Texas Constitution: Structure, Flaws, and the Case for Reform
This paper examines the Texas Constitution of 1876, analyzing its defining characteristics, philosophical underpinnings, and structural shortcomings. The paper traces the document's deep-rooted mistrust of government, reflected in its fragmented executive power, restricted taxing authority, and reliance on long-ballot elections. It compares the Texas Constitution's 93,000–98,000 words and nearly 500 amendments to the U.S. Constitution's 6,500 words, arguing the Texas document is unwieldy and ill-suited for modern governance. The paper also reviews the failed mid-1970s constitutional revision effort, identifying voter disengagement and political sabotage as key causes of failure, before proposing a more transparent, technology-enabled constitutional convention as a path forward.
- Introduction: What a Constitution Does: Defines constitutions and introduces Texas's 1876 document
- Anti-Government Philosophy of the Texas Constitution: Examines deep distrust of government embedded in text
- Structural Problems: Length, Detail, and Fragmentation: Analyzes unwieldy length and fragmented executive power
- Comparison with the U.S. Constitution: Contrasts Texas document's size with federal constitution
- The Failed 1970s Revision Effort: Reviews why the 1970s constitutional revision attempt failed
- The Case for Modern Constitutional Reform: Proposes transparent, technology-enabled revision convention
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What makes this paper effective
- Grounds its critique in concrete evidence, including the word-count comparison between the Texas and U.S. constitutions, which gives the reader an immediate, tangible sense of the document's excess.
- Balances descriptive analysis with normative argument, explaining both what the Texas Constitution does and why that matters for modern governance.
- Uses a well-structured historical case study — the 1970s revision attempt — to illustrate the practical barriers to reform, making the policy argument more credible.
Key academic technique demonstrated
The paper demonstrates comparative constitutional analysis by measuring the Texas document against the U.S. Constitution in terms of length, amendment count, and governing scope. This technique transforms what could be a purely abstract critique into an argument supported by quantifiable contrasts, a useful method for undergraduate political science writing.
Structure breakdown
The paper opens by defining the purpose of constitutions generally before narrowing to Texas's 1876 document. It then examines the anti-government philosophy embedded in the text, moves through specific structural defects (length, fragmentation, over-detail), deploys a quantitative comparison with the federal constitution, recounts the failed 1970s revision as a cautionary case, and closes with a forward-looking proposal for a more transparent, technology-enabled revision process.
Introduction: What a Constitution Does
On the most fundamental level, a constitution is a plan or contract between the government and the people it governs. A constitution details the agreed-upon powers, responsibilities, and limitations upon all involved parties while asserting the proper procedures for action. The constitution is the foundation for all basic laws upon which the legal system rests. In the history of Texas, seven separate constitutions have been drafted and approved, with the last one receiving approval on February 15, 1876. The preceding six constitutions were adopted during the following years: 1827, 1836, 1845, 1861, 1866, and 1869. At this time, the current constitution contains amendments that were approved by voters as recently as November 2017.
An examination of the Texas Constitution reflects certain insights about the state and its unique viewpoints on government, autonomy, and self-protection. Any state constitution should assert a basic structure of government, itemizing who holds which powers when it comes to the people versus the government. Secondly, constitutions have the duty of narrowing the overall power of government by establishing civil liberties held by the people that the government may not breach. While the Texas Constitution technically fulfills its essential duties, the mistrust of government that pervades the state's lineage and culture ensures that the creation of government policy is a difficult task.
Works Cited
Bruff, Harold H. "Separation of Powers Under the Texas Constitution." Tex. L. Rev. 68 (1989): 1337.
Coleman, Michael. "The Persistence of Limited Government?" Home, 2017, dlc.dcccd.edu/txgov1-2/the-persistence-of-limited-government. Accessed 13 Feb. 2018.
Collier, Ken, Steven Galatas, and Julie Harrelson-Stephens. Lone Star Politics: Tradition and Transformation in Texas. Sage, 2013.
Utexas.edu. "Texas Politics: The Constitution." 2006, www.laits.utexas.edu/txp_media/html/cons/print_cons.html#61. Accessed 13 Feb. 2018.
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