The first constitution of Texas adopted on March 1, 1836 opens with these words, “We, the people of Texas, in order to form a Government, establish justice, ensure domestic tranquility, provide for the common defense and general welfare; and to secure the blessings of liberty to ourselves, and our posterity, do ordain and establish this constitution”. (“Constitution of Republic of Texas” pp. 9-25.) Created in 1836, the first Constitution of the Republic of Texas was born. Fearful of attack by Mexican troops, fifty nine delegates, borrowing from other State Constitutions and the United States Constitution, met at the Washington-on-the-Brazos to write the first Constitution for Texas as an independent unitary body of Government. (Haag …show more content…
(Haag and Keith p. 37) Adapted from Spanish-Mexican law, tax exemptions, protection of homesteads, and community property rights, were some of the most important provisions put into the 1836 constitution that Texas adopted upon its separation from Mexico. (Ericson, Joe E.) Evolving from the English criminal court system, the provisions calling for the application of judiciary law were widely used and preferred by most white American settlers when trying criminal court cases. (Ericson, Joe E.) Provisions adopted from other Southern States were a direct reflection of where most of the fifty nine delegates who drafted the first Texas Constitution came from. (Ericson, Joe E.) Priests were not allowed to hold a public office, there was the abolishment of imprisonment for debt, and short office terms of representatives and judges were all provisions that reflected the uncommon practices of a Southern Jacksonian view point. (Ericson, Joe E.) One main provision and the longest provision under the general provisions of the 1836 Texas Constitution that took precedence over all other laws and provisions were related to land. Centered around the protection of the rights of the people who had come to Texas because of the attraction of Texas lands, Section ten under General Provisions of the first constitution states, “All citizens now living in Texas, who have not received their portion of land, in like manner as
Texas is a prime example of the state constitutions in general. Ever since the integration
Texas has been through a lot of changes and constitutions. After constants debates of what the constitution should be, the current Texas constitution was established in 1876 and is the 7th constitution Texas has had. It created 3 branches of government: Legislative, Executive, and Judicial. The current constitution has great qualities, but it also contains a lot of weaknesses that shouldn’t be ignored for the sake of pride.
In the Texas Constitution it talks about information that just deals with Texas alone, that the U.S. Constitution doesn't have. For one, it talks about Education. Explaining how it shall be the duty of the Legislature of the state to establish and make suitable provisions for the support and maintenance of an efficient system of public free schools. The Texas Constitution also includes information about corporations, municipal and private. It has the Spanish and Mexican Land titles under it which no other state has in their constitution. And finally the Texas Constitution establishes rules concerning railroads.
Yet another reason why Texans might have revolted was that they were trying to preserve and maintain the political values and economic gain while under the Constitution of 1824. It gave Texas a steady population flow of American migrants moving onto Texas soil. It also gave them political liberty, freedom to own slaves and a steady economic progression. But Antonio Lopez de Santa Anna, president of Mexico, wished to impose a stricter rule which could also explain why Texas felt the need to separate from Mexico.
In 1836, the new Texas Constitution was written during the war for independence which had a separation of governmental powers, a bill of rights, a bicameral legislature. This had many adopted aspects from the Spanish and Mexican laws. In 1845, was modeled after other southern states and therefore referred to as the Statehood Constitution (Newell, 44). It embraced democratic principles and was influenced by Jacksonian democracy. In 1861, the Constitution was modified when Texas joined the Confederate States of America, this was called The Civil War Constitution. This is when Texas seceded to join the confederacy. In 1866, was on the losing side of the war and Texas was ordered by Andrew Jackson to revise the document. This new document abolished slavery and declared secession illegal. In 1869, reconstruction of the Constitution happened yet again because radical reconstructionists in Washington wanted southern states to write new constitutions with tougher standards. The present constitution the document was careful about what government could do and couldn’t do. This document has changed a bit and has had over 467 revisions but it is still the document that is used present day.
Texas and California are two states in the US that are comparable in terms of their population, resources, size, economy and constitution. The Texas Constitution is the foundation of the statehood of Texas within which the government operates in the same way that U.S. constitution governs the affairs of the whole country with its allocated power. The Texas constitution has a huge influence on the daily lives of Texans Possibly even more than the U.S. Constitution. Although all states have its own constitution, Texas and California have different ways in which they gained their constitution. Like most state in the U.S. The state of California gained its constitution after the civil war, the constitution was ratified in 1879 and It is similar to the Texas constitution in many ways. Both constitutions are founded on the unanimous vote of its people and are grounded by the rule of
When President of Mexico, Antonio Lopez Santa Anna, abolished the Constitution of 1824 and turned the government towards centralism; Texians and Tejanos rebel to bring back the Constitution of 1824. However, before they can begin their fight to Goliad and San Antonio, the men need a leader; someone with great fame and popularity in Texas. The man they choose is Stephen F. Austin, who has much renown in the region. Austin has an outstanding knowledge in many areas, whom the people of Texas will always follow. They are always willing to listen to his advice on certain situations and topics. Austin’s history is what makes him the great man that people still believe and love. Today, he is seen as the Father of Texas because his work and dedication lead to its future growth.
