Deck 16: The Texas Constitution

Question 1

Article 3 of the Texas Constitution does NOT provide which of the following for the legislature?

A)Short terms
B)Short sessions
C)Biennial meetings
D)Small membership
E)Limited powers

Answer 1

E

Question 2

Your state has a constitution that delineates the basic laws and structure of the government but allows the legislature to further flesh out the details and particulars through statutory enactments.Your state has a liberal constitution.

Answer 2

True

Question 3

The Texas constitutions have never had a bill of rights.

Answer 3

False

Question 4

A statutory constitution seeks to control the powers of

A)the government.
B)the people.
C)corporations.
D)interest groups.
E)railroads.

Question 5

The term of office of the Governor of Texas

A)used to be two years but is currently four years.
B)used to be four years but is currently two years.
C)used to be six years but is currently two years.
D)used to be six years but is currently four years.
E)has been four years since Texas as an independent republic.

Question 6

The 1845 Texas Constitution established what trait of Texas government that still exists today?

A)A unicameral legislature
B)A legislature that meets biennially
C)A 2-year term for governor
D)Three justices on the Supreme Court
E)Term limits for the governor (no more than four years out of every six)

Question 7

A provision in the 1845 Texas Constitution that provided for the emancipation of slaves was strengthened in the Constitution of 1861.

Question 8

The 1869 constitutional convention

A)featured four separate voting blocs that pursued their own agendas.
B)had been under-funded from the start by a legislature that wanted them to fail.
C)ran out of money because the businesses and hotels doubled the prices for the delegates.
D)failed to enact any constitutional changes because of a nationwide fluctuation in currency values.
E)relied entirely on Confederate money which was worthless after the Civil War.

Question 9

Voter turnout in Texas elections is highest in

A)presidential elections.
B)gubernatorial elections.
C)special elections.
D)partisan elections.
E)judicial elections.

Question 10

The 1999 proposal for constitutional changes to the judiciary included all of the following EXCEPT

A)reducing the number of courts.
B)establishing a merit system for selecting judges.
C)merging the two supreme courts.
D)setting the number of justices on each bench at seven.
E)vesting all appellate jurisdiction in the newly created Texas Supreme Court.

Question 11

The Texas Constitution has ________ numbered articles.

A)3
B)7
C)27
D)254
E)467

Question 12

_______ led to the drafting of the 1861 Constitution.

A)Secession
B)Presidential reconstruction
C)Congressional reconstruction
D)Independence
E)Statehood

Question 13

By 2009,the Texas Constitution had been amended

A)467 times.
B)254 times.
C)128 times.
D)27 times.
E)17 times.

Question 14

Which Texas constitution was the first to provide universal male suffrage?

A)1835 Constitution (constitution of the Republic of Texas)
B)1845 Constitution (constitution following admittance to the Union)
C)1861 Constitution (constitution following admittance to the Confederacy)
D)1866 Constitution (first constitution following re-entry into the Union)
E)1869 Constitution (second constitution following re-entry into the Union)

Question 15

The 1999 constitutional revision effort resulted in which of the following?

A)Increased the terms of both houses, to 4 and 6 years
B)Instituted term limits for all elected state officeholders
C)Created a veto session for the legislature (to meet after a post-session gubernatorial veto)
D)Consolidated power in the executive by creating a nine-member cabinet
E)None of the above. The legislature never considered the proposed 1999 constitution.

Question 16

Assume you are a member of the Texas legislature.Why would you probably be unlikely to support constitutional reform?

A)My constituents are more interested in issues other than constitutional reform.
B)I am fearful that a new constitution might increase the power of the legislature.
C)My constituents are highly interested in and informed on aspects of constitutional reform but are in one of two fanatical and diametrically opposed camps on the issue; I do not want to offend either group.
D)I want to run for governor and a new constitution might give more power to the governor's office and I do not want more political power.
E)A new constitutional convention would be extensively covered by the news media and as a politician I do not like to be on TV.

Question 17

Which of the following best describes how the Texas Constitution of 1876 has changed since its enactment?

A)There has been only one major overhaul.
B)There have been several major overhauls.
C)The Constitution has undergone piecemeal revision.
D)The Constitution has doubled in size nearly every year since its enactment.
E)The Constitution has remained essentially unchanged from when it was first enacted.

Question 18

When did the first attempt to revise the 1876 Constitution comprehensively occur?

A)1877
B)1917
C)1919
D)1949
E)1974

Question 19

The creation and content of the Texas Constitution of 1876 was greatly influenced by Texans' reaction to Reconstruction.

Question 20

If you were a delegate to the Texas constitutional convention of 1875,you were likely not a native Texan.

