The Texas Constitution of 1876 Essay Sample
Texas adopted a new constitution after the Civil War. As portion of the Constitution of 1866, Texas refused to admit the 13th amendment and subsequently the fourteenth. Even with this refusal, African Americans were treated better in the Fundamental law of 1866 so in any other former Confederate State or in any former Texas jurisprudence. Indeed, the Constitution of 1836 required that free African Americans seek blessing in order to stay in the Republic ( Devereaux 55 ) . This demand was removed in 1837, but the Ashworth Law in 1840 gave those two old ages to either go forth Texas, obtain permission to remain, or be sold into bondage ( Deveraux 55 ) .
As Reconstruction came to an terminal, Texans prepared to compose, yet once more, another constitution. This was intended to extinguish what many considered the Radical Constitution of The revision was foremost attempted by legislative joint commission, but the House of Representatives wanted to guarantee the citizens so the method was put to a ballot. The electors approved a convention of three delegates from each province senatorial territory ( Frantz 124 ) . There were 30 senatorial territories, so therefore there were 90 delegates. Of these, 75 were Democrats and fifteen were Republicans. Eighty four of the delegates were white and six were African Americans. Occupationally, 40 were husbandmans who belonged to the Grange, three had been Union soldiers, and over 20 had served as officers for the Confederacy. One of the delegates had helped compose the Constitution of 1845, eight had served on the Convention of 1861, and one was a framer of the Constitution of 1869 ( Frantz 124 ) . Therefore there was some consistence and some diverseness in the make-up of the deputation.
The 1876 version besides specifically set forth several subdivisions devoted to higher instruction in Texas. Section 10 established the University of Texas, to be located by a popular ballot, to educate in the humanistic disciplines and scientific disciplines. The University of Texas was specifically required to hold an agricultural and mechanical section. ( Texas Legislative Council 94 ) . Section 11 created a lasting university fund and Section 12 dealt with the land set apart for the University Fund. Section 13 dictated that the Agricultural and Mechanical College of Texas, which had been founded in 1871, was to be made a subdivision of the University of Texas and the Legislature was straight instructed to supply support for “the building and completion of the edifices and improvements” for the university at its following session ( Texas Legislative Council 95 ) .
The Texas province legislative assembly met as a “Committee of the Whole” in 1974 to make a replacing for the Constitution of 1876. This legislative assembly showed no more understanding than the Godheads of the 1876 constitution did with respects to the success of the Federal Constitution. The United States Constitution derives its illustriousness from the fact that it is wide in nature ( Frantz 125 ) . Every particular involvement group was allowed to hold input in the new bill of exchange. This resulted, one time once more, in a papers that got lost in the inside informations. The Committee was embroiled in argument after argument in what to include or what non to include ( Frantz 125 ) .
After the bill of exchange was finished and several months and 1000000s of dollars expended, the 1974 legislative assembly refused to accept the bill of exchange or let a public ballot on credence. In 1975, the new legislative assembly sent out eight subdivisions to be voted on individually. When the consequences were tallied, the electors had rejected, by borders that ran every bit high as three to one, all eight subdivisions. As a consequence, the State of Texas has a constitution still in force that was originally written in 1876 that does non hold the wide linguistic communication and snap of the Federal Constitution ( Frantz 125 ) . The current Constitution runs 189 pages in 17 Articles, with about 99,000 words ( Texas Legislative Council 1 ) . In contrast, the United States Constitution runs about 15 typed pages in 7 articles, with 20 seven amendments. The entire word count, including all amendments, is about 8000.
Fundamental law OF 1876
Fundamental law OF 1876. The Fundamental law of 1876 is the 6th constitution by which Texas has been governed since independency from Mexico was achieved in 1836. It was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by a ballot of 136,606 to 56,652, and it remains the basic organic jurisprudence of Texas. The constitution contains some commissariats that are unambiguously Texan, many of which are merchandises of the province 's unusual history. Some, for illustration, may be traced to Spanish and Mexican influence. Among them are subdivisions covering with land rubrics and land jurisprudence in general, debitor alleviation, judicial processs, matrimonial dealingss and acceptance, and H2O and other mineral rights. Other untypical commissariats may be attributed to the duplicate influences of Jacksonian agrarianism and frontier radicalism-both prevalent when Texas foremost became a province and both widely supported by the majority of immigrants to Texas before the Civil War. Those influences produced subdivisions forbiding Bankss and necessitating a stricter separation of church and province than that required in older provinces. Reconstruction, under the extremely centralised and comparatively bossy disposal of Governor Edmund J. Davis and his fellow Radical Republicans, prompted commissariats to decentralize the province authorities. Upon recovering control of both the legislative and executive subdivisions of the authorities, the Democrats determined in 1874 to replace the unpopular Fundamental law of 1869. They wanted all functionaries elected for shorter footings and lower wages, abolishment of elector enrollment, local control of schools, badly limited powers for both the legislative assembly and the governor, low revenue enhancement and province outgos, rigorous control over corporations, and land subsidies for railwaies.
