Txgovt ch02 pres

Chapter 2 – The Texas Constitution
19/3/2019 Govt 2306 Notes Fall 2019 Ch02

Chapter 2: The Texas Constitution
Learning Objectives
2.1 Identify the function of constitutions.
2.2 Explain the events that led to the Texas Declaration
Independence.
2.3 Relate the goals of the 1836 Constitution to its outcome and
reactions to it.
2.4 Differentiate between the 1845 Constitution and prior Texas
Constitutions.
2.5 Analyze the goals of the 1860s constitutions.
2.6 Describe the principles of the modern Texas Constitution.
2.7 Outline the process for amending the Texas Constitution and
attempts at constitutional change.

Texas Independence
The New Republic of Texas
• The delegates of Texas met in Washington-on-the-Brazos
in 1836 to sign a declaration of independence from
Mexico and forge a constitution for the new republic
• The first constitution would outline the core principles of
liberty, popular rule, and limited government

Constitutional Government
Key Terms
Constitution: a document that establishes principles,
powers, and responsibilities of government
Bill of Rights: a formal declaration of rights of the
citizens within government
Social Contract: an agreement in which the governed
give up freedoms in return for government protection

Do You Know What’s in the Texas
Constitution?
5
The audio in this slide
explains some
Interesting “quirks” and
Little known facts about
The Texas Constitution.
Audio Link:
https://soundcloud.com/texas-standard/web-strong-texas-crazy-constitution-final9/3/2019 Govt 2306 Notes Fall 2019 Ch02

What is a Constitution?
6
• Constitution: the legal structure of a government,
which establishes its power and authority as well
as the limits on that power

7
https://youtu.be/0UzKD8rZCc0
What is a Constitution?

Principals of the
United States Constitution
8 https://youtu.be/I-56QjpBKD09/3/2019 Govt 2306 Notes Fall 2019 Ch02

Constitutional Government
Two Themes
• Early Anglo Texans valued rugged individualism and were
not inclined to give up their freedoms to government
rule lightly:
• Two themes woven into the many constitutions of Texas
(1) Individual rights
(2) Separation of powers

Roots of Rebellion
Roots of Rebellion
• The spirit of Texas was forged in direct reaction to
tyranny from multiple governments and several
overbearing rulers
• In 1822, Augustin de Iturbide seized power from the
democratically chosen Mexican Congress
• In 1823, Iturbide was forced to abdicate

Roots of Rebellion
Roots of Rebellion
• Following Iturbide’s departure, the Mexican Constitution
of 1824 expanded settlement of the northern Mexico
territory
• “Empresarios” were regional land distributors, serving as
local recruiters and leaders of fixed areas of land and the
people who settled there
• Stephen F. Austin served as an empresario

Roots of Rebellion
Mexican Constitution of 1824
• Empresarios (like Austin) would be in charge of the
colonized territories
• The Mexican government promised to protect the liberty,
property, and civil rights of all “foreigners” who would in
turn profess the Roman Catholic faith
• The Constitution of 1824 established a federal republic
for the nation as a whole

Roots of Rebellion
Texas Constitution of 1827
• The Constitution of the State of Coahuila & Tejas
established a separation of power system for the state
within the Mexican nation
• The constitution included three branches of government,
similar to the U.S. Constitution
• The Mexican Constitution of 1824 represented the high
point of liberty granted to the Mexican colonists
– If this constitution had been reestablished the Texas Revolution
would have lost moementum

Roots of Rebellion
Law of April 6, 1830
• New immigrants populated much of East Texas
• “Mexican influence is disproportionately diminished”
and “ratio of “ to foreigners is one to ten”
– “fugitives from justice, vagabonds and criminals”
– “travel with their pocket constitutions”
– “ready for war”
• More Mexican soldiers enforce strict no slavery policy
• Austin’s coastal land taken back
• Freeze on emigration of settlers from the United States

Roots of Rebellion
First call for independence
• October 1832 and April 1933 Texans met to draw up
petition for independence
• Called for Repeal of Law of April 6, 1830
• Reinstate 1824 Mexican Constitution
• Austin delivers petition to President Santa Anna
• Austin reported “Texas would remedy them of
themselves without waiting any longer”
– Austin imprisoned

Roots of Rebellion
Separation
• In 1835, Mexican President Santa Anna took measures to
centralize his own power
• He sent his vice president into exile, disbanded congress,
and dissolved the state legislatures
• Santa Anna also dismissed the empresarios, including
Stephen F. Austin

Roots of Rebellion
Separation
• Stephen F. Austin declared that the Mexican Government
could not “legally deprive Texans of these rights without
the consent of the people.”
• The stage for rebellion was set, and on March 2, 1836,
the delegates approved the document that would
become known as the Texas Declaration of
Independence

