Texas Cons*tu*ons • Texas was governed by three wri6en cons*tu*ons before it joined the United States and then adopted and discarded three more as part of the US or Confederacy before the crea*on of the Cons*tu*on of 1876 that governs Texas today.
Spanish Texas • From their first visit about 1519 to their departure in 1821 the Spanish controlled Texas but there was no wri6en cons*tu*on.
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Professor Collier
PSC 141
• Mexico allowed Stephen F. Aus*n (and a few others) to bring Anglo colonists to the area because they felt it was be6er to bring in se6lers on the government’s terms rather than squa6ers who snuck in without the consent of authori*es (and because few Mexican ci*zens had interest in moving to the northern province).
• Moderate Anglo Texans sought only to be a separate state of Mexico and to enjoy certain rights as Mexican ci*zens.
• The Mexican cons*tu*on of 1824 originally gave the people of Texas some degree of self rule. However, the government a6empted to restrict local control. Texans removed the coat of arms from the center of a Mexican flag, and replaced it with the date of the 1824 cons*tu*on.
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Professor Collier
PSC 141
• Reflected – A desire to be accepted into the United States – Protec*on of slavery
• President Tyler (who had championed Texas’ annexa*on) is shown presiding over the marriage of "Columbia” (Represen*ng the U.S.) and Texas with the Mexican eagle in the background.
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Professor Collier
PSC 141
• The Cons)tu)on of 1866 was rejected by the U.S. Congress because Texas… – failed to ra)fy the 13th Amendment – Limited the rights of Freed slaves – Generally acted like they had won the Civil War
• Republicans made up 78 of the 90 Delegates in the 1868 Conven)on‐‐10 of the delegates were Freed slaves • The Cons)tu)on they draPed is regarded by some as beQer than the cons)tu)on that would replace it
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Professor Collier
PSC 141
Annual legisla*ve sessions A four‐year term for governor Appointment of judges by the governor 4‐day elec*ons
• Of the 90 delegates elected to serve in the Cons*tu*onal Conven*on – 75 were Democrats – 40 were members of “The Grange”
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Professor Collier
PSC 141
What kind of government would a bunch of farmers create?
• The Texas Cons*tu*on opens with a Bill of Rights that includes all of the rights contained in the US Bill of Rights along with other protec*ons such as forbidding imprisonment for debt.
• While the US cons*tu*on is only about 7,000 words, the Texas Cons*tu*on is about 80,000. • The cons*tu*on specified how sta*onery used by the state must be purchased, the maximum interest rate to be charged on loans, and the percentage of state money to be spent on educa*on
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Professor Collier
PSC 141
• The conven*on opted to disperse power throughout the government rather than centralizing it.
• Ci*zens select all the chief execu*ve offices of the state as well as judges from local jus*ces of the peace up the two supreme courts of Texas. • Originally, almost everyone was elected to two‐year terms
• The delegates refused to hire a stenographer to take notes of the proceedings because one could not be found for less than $10 a day. • They refused to publish the proceedings because of the expense. • They reduced the governor’s salary from $5,000 to $4,000 and cut legislators salaries from $8 to $5 a day
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Professor Collier
PSC 141
• Railroad rates were strictly regulated. • Banks could not incorporate
• The Conven*on had no Commi6ee on Style that would pull the provisions together into a clear structure.
• The cons*tu*on has been amended 440 *mes. • Ar*cle XVII spells out the three steps in amending the cons*tu*on Ini*a*on Publicity Ra*fica*on
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Professor Collier
PSC 141
• Ini*a*on requires gegng 2/3 vote of the en*re membership of each house.
• The Cons*tu*on requires that publicity be given to each amendment.
• Ra*fica*on requires a majority of the popular vote. • About 3/4 of amendments that are ini*ated are approved by voters. • As of 2007, the Texas Legislature had passed a total of 616 amendments of which 440 have been adopted and 176 were rejected
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Professor Collier
PSC 141
• A6empts were made to completely revise the Texas Cons*tu*on in 1919, 1925, 1941 and 1972. All were defeated in the legislature or at the ballot box.
