State Constitutions in General

Fundamental laws of states

Longer than the U.S. Constitution

30 states have had more than 1 constitution

Most state constitutions have been amended

"Have the literary value of the Yellow Pages"
 

Why are state constitutions so long?

No confidence in state legislatures after Civil War

"Put it all in"

Don't want legislature to interpret

After 1900 - fewer legislative limitations; shorter constitutions
 

Easy to amend

Safer than passing legislation

Easy in; hard to get out
 

State constitutions have not grown through judicial interpretation

State courts can't interpret
 

How can state constitutions be amended?

State legislative action - every state

Ratified by the people - every state except Delaware

Citizen initiative - 17 states

Constitutional convention

Convention subject to popular opinion
 

Texas Constitution to 1876
 

One republic and five state constitutions

Constitutions a reflection of the era in which it was written
 

1836 - Republic of Texas

First Anglo-American constitution

Modeled after U.S. Constitution and several states

Brief; only 6,500 words

Strong executive

Separation of powers to three branches

Protected slavery

Excepted Africans, descendents of Africans, and Indians from citizenship

Had a Bill of Rights

Jacksonian in nature

Ministers and priests could not hold office

Punishment for debt could not include prison

Monopolies and primogeniture were prohibited

Terms of office were short

Annual elections

Adopted some Spanish-Mexican law

Community property - interesting

Homestead exemptions
 

1845 - First state constitution

Almost twice as long at 1836 constitution

Based on the earlier constitution

Legislative department

House of Representatives

Senate

Revenue bills had to start in House

Austin made capital until 1850

Regular sessions were biennial

"Ministers of the Gospel" ineligible to be legislators

Executive department

Governor had two-year terms

Could serve only four years in any six year period

1861 - Confederate constitution

Basically same as 1845

Reflect change to Confederate States of America

Prohibited emancipation of slaves
 

1866 - First post-Civil War constitution

Attempt to please Radical Republicans in Washington

Nullified secession

Abolished slavery

Increased size of legislature

Lengthened governor's term to 4 years

Nullified by Radical Republicans

State returned to military rule
 

1869 - Reconstruction constitution

Written by delegates selected largely by non-white voters

Whites either banned or boycott

Declared U.S. Constitution supreme law

Abolished slavery

Centralized power in the governor

Annual sessions of the legislature

Authorized a poll tax - pay for schools

Outlined county and municipal government

Former slaves given right to vote
 

Centralized state government
 

E. J. Davis

Examples of centralized state government:

State police

Governor appointed large numbers of county and city officials

Reaction to the Davis administration led to Constitution of 1876