Early on in 1874 a joint legislative commission reported an full new constitution as an amendment to the Constitution of 1869. Because the papers had non been prepared by a convention and because of the possibility that its acceptance might antagonise the federal authorities, the legislative assembly rejected the proposal. On the advice of Governor Richard Coke, the following legislative assembly submitted the inquiry of a constitutional convention to the electors, who, on August 2, 1875, approved the convention and elected three delegates from each of the 30 senatorial territories. In the convention, which convened on September 6, 75 members were Democrats and fifteen, including six inkinesss, were Republicans. Not one had been a member of the Constitutional Convention 1868-69, forty-one were husbandmans, and no fewer than 40 were members of the Patrons of Husbandry ( The Grange ) , the hawkish husbandmans ' organisation established in response to the Panic of 1873. In the convention the Grange members acted as a axis in support of conservative constitutional steps. To guarantee that the authorities would be antiphonal to public will, the convention exactly defined the rights, powers, and privileges of the assorted governmental sections and bureaus, including many inside informations by and large left to the legislative assembly.
The Constitution of 1876 began with a drawn-out measure of rights. It declared that Texas was a free and independent province, capable merely to the Constitution of the United States, that all free work forces have equal rights, and that the writ of habeas principals could non be suspended or unduly delayed. The article besides forbade spiritual trials for office ( except recognition of the being of a Supreme being ) , unreasonable hunts, and imprisonment for debt, and it guaranteed autonomy of address and imperativeness, the right of the accused to obtain bond and to be tried by a jury, and the right of citizens to maintain and bear weaponries. The legislative article defined the powers and restrictions of the legislative assembly in great item. The legislative assembly was to be composed of two houses, a Senate to dwell of 31 members and a House of Representatives ne'er to transcend 150 members. Senators and representatives were to function footings of four and two old ages, severally. Legislators were to have milage allowance and non more than five dollars a twenty-four hours for the first 60 yearss of each session and two dollars a twenty-four hours thenceforth. The legislative assembly, which was to run into biyearly, could incur no liability greater than $ 200,000 and could set up no office for longer than two old ages. It was required to impose revenue enhancements on all belongings in proportion to its value and to keep its Sessionss in Austin. The executive article provided for seven officers-governor, lieutenant governor, secretary of province, accountant of public histories, financial officer, commissioner of the land office, and lawyer general. All except the secretary of province were to be elected by the electors for a term of two old ages but with no restrictions on eligibility for new footings. All wages were reduced, that of the governor from $ 5,000 to $ 4,000. The governor was empowered to convene the legislative assembly in particular Sessionss, to name out the reserves to put to death the Torahs, to stamp down rebellions, to protect the frontier against hostile Indians, and to blackball Torahs and points in appropriations measures ; his veto, nevertheless, could be overridden by a two-thirds ballot of both houses. The governor was besides empowered to do certain assignments, fill vacancies, and do the Torahs to be dependably executed but was given no control over local or other elective province functionaries. The judicial article provided for a supreme tribunal, a tribunal of entreaties, territory tribunals, county tribunals, commissioners ' tribunals, and justnesss of the peace. All Judgess were to be elected by popular ballot, with footings of six old ages for the supreme and condemnable entreaties tribunals, four old ages for the territory tribunals, and two old ages for all other tribunals. The figure of territory tribunals was placed at 26, but the legislative assembly was authorized to set up others as needed. The Texas Supreme Courtqv, composed of three Judgess, was vested with appellant legal power in civil instances merely, and the tribunal of entreaties, composed of three Judgess, was vested with appellant legal power over all condemnable instances and certain categories of civil instances. The territory tribunals received original legal power ( in condemnable instances ) over felonies and over misdemeanours affecting official misconduct and ( in civil instances ) over a long list of categories of suits. The territory tribunals were given appellant legal power over the county tribunals in probate affairs. The article besides mandated a tribunal in each organized county with original legal power over misdemeanours non granted to the tribunals of justnesss of the peace and certain civil instances and appellant legal power in instances arising in the justness of the peace tribunals. The tribunals of the justnesss of the peace, non fewer than four or more than eight in each county, were granted legal power in civil and condemnable affairs affecting non more than $ 200 in contention or in punishments. The commissioners ' tribunal was to dwell of the county justice and four elected commissioners, one from each commissioner 's precinct.
The article on instruction drastically changed the system established by the Republicans in 1869. In the first subdivision the framers ordered the legislative assembly to set up and do proviso for the support and care of an efficient system of public free schools but so added commissariats that made that directing impossible. To back up the system the article authorized the legislative assembly to impose a canvass revenue enhancement of one dollar on all male dwellers between the ages of 21 and 60 and to allow non more than one-quarter of the general gross. In add-on, it set aside as a ageless fund all returns from lands antecedently granted to the schools, including all the alternate subdivisions of land already reserved for the province or afterwards reserved out of grants to railwaies or other corporations ( as specified in the Fundamental law of 1866 ) , and the returns from the sale of one-half of all other public lands ( as prescribed by an act of the legislative assembly in 1873 ) . The papers abolished the office of province overseer, founded a board of instruction composed of the governor, accountant, and secretary of province, eliminated mandatory attending, provided for unintegrated schools, and made no proviso for local school revenue enhancements. The Fundamental law of 1876 provided for the constitution of the University of Texas and made Texas A & M, which had been founded by the legislative assembly in 1871, a subdivision of it. The constitution farther required the legislative assembly to set up an establishment of higher instruction for the direction of the black young person of the province. To back up the university and its subdivisions the constitution set aside one million estates of the public sphere, with all gross revenues and returns therefrom to be placed in a Permanent University Fund. It besides provided that returns from the lands antecedently granted for the constitution and care of the university ( including the fifty-league grant by the legislative assembly in 1858 but non the tenth part of the alternate subdivisions of land granted to railwaies ) and all hereafter grants would for good belong to the university.
