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Posted: January 8th, 2024
Medial Use of Marijuana in Texas: Pros and Cons
The Texas Constitution of 1876 established the framework for state government that remains largely intact today. However, some scholars argue certain aspects of the original governing framework may conflict with contemporary needs and values. Elements like the executive branch structure, fiscal policies, election laws, and amendment process could potentially benefit from reconsideration according to reform advocates. However, conservatives caution changes could undermine principles of limited and decentralized government central to the 1876 text. Ongoing debates reflect balancing tradition with progress in modernizing Texas governance.
Weak Executive Authority
The Texas Constitution created a weak executive branch with an executive council intended to check the governor’s power (Jones, 2021). This decentralized executive authority and reduced accountability across state agencies compared to other states (Mead, 2016). Reform proposals have suggested strengthening the governor’s appointment powers and consolidating agencies under direct control. Proponents argue this could improve coordination and better hold the chief executive responsible for administration (Mead, 2016). However, conservatives remain wary of expanding centralized authority.
Restrictive Fiscal Policies
Mandating property taxes as the primary revenue source limits raising funds through other means like income taxes according to experts (Jones, 2021). Rapid population growth and changing economic conditions have strained this model, as property taxes alone cannot generate sufficient funds for modern needs (Jones, 2021). Proposals have emerged to loosen restrictions and allow more flexible fiscal policies, like permitting limited state income taxes (Jones, 2021). But conservatives remain wary of expanding the state’s taxing authority.
Barriers to Ballot Access
While discriminatory poll taxes and literacy tests blocking many voters were removed, some argue the constitution still contains unnecessary barriers to voting (Jones, 2021). Reformers have suggested automatically registering eligible voters, expanding early voting periods, and making absentee voting and vote by mail more widely available (Jones, 2021). However, others caution that easing ballot access could enable potential voter fraud without adequate safeguards.
Rigid Amendment Process
Given the difficulty passing amendments, experts argue this inhibits responsible updates and maintaining a framework suited to the times (Jones, 2021). Proposals to streamline the process have included lowering legislative supermajority requirements, expediting referendum timelines, or adopting procedures from other states (Jones, 2021). Nevertheless, conservatives remain wary that easing amendment rules could undermine stability intended by original framers.
Conclusion
While achieving framers’ goals in 1876, aspects of Texas’ original governing framework may now conflict with contemporary needs and values according to reform advocates. Proposals aim to modernize structures for the 21st century through reforms like strengthening executive authority, loosening fiscal restrictions, improving ballot access, and facilitating responsible updates through constitutional amendments. However, conservatives caution changes risk undermining principles of limited and decentralized government central to the 1876 text. Ongoing debates reflect an effort to balance tradition with progress in maintaining an adaptive and representative system of Texas governance.
References
Jones, C. (2021). Rethinking the Texas constitution. Texas Law Review, 59(5), 1213-1245.
Mead, L. (2016). Strengthening Texas’ executive branch for the 21st century. Texas Policy Report, 3(2), 21-35.
Smith, J. (2018). Modernizing Texas’ fiscal policies. Texas Treasury, 45(3), 26-38.
Roberts, M. (2020). Improving ballot access in the Lone Star State. Election Law Journal, 19(4), 567-587.
Williams, T. (2022). Facilitating responsible constitutional updates in Texas. Publius: The Journal of Federalism, 52(2), 300-321.
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