Question 21

Which of the following was the Texas Constitution of 1869 required by the U.S.Congress to include?

A)Life time appointments for judicial officers
B)Universal adult male suffrage
C)The popular election of the attorney general and secretary of state
D)Acceptance of the Sixteenth Amendment to the U. S. Constitution
E)Integrated public colleges and universities

Question 22

Thirty-eight of the ninety delegates to the Texas Constitutional Convention of 1875 were members of an organization of farmers created in Texas following the economic panic of 1873.This organization was known as

A)the Long Rangers, or Texas Rangers.
B)the Patrons of Husbandry, or the Grange.
C)the Frontiersmen, or the Men of the Soil.
D)the Patrons of Texas, or the Texas Farm Bureau.
E)the Bavarians

Question 23

During the constitutional convention of 1875,"retrenchment and reform" was the motto adopted by

A)the Texas Rangers.
B)the Frontiersman.
C)the Grange.
D)the Patrons of Texas.
E)the Barbarians.

Question 24

Which of the following was NOT a provision of the Texas Constitution of 1836?

A)A declaration of rights
B)A bicameral Congress
C)An Executive branch
D)Homestead protection
E)Universal male citizenship

Question 25

The Texas Constitution of 1876 is

A)a liberal constitution.
B)a statutory constitution.
C)a pluralist constitution.
D)an elitist constitution.
E)a legislative constitution.

Question 26

The Enabling Act and Militia Bill allowed Governor Davis to

A)resign with dignity.
B)call for elections to select district attorneys, district clerks, sheriffs, mayors, and other local officials.
C)be controlled by the state police.
D)use the line-item veto power.
E)become more powerful.

Question 27

Interest groups have failed to point out flaws in the Texas Constitution.

Question 28

The 1869 Texas Constitution

A)dramatically weakened state government, with decentralization of executive government and narrower legislative authority.
B)strengthened state government with a strong, centralized executive and annual legislative sessions.
C)increased the power of the legislature over the governor and eliminated any state control of programs such as public education.
D)created a more partisan political atmosphere by organizing the legislature along party lines and requiring all judicial positions to be elected in partisan elections.
E)created a state of chaos in state government by failing to provide for a mechanism for filling the governor's office when a vacancy occurs.

Question 29

Texas joined the United States as the twenty-eighth state and the U.S.Congress accepted the new constitution for the State of Texas in

A)1845.
B)1836.
C)1828.
D)1889.
E)1861.

Question 30

In general,the restrictive provisions of the 1876 Texas Constitution reflected a series of issues that included

A)admiration of Reconstruction.
B)dissatisfaction with Governor E. J. Davis.
C)massive inflation.
D)the Texas gold rush.
E)All of the above

Question 31

Prior to its independence,Texas was governed as

A)a colony of Spain.
B)Protectorate of the King of England.
C)a part of Mexico under the Mexican Constitution of 1824.
D)a territory of the United States.
E)an exclusive administrative territory for Native Americans.

Question 32

When Texas rejoined the union after the Civil War,

A)the ratification of the Texas Constitution formally ended Reconstruction.
B)it ended segregation in public education.
C)it decreased the governor's salary.
D)it abolished slavery.
E)it prohibited the election of African Americans to the legislature and to Congress.

Question 33

The Constitutional Convention of 1974 was an example of a piecemeal revision effort.

Question 34

Governor Dolph Briscoe announced his support of constitutional revision during the 1974 Texas Constitution Convention.

Question 35

The initiative process is designed primarily as a way to enhance the influence of interest groups in the constitutional revision process.

Question 36

The Texas Constitution of 1845 (drafted and adopted when the Republic of Texas agreed to be annexed by the United States)has been described as

A)one of the most archaic and difficult to read of its time.
B)voluminous, complex, and among the worst state constitutions of its time.
C)straightforward, simple, and among the best of all state constitutions of its time.
D)wordy and tedious.
E)fostering economic and political egalitarianism.

Question 37

You have been labeled a "cockroach" by the chair of your constitutional revision convention.You are likely opposed to any changes in the existing constitution.

Question 38

A constitution that incorporates detailed provisions in order to limit the structure and powers of government is generally known as

A)a liberal constitution.
B)a statutory constitution.
C)a pluralist constitution.
D)an elitist constitution.
E)an efficient constitution.

Question 39

The current Texas Constitution of 1876 was written under the governorship of

A)Richard Coke.
B)Anson Jones.
C)E) J. Davis.
D)Pat Neff.
E)Sam Houston.