The Texas Constitution has evolved in many ways throughout history. Before the current constitution there were five predecessors. There were many factors that effected each of the five constitutions. After very long governance by Spain and Mexico and a small war with Mexico, the Texans finally won their independence. The first constitution had become official in September of 1836. This first constitution was called the Republic Of Texas Constitution. After struggling for about nine years to become apart of the Union, Texas’s second constitution was created. The Second constitution was called the Statehood Constitution and was thought to be one of the best constitutions of time. The Jacksonian Democracy greatly influenced the Statehood Constitution. The idea of the Jacksonian Democracy was to increase the people’s participation in the government. This Constitution lasted about 16 years until Texas joined the Confederate Sates of America in 1861. This third constitution was called the Civil War Constitution. The main goal was to modify the
From March 2, 1836 to February 19, 1846, Texas as its own independent country in North America. Those who resided in this independent country were referred to as Texians. Texas declared its independence from Mexico in 1836 during the Texas revolution which ended on April 21 of that same exact year. However, Mexico did not want to give the Republic of Texas its independence which resulted in conflicts between that of Texas and Mexico that went on into the 1840s. As a result, The United States of America recognized the Republic of Texas as an independent country in 1837 but failed to append their land. Later receiving its independence, Texas elected a Congress of fourteen senators and twenty-nine representatives in the month of September and year of 1836. However, within the Republic, citizenship was not a privileged for everybody living in Texas. Not everybody had legal rights to reside within the limits of the Republic without Congress permission. The Constitution of the Republic of Texas created differences for each and every ethnicity for each individual person. Meaning, whoever was there on the day the Republic of Texas won their independence had to be classified as a citizen of the Republic including Africans, those with African descent, and Native Americans. For Caucasian immigrants to become citizens they would have to had lived in the Republic for six months or less and take an oath. Those who were brought to Texas as a slave had to stay a
On September 17, 1787, the U.S. constitution was signed. The U.S. constitution is a document that has a set of rules, guidelines, and principles that governs our nation. This constitution is the oldest written national document and has had 27 amendments. The current Texas constitution is the seventh document written for Texas. The previous six were all when Texas was still apart of Mexico. The current constitution hasn’t been revised since 1876, which makes it the longest state constitution in the United States.
In my analysis of the Texas Constitution I will assess the three branches of our State Government, the Legislative Branch, Executive Branch and finally the Judicial Branch. Our State Government resembles our National Government in various ways but also in very different ways which we will review in this essay. I will identify a handful of criticisms and problems associated with the provisions in each of these branches of our State Government and identify suggested reforms that many feel are needed.
The constitution mandates the legislators to hold biennial sessions; however, the governor also has the constitutional power to call for special or emergency sessions. Accordingly, the constitution empowers the legislators to amend the constitution, set policies, and also manage all state run institutional affairs. As mentioned in the first question, the constitution empowers the legislators to conduction processes such as legislative oversight and constituent functions, which are necessary whenever it comes to the implementation of government policies and programs. In a nutshell, the constitution of Texas simply provides a means for the legislators to follow the law especially when it comes to performing critical functions of the
In 1835 Texas was part of the Mexican state of Coahuila. Texas and its residents were governed as citizens of Mexico. For many years Mexican policies had rarely caused concern in Texas, although a large part of the population were Anglo-American immigrants who were attracted by the generous land policies.
In 1822, Stephen F. Austin established one of the first courts in Texas and appointed a provisional justice of peace. Since Texas was a part of Mexico at the time, the Mexican governor replaced the justice of peace with three elected officials. (Utexas) Soon after Independence, the republic of Texas under the 1836 Constitution, established a supreme court and allowed Congress to create inferior courts. Judges in such courts were to be elected by Congress. Counties, at the time, had County and Justice of Peace courts, whose judges were popularly elected. With the entrance of Texas into the Union and the adoption of numerous constitutions during the period, Texas retained a similar judicial structure. The current 1876 Constitution created a
There has been seven Texas Constitutions since 1827 including our current Constitution, which was established on 1876. Our current constitution has been amended hundreds of times because of its tight restrictions. The Legislative department is the dominant branch of the Texas Constitution it is subject to check and balances in the tripartite system. The Executive department limits the government’s power, and the judicial powers is divided into smaller courts. These three branches of the Texas are examples of how restricted and limited our constitution is.