Yo, what it is! You know what it is, it’s your man Kingmusa— and welcome to The Study Guide! I'm here to break down today's class notes and help us learn together. Today we are going over Texas Gov’t and we will be focusing on Week 3: Texas Constitutions." Let's dive into our exploration of Texas Constitutions! We're looking at the foundational documents that have shaped Texas government.
Key Concept of the Day:
Today, we will evaluate the recurring themes present in Texas's constitutional history, discuss the primary motivations for Texas declaring independence from Mexico, analyze how the Constitution of 1876 was a direct reaction against the Constitution of 1869, provide a comparative overview of the six Texas Constitutions, and identify and discuss the major shortcomings of the current Texas Constitution. This week’s module explores the fascinating history of Texas constitutions, from its time as part of Mexico to its current governing document. We'll delve into the common threads that weave through these constitutions, the pivotal reasons behind Texas's declaration of independence, and how the current Constitution of 1876 emerged as a direct response to the Reconstruction-era Constitution of 1869.
We will also compare the key features of the six distinct Texas constitutions and examine the significant shortcomings of our present constitution. Texas has had seven constitutions, including the Mexican one, due to its unique history as an independent republic. This lecture compares and contrasts the six Texas constitutions, identifying common themes and significant differences. We’ll analyze the current Texas Constitution and highlight its flaws. We’ll cover past and current Texas constitutions, focusing on policies, ideals, and articles. Finally, we’ll explore themes like Social Contract Theory, which emphasizes the agreement between people and government for safety and the protection of rights. Texas constitutions recognize individual rights, including political rights like religion, voting, and education, influenced by the US Constitution. The principle of separation of powers is also incorporated, dividing government into branches to prevent any single branch from gaining excessive power.
Understanding the evolution of Texas's governing documents provides crucial context for our current political landscape. By examining past constitutions, we can grasp the enduring values and the historical events that have molded our state's governmental structure and identify areas where our present constitution falls short.
Here are the main points:
- Texas has a rich constitutional history, including the Constitution of the State of Coahuila and Tejas under Mexico in 1827. Key themes throughout Texas constitutions include social contract theory, individual rights, separation of powers, popular sovereignty, and a notable distrust of government.
- The 1836 Constitution of the Republic of Texas, heavily influenced by the U.S. Constitution, established a unitary government and included unique provisions like community property and homestead designation. It also notably prohibited free African Americans from residing in Texas.
- The Constitution of 1845 marked Texas's entry into the United States, adapting governmental structures and expanding the Bill of Rights. The Constitution of 1861 saw Texas join the Confederacy with minimal changes, while the Constitution of 1866, post-Civil War, was ultimately disbanded due to the restrictive Black Codes.
- The Constitution of 1869, under Reconstruction, introduced universal male suffrage and centralized power, sparking significant opposition. The current Constitution of 1876 was a reaction to this, limiting government power, re-establishing a plural executive, and prioritizing individual rights with an extensive Bill of Rights. It also reflected the Grangers' distrust of big business.
- Today, the Texas Constitution is criticized for being overly long and detailed, leading to frequent amendments (over 500!). Low voter turnout in amendment elections raises concerns about democratic legitimacy, with approximately 5% of the voting population participating. Despite several attempts, revising or replacing the current constitution has proven unsuccessful.
Did you know Texas has had not one, not two, but seven constitutions if you count the one it had under Mexico? This week, we're going on a constitutional journey! We'll see how ideas like the social contract, individual rights, and separation of powers have been constant themes. We'll also talk about why Texas decided to break away from Mexico and how the tough experience of Reconstruction shaped the constitution we have today. Plus, we'll look at some of the big problems people have with our current Texas Constitution. Texas’s constitutions emphasize the people’s power to make decisions through voting and government involvement. They also express deep-seated distrust of the government, fearing it might infringe on rights. Texas has had seven constitutions, the most recent one from 1836, based on the US Constitution and aiming for Texas’s union. It established a legislative, executive, and judicial branch with term limits for officials.