The constitution besides provided for precinct vote and mandated a canvass revenue enhancement, but non as a requirement for vote. It provided for homestead grants of 160 estates to caputs of households and 80 estates to individual work forces eighteen or more old ages of age, and for protection against the forced sale of a homestead for debt. It declared railwaies to be common bearers, forbade their consolidation and farther assistance in grant of money or bonds, and authorized the legislative assembly to ordain regulative Torahs, including maximal cargo and rider rates. To advance the building of new path, the papers authorized the legislative assembly to allow the railwaies 16 subdivisions of public land for each stat mi of route constructed. It prohibited the province from renting Bankss but mandated the legislative assembly to ordain general Torahs for the constitution of private corporations other than Bankss, that would supply to the full for the equal protection of the populace and single shareholders.
Overall, the Constitution of 1876 complied with public sentiment. It provided for two-year Sessionss of the legislative assembly, low wages for public functionaries, precinct vote, abolishment of the route revenue enhancement, and a return to the road-working system ; for a homestead freedom clause, warrants of a low revenue enhancement rate, a less expensive, locally controlled, segregated school system, and a less expensive tribunal system ; for county and justness of the peace tribunals ; and for popular election of officers. It besides prohibited the enrollment of electors and grants of money or bonds to railwaies. The papers was equal for a rural people engaged chiefly in subsistence agriculture, but non for an urban-industrial-commercial society. Very few alterations were made during the first half century of the constitution 's being, but since so it has been changed at a steadily increasing rate. Changes are made through amendments submitted to the electors by consent of two-thirds of the members of each house of the legislative assembly and approved by a bulk of those voting. Of 99 amendments submitted by September 1928, merely 43 were adopted, but by 1980 the electors had approved 235 proposals. No proviso was made in the constitution for naming another constitutional convention. On several occasions at that place has been considerable agitation for a new papers, but the electors defeated a proposal for a constitutional convention in 1919, and in 1975 they rejected an extended alteration prepared by the legislative assembly. The constitution 's more than 63,000 words make it one of the most long-winded of province fundamental laws. Its wealth of item causes it to resemble a codification of Torahs instead than a constitution. Its many demands and restrictions on both province and local authoritiess make it one of the most restrictive among province fundamental laws. Some of its transitions are so ill drafted as to necessitate elucidation for apprehension, and others have been declared by the Texas Supreme Court to be beyond construing. Finally, since many of its commissariats associating to the same topic are scattered widely throughout the text, a elaborate index is necessary.
Most of the legion amendments have dealt with the legislative assembly, the bench, public instruction, and province fundss. Those associating to the legislative assembly have by and large removed bing restrictions on legislative action. Changes in the article on the bench have been so sweeping that the article has been about wholly rewritten. Changes in commissariats associating to public instruction have besides removed original restrictions and permitted enlargement of the public school system. Commissariats associating to the province 's fiscal system have been altered to allow acceptance of new outgo plans and development of new beginnings of gross. Other constitutional alterations have relieved some of the load of item imposed on the governor 's office in 1876, revamped the basic right to vote demands, altered the method of renting municipal corporations, lengthened the term of office for many province and local functionaries, and established an ever-growing figure of specifically allocated financess in the province exchequer. In malice of its awkwardness, of its demand for frequent amendment, and its occasional obscureness, nevertheless, Texans have continued to keep on to the Constitution of 1876.
Wilbourn E. Benton, Texas: Its Government and Politics ( Englewood Cliffs, New Jersey: Prentice-Hall, 1961 ; 4th erectile dysfunction. 1977 ) . Joe E. Ericson, An Inquiry into the Beginnings of the Texas Constitution ( Ph.D. thesis, Texas Tech University, 1957 ) . Hans Peter Nielsen Gammel, comp. , Laws of Texas, 1822–1897 ( 10 vols. , Austin: Gammel, 1898 ) . Seth Shepard McKay, Making the Texas Constitution of 1876 ( Philadelphia: University of Pennsylvania, 1924 ) . Rupert N. Richardson, Texas: The Lone Star State ( New York: Prentice-Hall, 1943 ; 4th ed. , with Ernest Wallace and Adrian N. Anderson, Englewood Cliffs, New Jersey: Prentice-Hall, 1981 ) .