The Republic of Texas
• Written in haste and under fear of the approaching
Mexican army
• Aggressively voiced the ideals of frontier independence
that would come to dominate the future political culture
of the state
• Included a declaration of rights, including freedom to
worship, freedom of speech, freedom from unreasonable
search and seizure, and more

• Voiced ideals of frontier independence
• Included Declaration of Rights
• Strict separation of powers
– Vests political, judicial, and policymaking authority across
different branches of government
• Averse to centralized power and distrust of executive
authority

• Borrowed from the US Constitution
• Exceptions
– No member of the clergy was eligible to serve in elected office
– Required at least a “belief” in a higher power
– Persons “holding an office of profit under the government” or
holders of “public monies” were not eligible to serve in the
legislature
• Recognized the right of free enterprise, while prohibiting
monopolies

Slavery
• At the time the 1836 Constitution was drafted, many
Texas residents presumed that the new Texas Republic
would quickly join the United States
• The United States did not immediately want to accept
Texas as a state
• Slavery was the issue

The (New) State of Texas
(Statehood Constitution)
• Texas formally entered the Union in December of 1845, during the
presidency of James Polk
• Now a state in the union, Texas needed a new state constitution
• New Constitution similar to the Constitution of 1836
• Suffrage extended to those not holding property
• Judicial system expanded, more muscular with greater access

The (New) State of Texas
(Statehood Constitution)
• Lieutenant governor introduced, chosen by governor as running
mate
• Many offices appointed by the governor
• Homestead Law
– Law that prevents Texans from losing their homes int eh event of
bankruptcy or other financial problems
• Property rights extended to married women for property owned
before marriage or acquired during marriage

Secession
• Largely in response to the election of Abraham Lincoln in
1860, Texas began the process of secession from the
United States, just 15 short years after joining
• A convention in Austin issued an ordinance of secession
and a declaration of secession in February of 1861, which
was ratified by a majority of counties
• Sam Houston, governor, refused to sign an oath affirming
his allegiance to the Confederacy
– Removed from office

Secession

Secession
(The Confederacy Constitution)
• Similar to the statehood constitution but certified
membership in the Confederate States of America
• The constitution featured a prominent passage granting
supreme sovereign rights to the state
• It asserted that no “government or authority” can
exercise power within the state without the consent of
the people
• Protected slavery 279/3/2019 Govt 2306 Notes Fall 2019 Ch02

Readmission
(The Readmission Constitution)
• New rules for former Confederate states required the
states to write new constitutions recognizing the U.S.
Constitution and declaring allegiance to the union
• In order to demonstrate “paramount allegiance” to the
United States, the Constitution of 1866 showed an
unusual tendency toward centralized power
• The governor’s powers were extended
• Some rights to African Americans, not the right to vote

The Reconstruction Period (Video)
29
https://youtu.be/0deaqe4loGI

Current Constitution of Texas
(The Current Constitution)
• Born from the Reconstruction Era resentment of the
perceived overreaching power of Governor Davis
• It generally favored a return to limited government and
frugality
• Opponents took issue with the weakening role of the
state in immigration and education
• Ratified 136,606 to 56,652

The Texas Constitution –
Old, Long and Confusing
31https://youtu.be/_h7oHEWahgQ9/3/2019 Govt 2306 Notes Fall 2019 Ch02

Overview of the Texas Constitution
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Four Key Principles
• Popular sovereignty: rule by the people
• Limited government: government’s functions and powers
are restricted to protect individual liberty
• Separation of powers: prevents excessive concentration
of power into any one branch
• Personal rights and liberties: Texas Bill of Rights 339/3/2019 Govt 2306 Notes Fall 2019 Ch02

• The Texas Constitution of 1876 separates power so that the
legislative, executive, and judicial branches have the power to
enact laws, implement laws, and interpret laws, respectively.
• This separation of powers prevents excessive concentration
of power into any one branch and promotes effective
government by encouraging each branch to specialize.

Amending the Constitution
Constitutional Amendments
• The original 1876 Constitution has grown significantly in
length because it is frequently amended
• Since 1876, the legislature has proposed 673
amendments, 677 have gone before Texas voters
• The voters have approved 498

2019 Constitutional
Amendment Election

Proposed Nov. 2019
Texas Constitutional Amendments
• To view a research report discussing each of
the proposed amendments to the Texas
constitution which will be on the ballot in
November 2019, click on the link below.
https://www.lrl.texas.gov/scanned/Constitutio
nal_Amendments/amendments86_HRO_2019
-11-05.pdf

Constitutional Amendments
The Texas Constitution can be amended through a four-
step process:
• Two-thirds of both houses of the legislature propose an
amendment
• Secretary of state and attorney general approve the
proposals
• The proposals are advertised across the state
• Voters have the final say in the process: a majority must
approve each individual proposal in a general election or
in a special election

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