Slavery was legal, and African Americans who violated rules could be enslaved. The constitution also retained Spanish laws like community property and homestead protections. Over time, Texas’s constitutions have undergone significant changes. The 1845 constitution, adopted when Texas became a state, modified the legislature, executive branch, judiciary, voting rights, debt limits, and the Bill of Rights. The 1850 constitution limited the governor’s power by creating a plural executive and changing the governor’s election process. It’s considered one of the best state constitutions and the most popular in Texas. The 1861 constitution replaced references to the US with the Confederate States, raised the debt limit, and prohibited the emancipation of slaves.
The Reconstruction Goal was to rebuild the South and create a government aligned with US values. The US Military ensured the new government followed Congress laws and regulations. Black Codes limited freed slaves’ rights, including voting, holding office, and jury service. Voting Rights were extended to all male citizens, regardless of race. Power shifted to the state government, granting governors more authority and longer terms. Governors could appoint constitutionally aligned individuals, even if they lacked widespread support. The Fourteenth Amendment granted citizenship to former slaves and ensured equal treatment under the law. Post-war, former Confederate officials lost office, and Confederate debts were invalidated. Governor Edmund J. Davis’s four-year term (1870-1874) significantly impacted Texas. With the Freedmen’s Bureau’s assistance, African Americans gained the right to vote and elected African American officials. They even joined the state police to enforce new laws.
However, Davis declared martial law to address the Ku Klux Klan’s violence, which many Texans distrusted. Additionally, Davis’s public school system, run by a state superintendent, was unpopular and poorly managed, with corrupt appointed officials. The 1876 Texas Constitutional Convention addressed the state’s debt and limited government power, especially in railroads and spending. It featured conservative Democrats and the Grangers. Significant changes included limited government spending, abolition of the state police, replacement of the centralized school system with locally controlled schools, shortened governor’s term, salary-based governor’s income, limited appointment power, restricted bill types, limited law-making power, potential corruption, and detailed descriptions of each branch’s powers to prevent overreach. The Texas Bill of Rights, the first article, provides twenty-nine rights to protect individual freedoms.
Everyone has the right to a fair trial and the government can’t take you away without a reason. The Bill of Rights protects the government’s ability to take away our rights. The Constitution limited the power of big businesses, especially railroads, to protect farmers. Companies had to have offices in Texas to allow the state legislature to set rail rates. The Constitution didn’t want state banks due to concerns after bank runs and the national depression. The Texas Constitution is specific, requiring the legislature to change it to make regular laws. Amendments must be proposed and approved by two-thirds of both houses of the legislature before a vote. The Texas Constitution has been changed 517 times since 1876 due to its original strictness. Texas usually has low voter turnout in amendment elections, with only about 5% of the voting population participating.
In short, Texas's constitutional journey is a fascinating reflection of its history, from seeking independence to navigating Reconstruction and ultimately creating the complex document that governs us today. Understanding its evolution and its flaws is key to being an informed Texan.So, understanding the Texas Constitutions isn't just about memorizing dates. It's about seeing how Texas's unique history has shaped its government. From its desire for independence to its distrust of centralized power, each constitution tells a story. Recognizing the flaws in our current constitution is also the first step in thinking about how Texas might govern itself in the future.Low voter turnout makes it easy for a small group to change the Constitution.
The Texas Constitution is lengthy and difficult to understand, and amendment elections have low turnout. This could be detrimental to democracy. Despite attempts since 1876, constitutional changes have failed. Proposals have been blocked, a convention was rejected, and eight amendments were rejected in 1975. A new proposal in 1999 failed. To begin, you should understand the Texas Constitution and evaluate themes, discuss independence from Mexico, and compare and contrast Texas Constitutions. Reference materials are available to aid in remembering information.
That wraps up today’s episode of The Study Guide. Remember, we teach to learn, and I hope this has helped you understand Week 3: Texas Constitutions better. Keep studying, keep learning, and keep pushing toward your academic goals. Don’t forget to follow me on all platforms @Kingmusa428 and check out more episodes at kingmusa428.com. See y’all next time!
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