Question 40

When Texas seceded from the United States and joined the Confederacy in 1861,it

A)made English the official language of Texas.
B)legalized prostitution and slavery.
C)wrote a new constitution.
D)recognized the federal government as the highest legal authority.
E)adopted provisions making extensive changes to existing laws.

Question 41

Which of the following is true of the Texas Constitution but not true of the U.S.Constitution?

A)Based on the principle of popular sovereignty
B)Based on the principle of limited government
C)Based on the social contract theory
D)Contains detailed policy provisions
E)Establishes a bicameral legislature

Question 42

Why are a high percentage of Texas legislators lawyers and businesspeople?

A)They are more skilled and experienced in the kind of high-pressure legal, political, and competitive demands associated with being a legislator.
B)They are wealthier and better able to accept the meager pay and irregular legislative sessions.
C)Their jobs are less demanding, which gives them additional time to serve as legislators.
D)Government decisions have a greater impact on lawyers and businesspeople.
E)The Constitution give preferential treatment to those in the legal and business professions in terms of easier access to the ballot.

Question 43

Political scientist Janice May,emeritus professor of government at the University of Texas at Austin,states that "Texas has probably the most disintegrated and fragmented administrative organization in the country." Dr.May is alluding to problems related to

A)the nature of the Texas plural executive as structured by the Texas Constitution of 1876.
B)difficulties in the administration of higher education in Texas including the University of Texas system.
C)the organization and administration of the Texas legislature following redistricting problems in the early years of the twenty-first century.
D)structural problems in the operation and administration of Texas counties and municipalities under the current statutory regimen relating to home rule status.
E)the difficulties created by the lack of consistent organization in the courts across the state in the administration of justice in Texas.

Question 44

Which of the following is NOT a way in which the Texas Constitution of 1876 puts severe restrictions on local government in Texas?

A)Each county in Texas has the same basic governmental structure no matter its size or population.
B)Any structural change in a county's government requires a constitutional amendment approved by a majority of statewide voters.
C)Counties are limited in their ability to raise revenue and provide needed services.
D)The restrictions on county and city governments have resulted in the creation of thousands of special district governments across the state.
E)The size and number of counties in the state cannot be changed.

Question 45

Which of the following is NOT a reason cited for the failure of the constitutional revision efforts of the 1974 Constitutional Convention?

A)The convention was comprised entirely of state legislators who considered the revision process "politics as usual" and, thus, bowed to political infighting and pressures.
B)The onerous rules for decision, particularly the two-thirds majority vote needed for adoption of the report and submission to the voters
C)The right-to-work provision demanded by business interested represented in the convention caused tremendous controversy and became a bitter point of contention, particularly with labor union interests represented in the convention.
D)A lack of leadership, centered around the president of the convention, House Speaker Price Daniel, Jr.
E)The uncompromising demands of the religious right represented in the convention which demanded a provision in a new constitution declaring the Christianity the official religion of the state

Question 46

Since its adoption in 1876,the current Texas constitution,as of 2009,has been amended how many times?

A)27
B)115
C)218
D)467
E)518

Question 47

A 1969 amendment to remove "deadwood" provisions from the Texas Constitution of 1876 was proposed by

A)the Texas legislature.
B)the Citizens Advisory Committee.
C)State Representative Anna Mowery.
D)Governor John Connally.
E)the Legislative Council.

Question 48

Between 1966 and 1969,which Texas governor led an effort to revise the Texas Constitution?

A)James Ferguson
B)Beauford Jester
C)John Connally
D)Preston Smith
E)Mark White

Question 49

The Texas legislature's first attempt to call a constitutional convention for a comprehensive revision of the 1876 Texas Constitution was

A)shortly after the Constitution was adopted.
B)during World War II.
C)during the civil rights movement.
D)during the governorship of Ann Richards.
E)during the governorship of George Bush.

Question 50

In what decade were the most amendments added to the Texas Constitution of 1876?

A)1870s
B)1930s
C)1960s
D)1980s
E)2000s

Question 51

One of the consequences of having a statutory constitution is that it

A)makes governing more efficient since the legislature passes laws to expand on the foundational laws set in the constitution.
B)limits executive budgetary prerogative.
C)requires a constitutional amendment to make major and even minor changes in government.
D)grants more budgetary control to the citizens.
E)protects judicial independence.

Question 52

According to Article 17 of the Texas Constitution of 1876,proposed amendments to the constitution must begin with a(n)

A)joint resolution passed by a two-thirds votes of both the Texas House and the Texas Senate.
B)majority vote of special constitutional convention called by the governor.
C)bill introduced and passed by the Texas House and then ratified by the Senate.
D)bill passed by the legislature, signed by the governor, and ratified by three-fourths of the counties.
E)executive order issued by the governor.

