Texas Constitution Question #2
A couple centuries ago, to be specific 1827 was the year of the very first Texas Constitution. The first Texas constitution was called, The Constitution of Coahuila y Tejas. The population of what is now Texas was about four-thousand. Before declaring its independence from Mexico, Texas operated under the Mexican Constitution where there were two houses of congress.
The lower house was composed of deputies serving two year terms. In the upper house, senators served four year terms and were selected by state legislatures. Texas’s break with Mexico was in large part a constitutional crisis that culminated in separation. Political conventions were held because the Texas citizens weren’t happy
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It wasn’t written in a way that it would permanently stick throughout the future for say like the U.S Constitution. The Constitution of Texas in my point of view should be rewritten with new type of language form that it would be précised to the point so it is clear to understand. Reasons being: The Texas constitution is almost a hundred thousand words long with over 500 modifications, it is way too long and disorganized, making it difficult to adequately understand. Resulting from many addition of so many amendments, the constitution is now one of the longest and most confusing constitutions out of all 50 states in the United States. Another even more alarming problem the Texas Constitution has, is the fragmented executive branch. The governor doesn’t have control over other states authorities, instead, he shares authority with them. The governor’s powers are limited. Another problem it has is the high level of detail. The high levels of details are accompanied by confusing organizations. Coverage of individual subject areas can be excruciating to read. For example areas like local governments are found in several different parts of the constitution. In those parts the constitution has some gaps where whole sections have been repealed. This means an entire articles have been repealed leaving only the title but no text. That’s a great example of why John E Paynter stated that “you don’t ever write a constitution like Texas’s.” I
The 1876 Texas State constitution is the basic framework of today’s legislature it consists of three branches the legislative branch which is comprised of the house and senate, and the executive and judiciary branch. In the following paragraphs we will discuss the Texas legislature’s major responsibilities relative to checks and balances.
The executive branch consists of the Governor, Lieutenant Governor, Comptroller of Public Accounts, Land Commissioner, Attorney General, Agriculture Commissioner, the three-member Texas Railroad Commission, the State Board of Education, and the Secretary of State. Texas has a plural executive branch system, which limits the power of the Governor. Except for the Secretary of State, all executive officers are elected independently, making them directly answerable to the public but not the Governor. The executive branch also includes several boards and commissions that are made up of a mixture of elections and gubernatorial appointments confirmed by the Senate. In addition, there are many independent boards, commissions, and agencies that operate independently of the governor. Power is decentralized among many officials. Although the governor appoints over 3,000 individuals to 285-plus state boards and commissions, he has very limited removal authority and thus, has little control over the executive branch. Even with the Governor appointing several members of boards and commissions, the overall effect is a large network of administrative groups that neither the
Because if a constitution does not reflect the state it’s supposed to, everything else does not matter. Texas is a diverse state in constant change, and the constitution should be able to adapt to current
In the Texas Constitution it talks about information that just deals with Texas alone, that the U.S. Constitution doesn't have. For one, it talks about Education. Explaining how it shall be the duty of the Legislature of the state to establish and make suitable provisions for the support and maintenance of an efficient system of public free schools. The Texas Constitution also includes information about corporations, municipal and private. It has the Spanish and Mexican Land titles under it which no other state has in their constitution. And finally the Texas Constitution establishes rules concerning railroads.
In 1836, the new Texas Constitution was written during the war for independence which had a separation of governmental powers, a bill of rights, a bicameral legislature. This had many adopted aspects from the Spanish and Mexican laws. In 1845, was modeled after other southern states and therefore referred to as the Statehood Constitution (Newell, 44). It embraced democratic principles and was influenced by Jacksonian democracy. In 1861, the Constitution was modified when Texas joined the Confederate States of America, this was called The Civil War Constitution. This is when Texas seceded to join the confederacy. In 1866, was on the losing side of the war and Texas was ordered by Andrew Jackson to revise the document. This new document abolished slavery and declared secession illegal. In 1869, reconstruction of the Constitution happened yet again because radical reconstructionists in Washington wanted southern states to write new constitutions with tougher standards. The present constitution the document was careful about what government could do and couldn’t do. This document has changed a bit and has had over 467 revisions but it is still the document that is used present day.
The constitution of 1824 required that each state make their own constitution, and Coahuila and Texas was formed as a single state under the federal republic of Mexico
Texas is one of the most powerful states in the union. Texas seems to thrive when other states are going under. Maybe the writers of the New Texas Constitution got it right. If it’s not broke, don’t fix it.
