huf Flashcards
The United States’ first governing document, it gives states the primary role in governance and leaves the national government weak in its powers. Without the power to tax, enforce legislation, or protect the borders, it was clear the United States needed a stronger national governmen
i) Articles of Confederation
established a federal system in which the national government and each state government is sovereign, with the former deriving its power from the American people and the latter from the people of individual states.
The U.S. Constitution
Broadly defined Congress’s power to regulate interstate commerce as delegated to it in Article I, Section 8, of the U.S. Constitution, making it one of the most important regulatory powers of Congress
Gibbons v. Ogden (1824
Upheld the supremacy of the national government in disputes between it and the states.
McCullough v. Maryland (1819
Texas’s political culture is defined as a
“traditionalistic individualistic”
The 1836 constitutional convention at Washington-on-the-Brazos declared independence from Mexican military and religious tyranny. The Declaration of Independence sought to justify the separation from Mexico to create an independent republic. According to the declaration, Mexico’s government had abdicated its duties and broken the trustee relationship that binds a people to those in authority. The convention drafted a new constitution establishing an elected chief executive, bicameral legislature, a four-tiered court system, and included a bill of rights. In addition, the constitution protected the institution of slavery, promoted the idea of community property and public education, and included a process for amending.
he Texas Declaration of Independence:
The 1836 constitution called for Texas to join the United States. However, it would not join for another 9 years, blocked by its intention to enter as a slave state and a fear of war with Mexico. In its annexation agreement with the United States, Texas ceded all defense-related property, kept all public lands and public debts, and maintained its ability to split into additional states. The new constitution drew on the 1836 constitution, maintaining separation of powers, checks and balances, a bicameral legislature, elected executive, a tiered court system, promotion of education and community property, and an amendment process.
The Texas State Constitution of 1845
Texas Joins the Confederacy: The decision to secede over the issue of slavery was a contentious one, dividing Texans along regional, ethnic, and partisan lines. A secession convention convened, adopting The Ordinance of Secession, and reconvened after voter approval to enact a new constitution. Minor changes were made to the existing constitution: a ban on freeing slaves, references to the Confederate States of America, and slavery and state’s rights were defended.
The Constitution of 1861
Texas Rejoins the Union: Following President Andrew Johnson’s Presidential Reconstruction, the convention delegates rejected the right to secession, accepted the war debts incurred by the state, and capitulated to the abolition of slavery. Again, separation of powers, checks and balances, bicameralism, elected executive, and a tiered court system were kept, with minor changes to salaries and term limits. Male freed slaves were granted the right to own property and sue but were barred from voting or holding office
The Constitution of 1866
Radical Republicans in Congress viewed the attempts at reintegrating Texas as a failure. They dismissed most state officials and called for a new constitutional convention. Former secessionists were banned from voting and holding office, provided full citizenship to African Americans, and declared the U.S. Constitution the supreme law of the land. The governor was given broad powers, which the newly-elected Radical Republican Governor Edmund Davis used to maintain his rule. The constitution was published under military orders without a vote from the citizens. In 1872, Democrats regained control of state government and Richard Coke was elected governor.
he Constitution of 1869
The final phase of Texas’s Founding began with the passage of the Constitution of 1876. In 1875, a new constitutional convention was called with delegates selected by popular vote. The Constitution of 1876 was a detailed document that corrected for the activist provisions in the 1866 and 1869 constitutions by limiting the powers of the state government. The framers committed to a constitution with four major themes:
The Constitution of 1876
Strong popular control of state government. The framers expanded the number of elected offices within the executive and judiciary, subject to control by a white male electorate.
b) Limited State Government Power. The framers diffused executive powers among several offices and created a part-time legislature.
c) Economy in Government. The framers limited government debt and the power to tax, limited officials’ salaries, and decentralized public education.
d) Agricultural Interests. A number of the framers were farmers and members of the Grange who added provisions protecting homesteads and regulating railroads and banks.
The Constitution of 1876
