“Humbly invoking the blessing of Almighty God, the people of the State of Texas do ordain and establish this Constitution”—those are the opening words of the great Texas Constitution with which Texans authorize the state government to govern them. In history, whenever it becomes necessary and proper for a central power, either at the local or national level, to be ordained to govern a mass population a constitution is regarded as an emphatic “pre-requisite to statehood” (Tushnet, 1) . For centuries constitutions have been drafted by nations all over the world functioning as a social contract between the government and the governed and as a supreme law by which everyone within the nation’s borders would have to answer to. Constitutions not only …show more content…
This section is what establishes its premise and formally grants legitimacy of the Texas government. Then the very first Article contains the lengthy Texas Bill of Rights which enumerates the rights of Texas citizens. The document, then goes explicitly into describing the powers of the state government and its institutions with paramount details. To the framers of the constitution power distinction was elemental in securing the welfare of the people and safeguarding against a corrupt government, which was prevalent under the Constitution of 1869 (Ericson, Wallace). The problem which arises from such superfluous language in the Texas constitution is discerning the limitations which are, often times with constitutions, implied simply by looking at the outlined powers of the governing entity and the stated citizen rights and are therefore open for judicial interpretation. A constitution is supposed to legitimize a government, grant powers to governing branches with a system of checks and balances, outline citizen rights, and through the two latter functions distinguish the limitations of the government. The Texas Constitution literally states what each branch and its institutions can do and does not include anything in relation to a “necessary and proper clause” like that in the U.S Constitution to serve as a …show more content…
Following the first few years after adoption few amendments to the Texas Constitution were proposed and even fewer were adopted, but by the late 20th century the number of amendments had skyrocketed exceeding 200 amendments to the original 1876 document. Thus far in total the Texas Constitution has been amended a little over 474 times out of over 600 proposed amendments (Ericson, Wallace). Again, it is important to note that the reason behind this multitude of amendments is owing to the fact that when the original document was drafted the aim of the document was to restrict the state government to an extreme extent so as to insure that it operated with the public will in mind and to guard against possible corruption and power abuse that was prevalent under the previous Republican orchestrated constitution of 1869 (“Texas Politics-The Constitution”). The framers of the Texas Constitution of 1876, out of fear, placed many restrictions on state and local government activities from aspects such as governmental office terms and salaries, to spending activities, public school regulations, etc. In the long run however this proved to be a hindrance to the growing and rapidly urbanizing state and given that no provision was made in the constitution regarding another constitutional
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.
The state of Texas has had six constitutions. The constitution that took effect on February 15, 1876 is the current one still used today. The Texas Constitution is the second longest constitution in the United States, and one of the oldest still in effect. Since the constitution has been adopted it has been
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.
The Texas constitution is very similar to that of the original document of 1876. Newer amendments were created overtime to further the Texas Constitution to a modern form of governing since the first signing and implementation of these original rules. The old draft is said to have had “incorporated protection for various private interests” (Newell 2013). The original draft was “poorly organized”, and difficult to read, much less interpret, even by the courts” (Newell 2013). The final document being outdated influenced critical structure and powers of the government to create the revision.
From all the constitutions that Texas has had throughout the years, the one that has stood out from the rest it would be the 1876 version, which is the one Texas still uses in this current point of time. All throughout history we have had 7 constitutions in Texas all through the time of 1836-1876. So, with all these different versions of the constitution of Texas the real question is where did Texas get the foundation for its constitution? The answer is from the U.S constitution, which leads to the purpose of this essay. We will be discussing the similarities and differences, the historical reasons for the restrictive nature of the Texas Constitution, limiting state government, details and how the bill of rights for both Texas and U.S protects
Over the course of United States history, Texas has always been a peculiar state. It has had it's fair share of triumphs and downfalls, some of which were the Battle of The Alamo, the defeat of the Spanish army, and its acquisition by the United States. Although the history of Texas might seem to dominate the opinions of many, the governmental component is no different. In fact, some have debated if the very foundation of our government is a democracy or a republic. In response, and through thorough research, I have concluded that Texas is, in fact, a democracy, because there is a multitude of electoral systems, an array of elected positions that citizens can run for, and a myriad of court systems to which justice can be served.
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
In recent years, Texas has sued the Department of Justice and the U.S. Department of Homeland Security on these issues, arguing that the federal government infringed on the state’s rights (Satija). Under Abbott’s ninth proposed amendment, states officials would be able to overrule a federal law, making it easier to undermine the Constitution and enter uncharted grounds. While our current balance of powers doesn’t quite align with what America’s founding fathers envisioned, Abbott’s proposal could allot too much power to the states that could threaten our democracy.
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
The government of the state of Texas is a difficult and complicated institution that is composed of many different levels. The question comes in to everyone's mind at one time or another whether or not to trust the government. It could be that people believe that the officials will take advantage of their power, or simply people don't like the idea of being controlled by someone who is not a family member or friend. To avoid this centralized power, the government is divided into stages and this is a reasonable ground for trusting the government. Government runs this state and it does deserve to be trusted.
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
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.