The Texas Constitution has evolved in many ways throughout history. Before the current constitution there were five predecessors. There were many factors that effected each of the five constitutions. After very long governance by Spain and Mexico and a small war with Mexico, the Texans finally won their independence. The first constitution had become official in September of 1836. This first constitution was called the Republic Of Texas Constitution. After struggling for about nine years to become apart of the Union, Texas’s second constitution was created. The Second constitution was called the Statehood Constitution and was thought to be one of the best constitutions of time. The Jacksonian Democracy greatly influenced the Statehood Constitution. The idea of the Jacksonian Democracy was to increase the people’s participation in the government. This Constitution lasted about 16 years until Texas joined the Confederate Sates of America in 1861. This third constitution was called the Civil War Constitution. The main goal was to modify the
From March 2, 1836 to February 19, 1846, Texas as its own independent country in North America. Those who resided in this independent country were referred to as Texians. Texas declared its independence from Mexico in 1836 during the Texas revolution which ended on April 21 of that same exact year. However, Mexico did not want to give the Republic of Texas its independence which resulted in conflicts between that of Texas and Mexico that went on into the 1840s. As a result, The United States of America recognized the Republic of Texas as an independent country in 1837 but failed to append their land. Later receiving its independence, Texas elected a Congress of fourteen senators and twenty-nine representatives in the month of September and year of 1836. However, within the Republic, citizenship was not a privileged for everybody living in Texas. Not everybody had legal rights to reside within the limits of the Republic without Congress permission. The Constitution of the Republic of Texas created differences for each and every ethnicity for each individual person. Meaning, whoever was there on the day the Republic of Texas won their independence had to be classified as a citizen of the Republic including Africans, those with African descent, and Native Americans. For Caucasian immigrants to become citizens they would have to had lived in the Republic for six months or less and take an oath. Those who were brought to Texas as a slave had to stay a
The most common Governmental figure in Texas is the Governor. This power is nothing more than that of a celebrity status. Although the Governor has the power to appoint independent boards and commissions, the senate has to confirm these appointments. This is called senatorial courtesy What is meant when this job is more like a celebrity is because of the Governors ceremonial roles as acting as Chief of State. This increases the Governors popularity and prestige, and broadens the image of the office. One important power or role that the Governor is responsible for is coordinating relations between Texas and other states. This can definitely be an important factor. For example, the need of federal aid during the time of an emergency can require the help of other states. The Governor also acts as the Chief Budget officer of the state. Even though the presiding officer presides over this office, the Governor does have some control. This is a very effective example of a good trustworthy system.
The U.S. constitution and the Texas constitution have similarities and differences. Both constitutions have a Bill of Rights. The Bill of Rights is a summary of the rights given to all people. These constitutions also talk about suffrage and taxes. Just like how both of these constitutions have similarities, they also have differences. The Texas constitution is longer than the U.S. constitution and discusses the rights first. It also deals with state and local issues not brought up in the U.S. constitution. Both constitutions have a Bill of Rights, but the Texas constitution discusses citizens’ rights at the beginning of article one. The Texas Bill of Rights has the same protections for citizens like the U.S. Bill of Rights does, but the Texas Bill of Rights extends beyond federal protections. The executive branch is the branch that the president is in charge of. The definition of the executive branch is “The branch of federal and state government that is broadly
In my analysis of the Texas Constitution I will assess the three branches of our State Government, the Legislative Branch, Executive Branch and finally the Judicial Branch. Our State Government resembles our National Government in various ways but also in very different ways which we will review in this essay. I will identify a handful of criticisms and problems associated with the provisions in each of these branches of our State Government and identify suggested reforms that many feel are needed.
The constitution mandates the legislators to hold biennial sessions; however, the governor also has the constitutional power to call for special or emergency sessions. Accordingly, the constitution empowers the legislators to amend the constitution, set policies, and also manage all state run institutional affairs. As mentioned in the first question, the constitution empowers the legislators to conduction processes such as legislative oversight and constituent functions, which are necessary whenever it comes to the implementation of government policies and programs. In a nutshell, the constitution of Texas simply provides a means for the legislators to follow the law especially when it comes to performing critical functions of the
The most common Governmental figure in Texas is the Governor. This power is nothing more than that of a celebrity status. Although the Governor has the power to appoint independent boards and commissions, the senate has to confirm these appointments. This is called senatorial courtesy What is meant when this job is more like a celebrity is because of the Governors ceremonial roles as acting as Chief of State. This increases the Governors popularity and prestige, and broadens the image of the office. One important power or role that the Governor is responsible for is coordinating relations between Texas and other states. This can definitely be an important factor. For example, the need of federal aid during the time of an emergency can require the help of other states. The Governor also acts as the Chief Budget officer of the state. Even though the presiding officer presides over this office, the Governor does have some control.
There has been seven Texas Constitutions since 1827 including our current Constitution, which was established on 1876. Our current constitution has been amended hundreds of times because of its tight restrictions. The Legislative department is the dominant branch of the Texas Constitution it is subject to check and balances in the tripartite system. The Executive department limits the government’s power, and the judicial powers is divided into smaller courts. These three branches of the Texas are examples of how restricted and limited our constitution is.