The status of the current Texas Constitution has been a growing source of controversy. Originally written to limit the power of government after Radical Reconstruction (Champagne 84), the 1876 Constitution has remained in effect despite Texas’ dramatic growth and development over the years. The document contains many explicit details that, unlike the U.S. Constitution, leave minimal room for flexibility in interpretation. At 86,936 words in length, the Texas Constitution has thus far required 467 amendments, the fourth highest number within the country (Champagne 91).
Unsurprisingly, many attempts have been made to replace the document with a more modern and applicable one. However, all have failed. In 1974, despite extending the length of the constitutional convention, politicians were unable to unite, broken into several factions. The resulting constitution barely missed the two-thirds majority needed to pass (Champagne 90). Senator John Montford created an updated constitution in 1995, but resigned before his initiative could gain momentum. Another attempt in 1999 by Bill Ratliff and Rob Junell also failed upon not receiving sufficient support in committee (Henson 2.14 V).
Successfully rewriting the constitution requires a large nucleus of support to overcome the many obstacles to its ratification. First, due to the complexity of drafting such a document, a constitutional convention would realistically need to be called. The 1876 Texas Constitution does not explicitly
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.
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
This constitution gave so much independence to individuals that there was no balance between central power and individual and state rights. As people realized the Article was failing they decided to make a new constitution in fear for foreign attack. To make another constitution it required delegates from every state to meet up in Philadelphia to discuss a new constitution. To aid with the process, Federalist Papers were issued to states that were unsure of the new constitution. These Federalist Paper consist of 85 article and essay written by Alexander Hamilton, James Madison, and John Jay under a false name.
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
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
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 the book “A Brilliant Solution: Inventing the American Constitution” by Carol Berkin she explains the constitution from start to finish from how it all began, to the debates inside the convention and finally the end product. Berkin takes the reader and puts him directly in the middle of the convention of 1786; throughout the book you can feel the excitement, the frustration, the tensions between delegates and the overall commitment to making a new government work for all.
The United States Constitution and the Texas Constitution are very alike in many different ways. According to Coleman. M., They both embody the principles that represent a democratic government. They both establish a bicameral legislature with a House of Representatives and a Senate. They both contain a bill of rights that protects certain civil liberties from government infringement. Also, they both seek a separation of powers between judicial, legislative, and executive branches. With that being said, The Texas Constitution and the Unites States Constitution are completely opposite in many ways as well. The United States Constitution was built with the thought that the Articles of Confederation provided a government that was too decentralized
Constitution DBQ After the revolutionary war, the Articles of Confederation were written and in effect for 6 years. Then they realized that they needed to be revised. During the constitutional convention, they were just supposed to revise the Articles of Confederation. Instead they went away with the Articles and started to write a new constitution. Many people didn’t think the new constitution would guard against tyranny, but it did.
All fifty states have a constitution and the purpose of having a state constitution is to establish institutions and set broad rules and laws governing the state. There are multiple functions of having a state constitution. Texas has had seven different constitutions currently Texas is operating under the Constitution of 1876. In 1827, Texas was declared a state of Mexico. Texas’ break with Mexico was, in part, a constitutional crisis. In 1836, Texas Declaration of Independence was formed and in on March 2nd, Texas Declared an independence republic. The Constitution of the Republic of Texas of 1836 had numerous rules. Such as, slavery was allowed, there are three separate branches, and banned importing slaves from Africa. Next, there were movements
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.