiscal responsibility in government. It reflected a shift towards more disciplined financial management and a desire to protect the state's economic future. While the amendment imposed a stricter framework for budgeting, it also provided a foundation for more sustainable financial planning and decision-making.
In addition to the "Pay-As-You-Go Amendment," other budgetary changes in Texas during this period included the introduction of a modern budgeting process in 1949 and 1951. This new process involved both the legislature and the governor in budget preparation, further emphasizing the importance of collaboration and shared responsibility in financial decision-making.
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The 1954 amendment gave the legislature power to set the governor's salary
The Texas Constitution of 1845 incorporated a rigid amending process that required two legislative approvals by a two-thirds vote, with an intervening election in which a majority of voters approved. This rigidity was retained until the Constitution of 1876, which set the salaries for the officers in the executive branch of the state government. The governor received $4,000 annually, while other officials received salaries between $2,000 and $2,500 per year.
In 1936, the constitution was amended to increase the governor's salary to $12,000 per year. However, in 1954, a series of constitutional amendments removed the stipulation of salaries for executive officers, including the governor, and empowered the legislature to determine their salaries. This amendment gave the legislature the power to set the governor's salary, provided it was at least $12,000 annually.
While the governor gained in compensation, their position was likely weakened by this amendment, as it introduced a new budget role dominated by the legislature and reduced the governor's clemency powers. The governor's power over paroles was also removed in 1983. Over time, there have been significant shifts in partisan control and changes in the powers of the governor, with some constitutional amendments strengthening and others weakening their role.
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The 1985 amendment granted the legislature budgetary execution power
The Texas Constitution has undergone several changes since its inception, with the governor's powers being adjusted over time. One significant amendment that impacted the governor's role was the 1985 amendment, which granted the legislature budgetary execution power. This amendment marked a shift in the balance of power between the governor and the legislature.
Prior to the 1985 amendment, the governor had considerable influence over the state's budget. The "Pay-As-You-Go Amendment" of 1942 required a balanced budget, and in 1949 and 1951, a modern budgeting process was instituted, involving both the legislature and the governor in budget preparation. The governor was directed to prepare a budget with the assistance of an executive budget officer, and the Legislative Budget Board made budget recommendations and prepared general appropriation bills.
However, the 1985 amendment transferred the power to execute the budget solely to the legislature. This meant that the legislature now had the authority to oversee and manage the state's finances without the direct involvement of the governor. This amendment was part of a series of constitutional changes in the 1980s that altered legislative organization and procedure.
The shift in budgetary power represented a notable change in the governor's role, as financial decision-making had traditionally been a key aspect of their responsibilities. By granting the legislature budgetary execution power, the amendment reduced the governor's influence in shaping the state's financial priorities and spending decisions.
It's worth noting that the evolution of Texas's government has been a continuous process, with various constitutions and amendments shaping the governor's powers. While the 1985 amendment did weaken the governor's budgetary authority, other changes over the years have both curtailed and expanded the governor's overall authority in different areas.
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Frequently asked questions
The Texas Constitution of 1876 significantly weakened the powers of the governor.
The new constitution was written after the Civil War and the Reconstruction Period when Federal troops occupied the state. The intention was to spread the governor's powers to many independently elected officials.
The 1876 Constitution provided that state officers appointed by the governor and approved by the Senate were semi-independent from the governor by having set terms. These officers could only be removed during their term by a trial dictated by the Legislature or with the approval of two-thirds of the Senate.
The 1876 Constitution also altered provisions relating to public education, the state's financial system, suffrage requirements, and the method of chartering municipal corporations. It lengthened the term of office for many state and local officials and established a growing number of specifically allocated funds in the state treasury.
