Ch.2: The Texas Constitution Flashcards
the legal structure of a government which establishes its power and authority as well as the limits on that power
constitutionl
the division of government among several institutions that must cooperate in decision making
separation of powers
the constitutional idea that overlapping power is given to different branches of government to limit the concentrations of power in any one branch
checks and balances
according to James Madison, the concentration of power in any one branch of government
tyranny
A system of government in which powers is divided by a constitution between a central government and regional governments
federalism
Article VI of the U.S Constitution which states that the Constitution and laws passed by the national gov. and all treaties are the supreme law of the land and superior to all laws
supremacy laws
Article I of the U.S Constitution; it provides Congress with the authority to make all laws “necessary and proper” to carry out its powers
necessary and proper clause
State constitutions perform a number of important functions:
– Establish political institutions and explain the source of their power and authority
– Delegate powers to particular institutions and individuals and define how they are to be used
– Protect against the concentration of political power in one institution or individual
– Define the limits of political power
– The Mexican Constitution combined the state of
Coahuila and province of Texas: “Coahuila y Tejas”
– The state constitution of 1827 made Texas the District of Bexar, defined a unicameral (one chamber) legislature, and guaranteed liberty, security, property, and equality
– Catholicism was the established state religion
The Constitution of Coahuila y Texas 1827
Texas gained its independence from
Spain with Mexico in 1821
− Although the constitution called for annexation by the U.S.,Texas remained an independent republic
− Provided for homestead provision–an owner occupied property protected from forced sale under most conditions
− Also provided for community property-signifying that property acquired during marriage is equally owned by both spouses.
− Clergy were no tallowed to holdoffice
− During this period there was a growing estrangement between Anglos and Tejanos
The Constitution provided for three branches of government and was heavily influenced by the U.S. Constitution.
– The terms for members of the legislative and executive branch were limited reflecting Texans’ distrust of government
– Slavery was legalized in Texas, although slave trade in Texas was not allowed
– A unitary system was created-no lower units of government with any independent power were created.
The Constitution of Republic of Texas, 1836
– Annexed as a state in 1845, the state could break up into four additional states when population proved adequate
– The new and longer constitution provided for:
• Two legislative houses, the terms of office were lengthened but the legislature would meet biennially (once every two years)
• An elected governor and lieutenant governor
- A judicial branch, judges appointed by the governor
- A process for amending the constitution
- Provided a guarantee of property rights for women and homestead provisions
- The provisions protecting slavery remained
- Mandated that one-tenth of the state’s annual revenue be set aside to create a Permanent School Fund (PSF)
The Texas State Constitution of 1845
– The secession convention in 1861 proclaimed the laws and constitution of the Union trampled on the rights of Texans, especially with regard to slavery
– Texas voters approved secession, and the state joined the Confederate States of America
– The new constitution declared the freeing of slaves illegal; but there were few changes otherwise
The Constitution of 1861, Texas joins the Confederacy
Ratified by slim majority, the new constitution following defeat in the Civil War accepted the abolition of slavery
• Freedmen were allowed own property and to sue, but were banned from voting or holding office
– Salaries for officeholders were increased, as was the size of the state supreme court
– Congressional apportionment would be based only on the number of white male citizens and only white males could serve as legislators
– Positions that had been previously appointed by the governor such as the attorney general were now elected.
– Perhaps the most significant contribution was clause enabling citizens to acquire the mineral rights for their property, this provision persists today.
The Constitution of 1866, Texas rejoins the Union
The Confederate states required new state
constitutions to comply with federal laws
• Congressional Reconstruction Acts of 1867
• Radical Republicans won the vote for a convention and subsequently made it impossible for members of the previous conventions to participate in the current convention.
– The new constitution, published under military orders, extended the vote and political equality to black men
• The governor, Edmund Davis, was given vastly expanded powers-such as appointment powers
• This constitution made elementary education compulsory
• This constitution also expanded the number of social services and taxes.
- Because this constitution was passed by a slim majority and excluded many of the previous convention participants it was not widely accepted.
The Texas Founding: Reconstruction Constitution of 1869