The Texas Constitution of 1876
The first Europeans to detect Texas were the Spaniards ( Johnston 142 ) . By 1821, a Texan named Stephen Austin bargained for 300 households to settle in Texas ( 144 ) . The first constitution of Texas came approximately in 1827. The constitution of Coahuila y Tejas was established following Texas’ independency from Mexico ( Dye ) . The constitution instated an executive subdivision that is headed by a governor and frailty governor ( Dye ) . This constitution saw Texas interceding between Native American folk and Mexicans ( Dye ) .In 1836, upon Texas’ independency from Mexico, a new constitution was drafted ( Dye ) . Framed from the constitution of the United States, the new constitution of Republic of Texas saw the legalisation of bondage.
Article 1 pertained to a long text on the measure of rights ( Jamail Center for Legal Research ) . The article asserted on issues such as equality of rights, faiths scrutinies for office entry, freedom of address and imperativeness, among others ( Handbook of Texas Online ) . The Texas legislative assembly was divided into two – the Senate, consisting 31 members, and the House of Representatives, with less than 150 members ( Handbook of Texas Online ) . They received an allowance of non more than five dollars a twenty-four hours ( Handbook of Texas Online ) One County Commissioner was elected per county ( Summers ) . The County Commissioner, together with the four elected commissioners comprised the County Commissioners Court ( Summers ) . The Texas Supreme Court handled all civil instances while the tribunal of entreaties took attention of condemnable instances ( Handbook of Texas Online ) .
Like any other Torahs, the Constitution of 1876 is non absolutely written. One of its major defects is what the constitution idea of as its strength- decentalisation ( Dye ) .This disconnected power has curtailed the government’s authorization to utilize its power to the uttermost, accommodating to the demands of the altering economic system ( Dye ) . Additionally, the constitution contained provision that, over the class of old ages, made it vulnerable, among which were restrictions on elector engagement, low compensation of the legislative assembly, spreads in the public instruction system, budget limitations, and fragment executive authorization ( Dye ) .
A constitutional convention in 1974 was besides conducted, in an attempt to revise the 1876 constitution ( Dye ) . The alteration, nevertheless, was rejected by the Legislature due to jobs over certain issues such as chancing and right-to-work proviso ( Handbook of Texas Online ) A proposal to rewrite it cropped up in 1999 but besides finally turned down by the Legislature ( Handbook of Texas Online ) . Professor McKay added that out of the 155 proposed amendments, merely 84 have been ratified ( Barker ) . A study was organized to alter the Texas Constitution of 1876 without depriving it off its original signifier.
Essay on 1876 constitution
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Essay constitution Texas of 1876
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Essay on 1876 constitution
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Art. 7. Among the autonomous rights of His Majesty the Sultan are the undermentioned privileges: - He makes and call off the assignments of curates ; he confers the classs, maps and insignia of his orders, and confers investiture on the head of the privileges states, harmonizing to signifiers determined by the privileges granted them ; he has the coining of money ; his name is pronounced in the mosques during public supplication ; he concludes pacts with the powers ; he declares war and makes peace ; he commands both land and sea forces ; he directs military motions ; he carries out the commissariats of the Þeriat ( the sacred jurisprudence ) , and of the other Torahs ; he sees to the disposal of public steps ; he respites or commutes sentences pronounced by the condemnable tribunals ; he summons and prorogues the General Assemly ; he dissolves, if deems it necessary, the Chamber of Deputies, provided he directs the election of the new members.
Art. 31. If one or more members of the Chamber of Deputies wish to lodge a ailment against any Minister, by ground of his duty, and with mention to affairs within the Province of the Chamber, the request and ailment must be handed to the President, who will mention it within three yearss to the Committee appointed by the regulations of the House to look into the charge, and find whether it be right to subject the same to the determination of the Chamber. When the necessary probe has taken topographic point, and accounts have been laid before them by the Minister interested, the determination of the Committee will be taken by the ballot of the bulk. If the Committee advise that the ailment be laid before the Camber, their study incorporating this determination is to be read at a public posing, and the Chamber, after hearing the accounts of the accused Minister who shall be summoned to look, or of his representative, will vote on the inquiry at issue, a bulk of two-thirds being necessity for a determination. In the event of the acceptance of Committees Report, an reference praying for the test of the Minister is to be transmitted to the Grand Vizier, who will subject it for the countenance of His Majesty the Sultan, and remit it to the High Court by virtuousness of an Imperial Ýrade.
Art. 64. The Senate examines the Bills or Budget transmitted to it by the Chamber of Deputies. If in the class of the scrutiny of a Bill the Senate finds a proviso reverse to the autonomous rights of the Sultan, to liberty, the Constitution, the territorial unity of the Empire, the internal security of the state, to the involvements of the defense mechanism of the state, or to morality, it rejects it decidedly by a ballot, delegating its grounds ; or it sends it back, accompanied by its observations, to the Chamber of Deputies, demanding that it should be amended or modified in the sense of those observations.
1. Those who do non belong to the Ottoman nationality ; 2. Those who, by virtuousness of the particular ordinance in force, bask unsusceptibilities attached to the foreign service to which they belong ; 3. Those non understanding Turkish ; 4. Those non turned 30 old ages of age ; 5. Persons attached to the service of a private person ; 6. Bankrupts non rehabilitated ; 7. Those notoriously in discredit for their behavior ; 8. Persons visited with judicial interdiction, every bit long as that interdiction is non raised ; 9. Those non basking their civil rights ; 10. Those who lay claim to a foreign nationality. After the termination of the first period of four old ages, one of the conditions of eligibility will be ability to read Turkish and, every bit far as possible, to compose in that linguistic communication.