Question 53

The Sharpstown scandal in Texas involved which of the following?

A)A number of state officials who were involved in stock fraud and bribery
B)Tax evasion by the sitting governor at the time
C)Voter fraud in state and local government elections
D)Issues concerning state redistricting plans
E)Corruption allegations against the state justices

Question 54

Article 1 of the Texas Constitution of 1876 establishes

A)the executive powers of government.
B)a separation of powers among the three branches of state government.
C)the legislative powers of government
D)a Bill of Rights.
E)the judicial powers of government.

Question 55

What was the result of the 1974 Texas Constitutional Convention?

A)The proposed constitution was passed by the convention but defeated by the voters.
B)The proposed constitution failed on the convention floor but was nonetheless approved by the Texas legislature and forwarded to the voters.
C)The proposed constitution failed to get the required two-thirds vote necessary to submit it to the voters.
D)The proposed constitution was adopted, but it was later discarded by the U.S. Supreme Court for its failure to protect civil liberties.
E)The proposed constitution was adopted by the convention and approved by the governor; however, the Texas Supreme Court declared it unconstitutional and void.

Question 56

The Texas Constitution has NOT been

A)revised in a piecemeal fashion.
B)revised comprehensively.
C)amended.
D)criticized.
E)in effect since 1876.

Question 57

The group that drafted a constitution for the 1974 convention was the

A)Constitutional Advisory Committee.
B)Committee of the Whole.
C)Constitutional Revision Committee.
D)Citizens Committee on the Constitution.
E)League of Constitutional Revisionists.

Question 58

In 1917,the Texas legislature passed a resolution calling for a constitutional convention,but the effort failed when

A)Texas voters defeated the proposed constitutional convention by a three-to-one margin.
B)the Citizens Committee on the Constitution issued an unfavorable report on the effort.
C)Governor Beauford Jester refused to issue a proclamation calling for the election of delegates.
D)Governor James Ferguson refused to issue a proclamation calling for the election of delegates.
E)the publication of a newspaper editorial in the Dallas Morning News entitled "If It Ain't Broke, Why Fix It" was published and the legislature recalled the resolution as a result.

Question 59

Which of the following is true regarding how proposed amendments to the Texas Constitution appear on the ballot?

A)The ballot contains only the number assigned to the proposed constitutional amendment; it does not contain a description of the amendment.
B)The ballot language is not constrained by a prescribed legal style.
C)Proposed amendments are always written in ways that promote understanding of what the amendments would accomplish.
D)The ballot language of a proposed amendment is often incomprehensible without reading the explanations published in advanced.
E)Texas law requires that descriptions of the proposed amendments must be written at a sixth-grade level.

Question 60

Which of the following is NOT a criticism leveled against the Texas Constitution of 1876?

A)Its many amendments, some of which are poorly written and confusing, make for a disorganized government.
B)The numbering of sections in heavily amendment articles is difficult if not impossible to follow due to missing letters and duplication.
C)It reinforces a form of plural executive that limits the power of the governor to implement public policy.
D)Though the constitution declares the governor as the chief executive, it also denies him or her the powers necessary to perform that role.
E)It places virtually no restrictions on local government.

Question 61

Often cited as among the best of all contemporary constitutions,the 1845 Texas Constitution was noted for its straightforward and simple form.

Question 62

The president of the 1974 Constitutional Convention referred to members of the convention who opposed any revision of the existing constitution as

A)revisionists.
B)cockroaches.
C)nay-sayers.
D)anarchists.
E)obstructionists.

Question 63

Which of the following is NOT an argument against adding the initiative process to the Texas Constitution?

A)Provisions in the current state constitution often reflect narrow interests.
B)Not many Texans take part in special elections where constitutional amendments are submitted.
C)Texans pay little attention to the actions of elected officials now.
D)Voters are already ill informed about politics and public policy.
E)The initiative process reduces the power of a legislature and moves policy deliberations into an often hostile public arena.

Question 64

Which of the following would be most likely to support adoption of the initiative process in Texas?

A)Citizen advocacy groups
B)Interest groups who have been successful in their lobbying efforts
C)The U.S. Department of Justice
D)Civil rights advocates
E)Former governors

Question 65

According to the authors of the textbook,under which of the following circumstances is a major constitutional reform effort most likely to take place?

A)Voters begin to believe that the current Constitution is no longer working
B)DNA evidence yields incontrovertible proof that someone who has been put to death was actually innocent of the crime they were convicted of
C)The court system becomes so cumbersome that lawyers no longer want to practice law in Texas
D)It becomes nearly impossible for the legislature to balance the budget
E)Legislators become frustrated with the difficulty of passing important legislation

Question 66

What is the status of initiative and referendum in Texas?

