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Pros And Cons Of Texas Constitution

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There are two distinct sides when it comes to whether or not the Texas constitution should be rewritten. There is the side that favors rewriting the constitution and those who oppose writing a new constitution. Each side has four very strong argument points they like to use when it comes to discussing the Texas Constitution. Those who favor rewriting the constitution say that our current document is unnecessarily long and completely outdated for today’s modern society. This argument holds true when we take into account that “The Texas Constitution is the second longest in the United States”. (Champagne and Harpham 91) In addition to the fact that it is unnecessarily long. The Texas constitution is also completely outdated and has been “amended 474 times” …show more content…

“Many people see some desirable features in the Texas Constitution.” (Champagne and Harpham 99) An example of this is that our state constitution “provides more constitutional protections than does the U.S. Constitution”. (Champagne and Harpham 99) Secondly, even though we have a difficult amendment process. We still have managed to pass 474 amendments. Proving that the rules set by our current constitutional amendment process is working just fine. Thus the saying “if it ain't broke, don’t fix it” comes into play. Thirdly, if we allowed for a new constitution to be written for the state of Texas, we the people. Then run the risk of a government trying to give itself to much power and resort back to the era of the “antichrist” E.J. Davis. This exact issue is why we made sure that the constitution of 1876 gave the state government limited power because we feared big government telling us what to do. Finally, there have been many attempts to pass a new constitution in Texas. All, of the proposed constitutions, have failed because the people of Texas love to live by a simple motto “if it ain't broke, don’t fix it”. However, all of these arguments are pointless if we don’t know about our state constitutional

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Chapter two of the textbook “Texas Politics” discusses the abundant state constitutions of Texas. The current constitution of Texas is quite lengthy and often ridiculed due to its outdatedness whereas when compared to that of the United States constitution, the results viewpoint and reactions are quite the opposite. Because of this, Texas, along with a great number of other states must constantly make formal changes to the constitution, this is known as a constitutional amendment. The current Texas constitution is extremely long, particularly compared to the United States constitution, this being because of the variety of policies that the constitution attempts to put on the citizens of Texas in order to maintain peace and civility.

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The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845. On March 2, 1836, Texas declared itself an independent republic due to a lack of support from the U.S. in their revolutionary movement. The citizens of Texas approved an annexation ordinance and a new constitution on October 13, 1845. On December 29, 1845, the U.S. admitted the State of Texas to the Union. After the Texas voters ratified secession from the Union on February 23, 1861, the Secession Convention reconvened.

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The argument for revising Article V and making the Constitution easier to amend revolves around the idea that it is practically impossible to amend the Constitution with Article V as it currently is written. Nearly all of the 50 state constitutions can be amended under easier procedures than those in place under Article V and do not require as many obstacles to triumph. Since requiring a 2/3 majority in both the House and the Senate only completes one half of Article V, the additional condition for ratification requires ¾ of state legislatures support (75 legislative houses in 38 states), which is an extremely extensive task. This means that a proposed amendment can fail because of only 13 state legislative house in 13 different states. The

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It is a known fact that the constitution was originally a small document, especially compared to the legislations passed by government today; which can be hundreds of pages long. Therefore, one can argue that the founders made the document small on the basis that it was meant to evolve into something larger, because if the founders really wanted the document interpreted on it’s original intent, it; arguably, would be much large and more extensively detailed, which would have been a difficult document to ratify if it contained extensive information. There is a specific section in the constitution that demonstrates this point. The necessary and proper clause, found in article I, section 8. This clause denotes the power to Congress, and allows Congress “to make laws which shall be necessary and proper for carrying into execution foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Office thereof.”

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