The reference of his name in supplications ; the minting of money ; the granting of high public offices and rubrics, harmonizing to the jurisprudence ad hoc ; the conferring of orders ; the choice and assignment of the Grand Vizier and the Þeyhülislam ; the verification in their offices of the members of the Cabinet formed and proposed by the Grand Vizier, and, if need arise, the dismissal and replacing of Curates harmonizing to established pattern ; the blessing of seting into force of general Torahs ; the pulling up of ordinances refering the workings of Government sections and the method of administrating the Torahs ; the enterprise in all sorts of statute law ; the care and executing of the canon and civil Torahs ; the assignment of individuals to the privileged states harmonizing to the footings of their privileges ; the bid of the military and naval forces ; the declaration of war and the devising of peace ; the decrease and remittal of sentences passed by penal Courts ; the granting of a general amnesty with the blessing of Parliament ; the gap and shutting of the parliamentary Sessionss ; the evocation of Parliament before its clip in extraordinary fortunes ; the disintegration of the Chamber of Deputies if necessary, with the consent of the Senate, on status that elections take topographic point and the Chamber assembles within three months ; and the decision of Treaties in general. Merely, the consent of Parliament is required for the decision of Treaties which concern peace, commercialism, the forsaking or appropriation of district, or the cardinal or personal rights of Ottoman topics, or which involve outgo on the portion of the State. In instance of a alteration of Cabinet while Parliament is non sitting, the duty originating out of the alteration rests upon the new Cabinet.
Art. 30. Curates shall be responsible to the Chamber of Deputies jointly for the general policy of the Government and personally for the personal businesss of their several sections. Decisions which need the Imperial countenance shall merely go valid if signed by the Grand Vizier and the Minister concerned, who therefore accept duty, and countersigned by the Sultan. Decisions arrived at by the Council of Ministers shall bear the signatures of all the Ministers, and in instances where the Imperial acquiescence is necessary, these signatures shall be headed by that of His Imperial Majesty the Sultan.
Texas Constitutional History
As the basic jurisprudence sketching the primary construction and maps of a authorities, fundamental laws constantly reflect history and civilization, and province fundamental laws are no exclusion. In Texas, history is reflected non merely in the content of the constitution, but in the figure of fundamental laws under which the province has been governed. Texas was foremost governed by Spain, and so Mexico before going the independent Republic of Texas. After nine old ages as a state, Texas became portion of the United States, fall ining the Union as the 28th province. When the Civil War broke out, Texas seceded from the Union, fall ining other southern provinces to organize the Confederate States of America. After the war was ended and Confederate provinces were permitted to rejoin the Union, Texas one time once more became portion of the United States. With each of these alterations, Texas adopted a new constitution.
Fundamental law of Coahuila y Tejas, 1827
Prior to its independency, Texas was governed as a portion of Mexico under the Mexican Constitution of 1824. Established as a federal democracy, each province could compose its ain constitution. Combined as a individual province, Texas and Coahuila established a constitution in 1827. Under this constitution, legislative power was delegated to a unicameral legislative assembly composed of 12 deputies, including two elected from Texas by popular ballot. The legislative assembly met yearly from January through April and could be called into particular session. Executive power was vested in a governor and vice-governor, elected to four-year footings by popular ballot. The governor could urge statute law, grant forgivenesss, lead the province reserves, and see that the Torahs were obeyed. Judicial authorization was vested in province tribunals that oversaw minor condemnable tests and civil instances. The tribunals could non construe the jurisprudence, and misdemeanor instances were tried by a justice without a jury. Texans ignored two commissariats, one that required Catholicism as the province faith and the other that did non acknowledge bondage.
The Republic of Texas Constitution, 1836
Because of intensifying tensenesss between Texas and Mexico, Texas declared its independency in 1836, established the Republic of Texas, and adopted a new constitution. The Texas Constitution of 1836 lifted major parts from the U.S. Constitution. The new charter was brief, composed of less than 6,500 words. Its characteristics included separation of powers into three branches—legislative, executive, and judicial—with a system of cheques and balances. It created a bicameral legislative assembly, with a House of Representatives and a Senate. Representatives and Senators served footings of one and three old ages, severally. The executive resembled the American president who was elected by popular ballot. The bench was four-tiered, with justness, county, territory, and supreme tribunals. The constitution besides recognized bondage, provided for male right to vote, contained a measure of rights, and excluded citizenship to African Americans and Native Americans. Although the papers did incorporate an amendment procedure, it was so complex that none were of all time adopted.
