The Seven Constitutions of Texas

1. The Seven Constitutions of Texas A Brief Tour

2. Influences on the Texas Constitution • Political Culture • Traditionalism • Individualism • Shared history with Mexico • Coahuila y Texas • Spanish Common Law tradition • Texas Independence • Jacksonian Democracy • Independent Nation-State (1836-1846) • Civil War & Reconstruction • Union Army Occupation • Radical Reconstruction Constitution • Distrust of Centralized executive power

3. 1824: Coahuila y Tejas • Texas stands as the northern part of Mexico’s largest State. • Sparse population of loyal Mexican citizens • Tribal populations generally would not consent • Mexico issues land grants to foreign investors under specific conditions • Consent to reside on the land grant • Consent to jurisdiction of the Federal Republic of Mexico • Consent to join the Roman Catholic Church • Consent to conduct all official and legal business in Spanish • Consent to emancipate anyone held to service or labor • Tejas files at least four Division Petitions • Citing inadequate representation at the State Capitol in Saltillo • Dividing Coahuila y Tejas • At El Rio Bravo del Norte OR • At El Rio Nueces • All petitions were declined

4. 1836: The Texas Revolution • Part of a larger revolt • Antonio Lopez de Santa Anna suspends Federal Constitution • Attempts to establish a unitary state • Installs himself as de facto dictator • Uprisings in multiple states • Coahuila y Texas, Durango, Guanajuato • Michoacan, Queretaro, San Luis Potosi, • Yucatan, Zacatecas • Lopez officially resigns the Presidency in order to lead the Mexican Army into Zacatecas and Tejas

5. The Republic of Texas (1836-1846) • Establishes a Unitary Republic • Institutional Separation of Powers • Legislative • Unicameral Congress • Executive • Directly elected President • Judiciary • A supreme national court • Challenges to Texas Independence • Insecure border with Mexico • Lopez considers Texas a ‘rebel province’ • Lopez’ army invades at least twice • Economic instability • Mexico only viable trading partner • Nearest Accessible US port: New Orleans, against the Gulf current • Insecure and ill-defined Western and Northern boundaries • Lipan, Chiricahua, Qohadi and Kiowa oppose both Texas and Mexican government • Texas Annexed in 1845 • Allows US protection • Allows Texas to join the US by forming up to five states • Texas joins as a ‘slave state’ to balance pro-slavery/anti-slavery factions • after the Missouri Compromise of 1820

6. The State of Texas • The US-Mexican War • Texas annexation= declaration of war • 1846-1848 • The Texas Constitution up to 1850 • Similar to the Republic of Texas • Reflects having joined the United States • After 1850 • Texas Constitution reflects Jacksonian Democracy • Plural elected executive • Elected court system

7. State of Texas in the CSA • Texas and the Union • Texas claim that the US is a confederation • Texas legislature narrowly moves to secede • perceived violation of reserved powers • Texas citizens deeply divided on secession • Texas Ordinance of Secession • Texas secedes from the US • Constitution amended to reflect secession • Civil War erupts

8. First Reconstruction (1866) • Conditions for rejoining the US as a state • Rewrite the state constitution • Ratify the 13th Amendment • Constitution must be approved by the US Congress • Texas’ first attempt • Written largely by former Confederates • Retains language of the 1836 Constitution • Establishes two distinct classes of citizens—the “Black Codes” • Rejected by US Congress

9. Second Reconstruction (1869) • Former Confederates boycott Texas Constitutional Convention • 1869 Constitution • Radical and Moderate Republicans • Establishes a state government unfamiliar to most Texans • Legislative • Annual sessions • Debt provisions • Executive • Unitary Executive (Governor) • Strong Appointment power • Initiative power • Strong emergency powers • Judiciary • Appointed by the Governor • Governor Edmund J. Davis • Appoints Radical Republicans to top positions in state government • Appoints Radical Republicans to state courts • Establishes a state militia and state police force • Used to enforce 13th and 14th Amendment restrictions against States • Paid for with money borrowed from Railroad companies • Made up largely of freedmen (former slaves)

10. The Election of 1873 • Hotly contested election • Both Davis and his Southern Democrat opponent claimed victory • Numerous allegations of voter fraud and “ballot stuffing” • Davis requests Federal Military assistance to put down a revolt • Grant refuses to send troops • Legislature threatens impeachment • Davis resigns • The New Governor (Richard Coke) and the Texas Legislature call a Constitutional Convention

11. The Constitution of 1876 • Foundation for the Current Texas Constitution • Reaction to Reconstruction • Resurrects prior constitutional forms • Severely restricts state government • Legislative branch • Limited to biennial sessions of 140 days • No power to call special sessions • Balanced budget requirement • Executive branch • Plural executive • Multiple independently elected executive offices • Governor chief executive in name only • Judicial branch • All courts except municipal courts directly elected • Amended in the 1880s to split the Texas Supreme Court into two Courts