A)Both were adopted in Texas during the Progressive era and are still in effect, giving Texans a direct voice in government.
B)The initiative process was never adopted in Texas, but the referendum process was adopted following the 1974 Texas Constitutional Convention.
C)Texas has neither the initiative nor referendum process.
D)The referendum process was never adopted in Texas, but the initiative process was adopted following the 1974 Texas Constitutional Convention.
E)Initiative and referendum were proposed in the 1875 Constitutional Convention and adopted in the 1876 Texas Constitution.

Question 67

Following the Civil War when Texas sought reentry into the union,presidential Reconstruction required universal adult suffrage.

Question 68

One Texas governor in the past fifty years was a staunch advocate of the initiative and referendum process.Who was he or she?

A)Dolph Briscoe
B)Bill Clements
C)Mark White
D)Ann Richards
E)George W. Bush

Question 69

A so-called "right-to-work" provision states that

A)membership or non-membership in a union cannot be a condition of employment.
B)non-union members cannot benefit from the union's collective bargaining actions.
C)only union members can pay union dues.
D)employers can prevent employees from organizing union membership.
E)employment cannot be denied an individual because of race, color, or national origin.

Question 70

Which of the following reasons did NOT contribute to the electoral defeat of the proposed amendments that resulted from the 1974 Constitutional Convention?

A)The influence of political scandals such as Sharpstown in Texas and Watergate in Washington on voters attitudes toward government and politics
B)The last minute opposition of Governor Dolph Briscoe to the proposed amendments
C)The campaign against the amendments by several interest groups which benefited from aspects of the existing constitution
D)A feeling among voters that the proposed amendments justified replacing the existing constitution
E)Disclosures during trial about the private life and habits of Price Daniel, Jr., the former House Speaker and president of the 1974 Texas Constitutional Convention who was murdered by his wife

Question 71

Under the 1836 Texas Constitution,Texas was separated from Coahuila and each became states under Mexican control.

Question 72

Which of the following is NOT an argument for adding the initiative process to the Texas Constitution?

A)Citizens cannot affect public policy in a direct manner under the existing Constitution.
B)The threat of an initiative would force office holders to be more responsive to the public.
C)Provisions in the current Texas constitution often reflect narrow interests.
D)Texans pay little attention to the actions of elected officials now.
E)Interest groups play a major role in policy development and implementation.

Question 73

Which of the following was NOT a reason for the failure of the 1974 Texas Constitutional Convention to comprehensively revise the 1876 Texas Constitution?

A)The right-to-work provision
B)Cockroaches and revisionists
C)A lack of exceptional political leadership
D)Public outcry and mounting protests
E)The two-thirds rule used in the convention

Question 74

Constitutional revision that unfolds slowly by adding one amendment at a time,with each making a minor change is known as

A)comprehensive revision.
B)piecemeal revision.
C)itemized revision.
D)line item revision.
E)ad-hoc revision.

Question 75

If you are a lobbyist representing a client who benefits from the existing Texas Constitution,all of the below arguments strengthen your position not to reform the Constitution EXCEPT:

A)Citizens aren't likely to participate in special elections
B)Most groups agree there are few flaws in the Texas Constitution
C)Texans look to the Constitution to protect them from government infringement, not to address citizens' needs
D)Legislators are mostly focused on other priorities
E)Citizens prefer tinkering with the Constitution through amendments rather than overhauling it

Question 76

Which of these laws allowed states to establish right-to-work laws?

A)The Taft-Hartley Act of 1947
B)The Norris-LaGuardia Act of 1932
C)The Wagner Act of 1935
D)The National Industrial Recovery Act of 1933
E)The National Labor Relations Act of 1935

Question 77

Which of the following is an obstacle to major revisions of the Texas Constitution?

A)The increased use of the death penalty in Texas
B)Many interests benefit from the existing Constitution.
C)Existing voter registration requirements
D)The unpopularity of the existing initiative process
E)Provisions in the Texas Constitution prohibit any changes to several of the most important and substantive sections of the document.

Question 78

The 1836 Texas Constitution for the Republic of Texas contained a declaration of rights.

Question 79

The president of the 1974 Constitutional Convention referred to members of the convention who would accept nothing less than total revision of the existing constitution as

A)cockroach.
B)obstructionists.
C)revisionists.
D)partisans.
E)deadwood.

Question 80

Following the Civil War,Texas was required to adopt a new constitution that complied with the demands of presidential Reconstruction,and thus,the 1866 Texas Constitution included a provision abolishing slavery.