The State Constitution of 1845
When Texas ceased to be an independent democracy and joined the United States, a new constitution was necessary. The U.S. Congress accepted the state’s charter on December 29,1845, and Texas became the twenty-eighth province to fall in the Union. The Texas Constitution of 1845 was a papers of wide, general rules that allowed province authorities the flexibleness to work out policy jobs as they arose. It continued the tradition of a bicameral legislative assembly, now run intoing one time every two old ages ( biyearly ) . Representatives served biennial footings while Senators were elected for four old ages. Legislators’ wage was set at three dollars for each twenty-four hours of attending. The governor’s term was two old ages, limited to functioning no more than four old ages in any six-year period. The lawyer general and secretary of province were appointed by the governor and confirmed by the Senate. The governor could convene the legislative assembly, was the commander-in-chief of the province reserves, granted forgivenesss and respites, and could blackball statute law, which could be overridden by a two-thirds ballot of both houses. The judiciary consisted of a Supreme Court, territory tribunals, and extra tribunals created by the legislative assembly. Judges to the supreme and territory tribunals were appointed by the governor. Amendments required proposal by a two-thirds ballot of both houses of the legislative assembly and confirmation by a bulk popular ballot. Merely one amendment was approved by Texans. The Texas Constitution of 1845 besides created a public school system and established the Permanent School Fund.
The Constitution of 1845 was besides to a great extent influenced by Jacksonian Democracy, a political doctrine named for the democratisation policies implemented by President Andrew Jackson during the 1830s to 1850s. Jackson attacked a opinion category which, he argued, dominated an activist authorities, concentrating fiscal and political power to the benefit of a comparatively little figure of elites. Jackson sought to increase popular engagement in authorities and one of his cardinal policies for interrupting the elitist clasp on authorities was to widen vote rights and expand the figure of political functionaries subject to popular election. The long ballots with which Texas electors still contend are a direct bequest of Jacksonian Democracy and the Constitution of 1845.
The Confederate Constitution of 1861
When Texas seceded from the United States at the beginning of the Civil War in February 1861, a new constitution was drafted by delegates to the Secession Convention. In most cases, the diction of the Texas Constitution of 1845 was kept integral, but the words “United States of America” were replaced with “Confederate States of America.” Most Torahs non in struggle with the Confederacy remained valid. A clause allowing the emancipation of slaves in the 1845 constitution was eliminated and the liberation of slaves was declared illegal. The construction of the legislative, executive, and judicial subdivisions remained the same as the 1845 version. Overall, it was a conservative papers, without many of the extremist alterations suggested by secessionist leaders.
The Post-Civil War Constitution of 1866
With the terminal of the Civil War came yet another papers, which provided for the constitutional Torahs necessary to rejoin the Union, viz. the abolishment of bondage and declaring sezession illegal. In add-on, the delegates to the Constitutional Convention of 1866 made other alterations to the papers. The powers and construction of the bicameral legislative assembly remained basically the same as the Texas Constitution of 1845, but wages were increased to eight dollars a twenty-four hours. Legislators were besides now required to be white work forces with a anterior abode of five old ages in Texas. The governor’s term was increased to four old ages, but the governor could non function more than eight old ages in any twelve-year period. For the first clip, the governor was given the line point veto on appropriations measures. The province Supreme Court was increased from three to five Judgess with a ten-year term of office. District Judgess were now elected by popular ballot for eight-year footings. The procedure of constitutional amendment was revised to necessitate a three-fourths bulk of both houses of the legislative assembly and blessing of the governor to name a convention to suggest alterations.
The Reconstruction Constitution of 1869
The Constitution of 1866 was invalidated after Extremist Republicans took control of the U.S. Congress and imposed military authoritiess on the former Confederate provinces. As a status to reentering the Union, provinces had to outline new fundamental laws acceptable under the Reconstruction Acts. However, the Texas Constitutional Convention of 1869 dissolved over factional differences without outlining a concluding papers. Military officers gathered the available stuffs and published the Texas Constitution of 1869. The new papers declared the U.S. Constitution the supreme jurisprudence of the land. Slavery was abolished and equality of the jurisprudence was extended to all individuals. Legislative alterations included widening footings of Texas Senators to six old ages and legislative Sessionss would now be held every twelvemonth. In the executive subdivision, the lawyer general and secretary of province were now appointed by the governor, with all other functionaries elected by popular ballot. The figure of Supreme Court justnesss was reduced to three with the footings shortened to nine old ages. All judicial offices were now appointive. The amendment process was unchanged from the Texas Constitution of 1866. The constitution besides included a mandatory school attending jurisprudence and provided for province supervising of instruction. While it provided a hospitable environment for the civil rights of freshly freed African Americans and an activist authorities, the Extremist Republican Constitution was able to earn public support needed for blessing merely because those with Confederate understandings, the bulk Anglo agrarians, were barred from vote.
The Texas Constitution of 1876
When Democrats regained control of province authorities in 1873 from Extremist Republican Governor Edmund J. Davis, their first precedence was to outline a new constitution for Texas. In 1875, when delegates gathered in Austin at the constitutional convention, a group of white, southern agricultural elites, know as the Grange, sought to curtail the size and range of province authorities. As a consequence, they abandoned the form established in the Texas Constitution of 1845 of a papers phrased in wide footings, taking alternatively to outline a restrictive constitution of great length and item. The convention efficaciously limited the authorization of every subdivision of Texas authorities. The legislative Sessionss were reduced to 140 yearss, every other twelvemonth. Wages were reduced and a balanced-budget was mandated. They restricted the governor’s assignment powers by making the plural executive, which divided power among several elected functionaries, including the lieutenant governor, lawyer general, accountant, financial officer, and land commissioner. To restrict the power of the judicial subdivision, they divided the tribunals into two systems, one for condemnable tests and the other for civil instances. All Judgess would be elected by popular ballot with comparatively brief footings. In early 1876, Texas electors approved the new constitution by a border of two to one. Although amended over 450 times, the Texas Constitution of 1876 remains the current charter for the province.
