when it arises in judgment.
Morton v. Gordon, Dallam 396, 397-398 (Tex.1841). If the system is not "efficient" or not
"suitable," the legislature has not discharged its constitutional duty and it is our duty to say
so.
The Texas Constitution derives its force from the people of Texas. This is the fundamental
law under which the people of this state have consented to be governed. In construing the
language of article VII, section 1, we consider "the intent of the people who adopted it."
Director of Dep't of Agriculture and Env't v. Printing Indus. Ass'n, 600 S.W.2d 264, 267
(Tex.1980); see also Smissen v. State, 71 Tex. 222, 9 S.W. 112, 116 (1888). In determining
that intent, "the history of the times out of which it grew and to which it may be rationally
supposed to have direct relationship, the evils intended to be remedied and the good to be
accomplished, are proper subjects of inquiry." Markowsky v. Newman, 134 Tex. 440, 136
S.W.2d 808, 813 (1940). However, because of the difficulties inherent in determining the
intent of voters over a century ago, we rely heavily on the literal text. We seek its meaning
with the understanding that the Constitution was ratified to function as an organic
document to govern society and institutions as they evolve through time. See generally
Printing Indus., 600 S.W.2d at 268-269.
The State argues that, as used in article VII, section 1, the word "efficient" was intended to
suggest a simple and inexpensive system. Under the Reconstruction Constitution of 1869,
the people had been subjected to a militaristic school system with the state exercising absolute
authority over the training of children. See Tex. Const. art. VII, § 1, interp. commentary
(Vernon 1955). Thus, the State contends that delegates to the 1875 Constitutional
Convention deliberately inserted into this provision the word "efficient" in order to prevent
the establishment of another Reconstruction- style, highly centralized school system.
While there is some evidence that many delegates wanted an economical school system, there
is no persuasive evidence that the delegates used the term "efficient" to achieve that end. See
Journal of the Constitutional Convention of the State of Texas 136 (Oct. 8, 1875); S. McKay,
Debates in the Texas Consitutional Convention of 1875 107, 217, 350-351 (1930). It must be
recognized that the Constitution requires an "efficient," not an "economical," "inexpensive,"
or "cheap" system. The language of the Constitution must be presumed to have been
carefully selected. Leander Indep. School Dist. v. Cedar Park Water Supply Corp., 479
S.W.2d 908 (Tex.1972); Cramer v. Sheppard, 140 Tex. 271, 167 S.W.2d 147 (Tex.1943). The
framers used the term "economical" elsewhere [FN2] and could have done so here had they
so intended.
FN2. "The legislature shall not have the right to levy taxes or impose burdens upon the
people, except to raise revenue sufficient for the economical administration of the
government ..." Tex. Const. art. III, § 48 (1876, repealed 1969).