Time for a new state constitution?
The Dallas Morning News editorializes that we do.
Our state has many things going for it, but our constitution probably
isn’t one. Mostly, it’s a relic of a bitter, bygone era after the Civil
War and Reconstruction left Texans in ill humor when it came to
trusting state leaders.
The solution was a constitution that takes
power from the elected and gives it to the electorate. That may sound
well and good, but in Texas, voters must return to the polls every two
years, usually the November after a Legislature, to ratify or reject
many issues that barely register on statewide public radar.
Turnout is typically less than 10 percent — often far less.
Does an entire state need to weigh in on whether El Paso County can tax
itself to create a parks district (2011)? Important, perhaps, in El
Paso County, but the other 253 have their own situations.
This
year, every Texas voter can help decide whether to repeal a
constitutional provision on creating a hospital district in Hidalgo
County. Again, no small issue there, but elsewhere? Still, it’s on the
list as Proposition 8 among nine amendments on the Nov. 5 ballot.
Unlike
the U.S. Constitution — which has been amended 27 times — the Texas
Constitution functions as a limiting document. With no equivalent of the
“necessary and proper clause,” our state’s document has grown like
kudzu. It may not be the longest in America, but it’s a contender
(Alabama and California are even worse).
After Nov. 5, Texas
voters will have weighed in on more than 660 amendments, many of the
intensely local or fabulously obscure variety. To date, about 73 percent
have been approved.
This editorial board will research and
dutifully recommend outcomes on the nine amendments this year and
publish them in the coming days. It’s the least we can do.
The
least our leaders could do is give some serious thought to whether this
is any way to run a state. If nothing else, asking each of Texas’ 254
counties to hold these elections every two years costs money that could
better go elsewhere.