The Texas Constitutions Digitization Project This web site, hosted by the University of Texas School of Law, showcases digital scans of all the original Texas Constitutions from 1824 to 1875. Besides included are searchable text versions of each constitution, every bit good as 5000 pages of diaries, studies, and transcripts detailing the history of the state’s constitutional conventions. Texas Constitution and Statutes Since its initial acceptance in 1876, the Texas Constitution has been amended over 460 times, doing it one of the longest province fundamental laws in the United States. This site contains the complete searchable papers every bit good as up-to-date information on recent statute law.
Article 3: `` Legislative Department ''
The article contains many substantial restrictions on the power of the legislative assembly and a big figure of exclusions to those restrictions. This is particularly true within Section 49. The Section limits the power of the Legislature to incur debt to merely specific intents as stated in the Constitution ; this has necessitated legion amendments to this subdivision in order to allow the Legislature ( including two subdivisions, both added in 2003 and both oddly numbered as `` 49-n '' ) . In add-on, Section 49a requires the Texas Comptroller of Public Accounts to attest the sum of available hard currency on manus and awaited grosss for the following biennium ; no appropriation may transcend this sum ( except in instances of exigency, and so merely with a four-fifths ballot of both Chamberss ) , and the Comptroller is required to reject and return to the Legislature any appropriation in misdemeanor of this demand.
On March 1, 1845, the US enacted a congressional articulation declaration suggesting the appropriation of Texas to the United States ( Joint Resolution for annexing Texas to the United States, J.Res. 8, enacted March 1, 1845, 5 Stat. 797 ) . On June 23, 1845, the Texan Congress accepted the US Congress 's joint declaration, and consented to President Jones ' naming of a convention to be held on July 4, 1845. A Texas convention debated the appropriation offer and about nem con passed an regulation acceding to it on July 4, 1845. The convention debated through August 28th, and adopted the Constitution of the State of Texas on August 27, 1845. The citizens of Texas approved an appropriation regulation and new constitution on October 13, 1845. On December 29, 1845, the United States admitted the State of Texas to the Union ( Joint Resolution for the admittance of the province of Texas into the Union, J.Res. 1, enacted December 29, 1845, 9 Stat. 108 ) .
Fundamental law of the United States of America ( 1787 )
The Constitution was written in the summer of 1787 in Philadelphia, Pennsylvania, by delegates from 12 provinces, in order to replace the Articles of Confederation with a new signifier of authorities. It created a federal system with a national authorities composed of 3 detached powers, and included both reserved and coincident powers of provinces. The president of the Constitutional Convention, the organic structure that framed the new authorities, was George Washington, though James Madison is known as the “Father of the Constitution” because of his great parts to the formation of the new authorities. Gouverneur Morris wrote the Constitution’s concluding linguistic communication. The Constitution was a compact – though Federalists and Anti-Federalists disagreed over whether the provinces or the people were the agents of the compact.
Many of the province conventions ratified the Constitution, but called for amendments specifically protecting single rights from condensation by the federal authorities. The argument raged for months. By June of 1788, 9 provinces had ratified the Constitution, guaranting it would travel into consequence for those 9 provinces. However, cardinal provinces including Virginia and New York had non ratified. James Madison, the chief writer of the Constitution, knew that grave uncertainties would be cast on the Constitution if those provinces ( the place provinces of several of its head designers, including Madison himself ) did non follow it.
Representatives and direct revenue enhancements shall be apportioned among the several provinces which may be included within this brotherhood, harmonizing to their several Numberss, which shall be determined by adding to the whole figure of free individuals, including those bound to service for a term of old ages, and excepting Indians non taxed, three fifths of all other Persons. The existent Enumeration shall be made within three old ages after the first meeting of the Congress of the United States, and within every subsequent term of 10 old ages, in such mode as they shall by jurisprudence direct. The figure of Representatives shall non transcend one for every 30 1000, but each province shall hold at least one Representative ; and until such numbering shall be made, the province of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
Immediately after they shall be assembled in effect of the first election, they shall be divided every bit every bit as may be into three categories. The seats of the Senators of the first category shall be vacated at the termination of the 2nd twelvemonth, of the 2nd category at the termination of the 4th twelvemonth, and the 3rd category at the termination of the 6th twelvemonth, so that one tierce may be chosen every 2nd twelvemonth ; and if vacancies happen by surrender, or otherwise, during the deferral of the legislative assembly of any province, the executive thereof may do impermanent assignments until the following meeting of the legislative assembly, which shall so make full such vacancies.
