On November 6 Texans went to the polls for another constitutional amendment election. This was actually the second election to amend the Texas Constitution this year. An earlier election was held on May 12 to facilitate the elderly and disabled receiving their share of the school property tax reductions adopted by the Texas Legislature in 2006.
A total of 17 amendments to the Texas Constitution were put before the voters this year between these two elections. If it seems Texans are always going to the polls to change our Constitution, it is because we have already amended it 440 times since 1876. There have been a total of 634 changes proposed.
By comparison, the United States Constitution of 1787 has been amended just 27 times in its entire history. The last change was adopted in 1992 and prohibited congressional pay raises from going into effect until after an election has taken place.
Texas has also had multiple constitutions during its colorful history. The Texas Constitution we work from today was adopted in 1876; it is our sixth constitution since Texas declared its independence.
Our first post-revolution constitution traces back to 1836 and the fledgling Republic of Texas. On March 1, 1836 delegates from all across Texas met at Washington-on-the-Brazos (now a State of Texas Historic Site). These assembled Texans declared independence from Mexico on March 2, 1836 and set to work on a constitution.
The Alamo fell on March 6, while the delegates were working. They found out about it on March 15 – and the next day our first Texas Constitution was adopted. On March 17 the convention delegates fled to escape the advancing Mexican army.
The future looked grim for this newly-established Republic. However, Texas' victory under General Sam Houston at the Battle of San Jacinto on April 21 meant this hastily-drafted constitution was actually going to go into effect.
Texas adopted a more formal constitution in 1845, the same year it entered the United States of America. In 1861 this new constitution was amended to pull Texas out of the Union and have it join the Confederacy.
Ironically, Sam Houston – who was serving as governor at the time – was forced from office due to his opposition to the efforts to secede.
In the aftermath of the Civil War, revised constitutions were adopted in 1866 and 1869. However, the 1869 document had a short history. In a backlash against the Reconstruction government, the Texas Constitution was rewritten in 1876.
The Texas Constitution of 1876 can be seen as a reaction to the belief that too much power was wielded by too few officials in state government. In particular, it was aimed at undoing much of what had been put in place under Governor Edmund J. Davis during the Reconstruction period.
This constitution was purposely designed to limit and decentralize power. It reduced the powers of the governor, reduced pay for elected officials, and put in place a Texas Legislature that met every other year.
This desire to limit government power is a reason why so many of the minute details of Texas government are in the text of our constitution. It frankly makes it harder for elected officials to change things, since it requires a two-thirds vote in both legislative chambers to put it on the ballot.
This level of detail is why our Texas Constitution is so long, printing out at 208 pages with indexes. Much of what would be accomplished in other states or at the federal level by statute or under the powers of the executive branch requires changing the Texas Constitution.
This diffusion of powers is also reflected in the relatively large number of constitutional statewide offices and of governing boards and commissions. Again, it worked against centralized control by one elected official.
There have been calls to rework the 1876 constitution into something more streamlined and less in need of constant amendment. In 1974 a formal constitutional convention was convened to try to come up with a replacement. The delegates met for seven months at a cost of $3 million, but couldn't come up with a plan they could support to send to the voters for approval.
While these constitutional amendment elections tend to have low voter turnouts, they are important. Texas is unique in how many of the details of state government are reserved for our citizens to decide. Each time you exercise this power, you have a great deal of influence over the future of our state. Be sure to exercise it.
To read our Texas Constitution, go to: http://tlo2.tlc.state.tx.us/txconst/toc.html. Next month's Capitol Update column will detail our Texas Constitution's Bill of Rights.
