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Evolution of Texan Constitution: From Rebellion to Statehood

This article explores the transformation of Texas's constitutions, from rebellion days to statehood, touching on key milestones and changes in government structure. It delves into the evolution of rights, powers, and the amendment process of the Texan constitutions.

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Evolution of Texan Constitution: From Rebellion to Statehood

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  1. Chapter 2 –The Texas Constitution

  2. Constitutional Government • Constitution • Document that establishes principles, powers, and responsibilities of government • Bill of Rights • A formal declaration of the rights of the citizens within government

  3. Constitutional Government • Legitimacy of government rested on the consent of the governed • Social Contract • Individualism valued • Separation of powers among three branches

  4. The Roots of Rebellion and the Declaration of Independence • 1827 Constitution of the State of Coahuila and Tejas • Three branches of government • Freedom of speech • All Catholic • Limited voting rights to those who could read and employed • High point of liberty for Mexican colonists

  5. The Roots of Rebellion and the Declaration of Independence • Declaration of Independence • March 2, 1836 • Mexico abandoned the constitutional principles of the Constitution of 1824 • Compromised the republican principles of self-government and representation

  6. The 1836 Constitution of the Republic • Voiced the ideals of frontier independence • Prohibition of monopolies for businesses • Separation of powers • Most authority in legislature • Aversion to centralized power

  7. The 1836 Constitution of the Republic • Slavery • Government cannot prohibit • Emancipated slaves must leave Texas • Strong linkage to slavery prevented entrance into the United States

  8. The 1845 Constitution of the (New) State of Texas • Joining the United States • Slavery issue • Mexico threatened war • James Polk initiated Texas joining • Formal entry in December of 1845 • Needed a new state constitution

  9. The 1845 Constitution of the (New) State of Texas • Modeled after Louisiana Constitution • Similar to Constitution of 1836 • Legislative Branch • Doors of legislative building physically kept open during sessions • Legislators paid $3 each day • More muscular judicial authority • Greater access to court system

  10. The 1845 Constitution of the (New) State of Texas • Homestead Law • Came out of Constitution of 1845 • Prevents Texans from losing homes in event of bankruptcy • Settlers left creditors behind when came to Texas, did not want to lose homestead • Women allowed to own property if owned before marriage or acquired during marriage

  11. Secession, Reconstruction, and The Constitutions of 1861, 1866, and 1869 • Decade of 1860s: Constitution rewritten three times • 1861 • Confederacy Constitution • 1866 • Readmission Constitution • 1869 • Reconstruction Constitution

  12. The Constitution of 1876-The Current Constitution • Return to limited government and frugality • Principles • Popular Sovereignty • Limited Government • Separation of Powers • Personal Rights and Liberties

  13. The Constitution of 1876-The Current Constitution • Popular Sovereignty • The people rule through suffrage • Constitution extended suffrage to all males • Limited Government • Impact of government is kept as small as possible • Fragment executive branch • Plural executive • Separation of Powers • Each branch specializes • Greatest authority in Legislative Branch • Personal Rights and Liberties • Liberty, equality and freedom

  14. Amending the Constitution • Constitutional Amendments • 673 proposed since 1876 • 491 approved • Changes to state government that requires expanding state authority • Pass rate • Most amendments put to voters pass • 74 percent have passed • Low citizen participation • Legislators require voters to decide controversial issues

  15. Amending the Constitution • Four Step Process for Amendments • Two-thirds of both houses of the legislature propose an amendment • Secretary of State and Attorney General approve • Voters have final say: majority must approve • Governor finalizes the new amendment with a proclamation

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