Every measure which shall hold passed the House of Representatives and the Senate, shall, before it become a jurisprudence, be presented to the President of the United States ; if he O.K. he shall subscribe it, but if non he shall return it, with his expostulations to that House in which it shall hold originated, who shall come in the expostulations at big on their diary, and continue to reconsider it. If after such reconsideration two tierces of that House shall hold to go through the measure, it shall be sent, together with the expostulations, to the other House, by which it shall similarly be reconsidered, and if approved by two tierces of that House, it shall go a jurisprudence. But in all such instances the ballots of both Houses shall be determined by yeas and nays, and the names of the individuals voting for and against the measure shall be entered on the diary of each House severally. If any measure shall non be returned by the President within 10 yearss ( Sundays excepted ) after it shall hold been presented to him, the same shall be a jurisprudence, in similar mode as if he had signed it, unless the Congress by their adjournment prevent its return, in which instance it shall non be a jurisprudence.
The voters shall run into in their several provinces, and ballot by ballot for two individuals, of whom one at least shall non be an dweller of the same province with themselves. And they shall do a list of all the individuals voted for, and of the figure of ballots for each ; which list they shall subscribe and attest, and transmit sealed to the place of the authorities of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certifications, and the ballots shall so be counted. The individual holding the greatest figure of ballots shall be the President, if such figure be a bulk of the whole figure of voters appointed ; and if there be more than one who have such bulk, and have an equal figure of ballots, so the House of Representatives shall instantly take by ballot one of them for President ; and if no individual have a bulk, so from the five highest on the list the said House shall in similar mode choose the President. But in taking the President, the ballots shall be taken by States, the representation from each province holding one ballot ; A quorum for this purpose shall dwell of a member or members from two tierces of the provinces, and a bulk of all the provinces shall be necessary to a pick. In every instance, after the pick of the President, the individual holding the greatest figure of ballots of the voters shall be the Vice President. But if there should stay two or more who have equal ballots, the Senate shall take from them by ballot the Vice President.
He shall hold power, by and with the advice and consent of the Senate, to do pacts, provided two tierces of the Senators present concur ; and he shall put up, and by and with the advice and consent of the Senate, shall name embassadors, other public curates and consuls, Judgess of the Supreme Court, and all other officers of the United States, whose assignments are non herein otherwise provided for, and which shall be established by jurisprudence: but the Congress may by jurisprudence vest the assignment of such inferior officers, as they think proper, in the President entirely, in the tribunals of jurisprudence, or in the caputs of sections.
Section 2. The judicial power shall widen to all instances, in jurisprudence and equity, originating under this Constitution, the Torahs of the United States, and pacts made, or which shall be made, under their authorization ; –to all instances impacting embassadors, other public curates and consuls ; –to all instances of admiralty and nautical legal power ; –to contentions to which the United States shall be a party ; –to contentions between two or more provinces ; –between a province and citizens of another province ; – between citizens of different provinces ; –between citizens of the same province claiming lands under grants of different provinces, and between a province, or the citizens thereof, and foreign provinces, citizens or topics.
The Congress, whenever two tierces of both houses shall hold it necessary, shall suggest amendments to this Constitution, or, on the application of the legislative assemblies of two tierces of the several provinces, shall name a convention for suggesting amendments, which, in either instance, shall be valid to all purposes and intents, as portion of this Constitution, when ratified by the legislative assemblies of three fourths of the several provinces, or by conventions in three fourths thereof, as the one or the other manner of confirmation may be proposed by the Congress ; provided that no amendment which may be made prior to the twelvemonth one 1000 eight hundred and eight shall in any mode affect the first and 4th clauses in the 9th subdivision of the first article ; and that no province, without its consent, shall be deprived of its equal right to vote in the Senate.
TÍTULO V - DE LA CELEBRACIÓN Y FACULTADES DE LAS CORTES
Art. 47. Los Senadores no podrán ser procesados ni arrestados wickedness previa resolución del Senado sino cuando sean hallados in fraganti, o cuando no esté reunido EL Senado ; pero en todo caso Se dará cuenta a este Cuerpo lo más pronto posible parity que determine lo que corresponda. Tampoco podrán los Diputados ser procesados ni arrestados Durante las sesiones sin permiso del Congreso, a no ser hallados in fraganti ; pero en este caso Y en el de ser procesados o arrestados cuando estuvieren cerradas La Cortes, se dará cuenta lo más pronto posible Al Congreso parity su conocimiento Y resolución. El Tribunal Supremo conocerá de las lawsuit criminales contra los Senadores y Diputados, en los casos Y en la forma que determine La pasture.
Fundamental law of the State of Texas ( 1876 )
Preamble Article I: Bill of Rights Article II: The Powers of Government Article III: Legislative Department Article IV: Executive Department Article V: Judicial Department Article VI: Right to vote Article VII: Education -- The Public Free Schools Article VIII: Tax and Revenue Article IX: Counties Article Ten: Railwaies Article Eleven: Municipal Corporations Article Twelve: Private Corporations Article Thirteen: Spanish and Mexican Land Titles Article XIV: Public Lands and Land Office Article Fifteen: Impeachment Article Sixteen: General Commissariats Article Seventeen: Manner of Amending the Fundamental law of this State
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