Texas Bars Atheists From Public Office

The Lubbock Avalanche Journal reminds us that the Texas Constitution bars atheists from holding public office. It’s never really been used to keep someone out of office, nor is it likely that any court would uphold it.

But the reason that the law professors give for why it’s still on the books — that the legislature doesn’t want to waste any time on it — doesn’t seem much of an excuse. We’re not talking about the U.S. Constitution, which has been amended only 27 times in 220 years. The Texas Constitution has been amended more than 450 times in just 133 years. It’s not some sacred text that we only rarely change.

Which, come to think it, again raises the question, if our constitution is so narrowly written that it requires our government to constantly make amendments, maybe we need a wholesale rewrite?

6 comments

  1. Wow, that’s deep.

    @ 10:56 am on December 21, 2009
  2. I was in the Visitors Gallery when Price Daniel Jr gaveled the last attempt at a total Texas Constitution re-write into session. After weeks and weeks of wrangling (Right to Work was hot) it died the death of a thousand pin pricks. No one will attempt it again in this generation of politicians. No cojones.

    @ 11:15 am on December 21, 2009
  3. You expect a legislative group that cannot do the basics very well (fund public schools, build highways, tax fairly, draw appropriate voting districts) to execute the monumental task of rewriting our fundamental structural document? What universe do you live in?

    @ 1:30 pm on December 21, 2009
  4. Back in the Nineties, there was a government professor at UT Austin who was the big expert on the Texas Constitution. I think she even drafted a new constitution framework document. She was often called on by emerging democracies to help shape their constitutions (designed after the Texas Constitution, not the US Constitution… Texas must be doing something right.). I’m not sure if she is still around, but her work on the subject is eye opening.

    @ 3:38 pm on December 21, 2009
  5. El Rey, I hate to be the bearer of bad news, but the Texas Constitution is generally considered to be one of the worst state constitutions in all the 50 states. And the U.S. Constitution is generally considered to be one of the best fundamental constitutional documents in the world.

    I don’t how you reached your conclusion that “Texas must be doing something right”, but I would be quite interested to see the underlying facts upon which that conclusion is based. Since my 7th grade Texas government class, I have been taught just the opposite. Can you give us the facts?

    @ 4:34 pm on December 21, 2009
  6. you might check w/ wick, but back in the 70’s – 80’s ray hutchison – then a member of the lege – was named chair of a “re-write” convention. ask him how that worked out.

    m

    @ 8:13 pm on December 21, 2009

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