What distinguished the texas constitution of 1845 from previous constitutions?

journal article

Origins of the Texas Bill of Rights

The Southwestern Historical Quarterly

Vol. 62, No. 4 (Apr., 1959)

, pp. 457-466 (10 pages)

Published By: Texas State Historical Association

https://www.jstor.org/stable/30240845

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The Southwestern Historical Quarterly, continuously published since 1897, is the leading scholarly journal for Texas history and also features content relating to the history of the Greater Southwest. It is offered as a benefit of membership in the Texas State Historical Association.

Publisher Information

Founded as a private, nonprofit educational organization on March 2, 1897 – the 61st anniversary of the Texas Declaration of Independence – the Texas State Historical Association has long been regarded as one of the nation's most dynamic regional history organizations. Reinforced by more than one hundred years of scholarship and educational programs, its mission is to further the appreciation, understanding, and teaching of the rich history of Texas through research, writing, and publication of related historical material.

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In keeping with Texas' dramatic history, the Texas Constitution has gone through several different versions. Below is a brief timeline of the various Constitutions and their importance in the overall constitutional history of Texas. Each entry includes links to the text of that version and to its Handbook of Texas article.


1836: Texas Declaration of Independence & Constitution of the Republic of Texas

This was the first governing document of the Republic of Texas after it won independence from Mexico. It was a very short document based heavily on the U.S. Constitution. It was never amended and was in effect for only a few years before Texas joined the United States.

Handbook of Texas article on the 1836 Constitution


1845: First State Constitution

Upon joining the United States, Texas redrafted its Constitution completely. It became longer and more detailed, although it was still nowhere near the length it would eventually become. This Constitution is notable mainly for creating Texas' free public school system and school funding system.

Handbook of Texas article on the 1845 Constitution


1861: Confederate Constitution

When Texas seceded from the Union, it adopted this Constitution. The changes from the 1845 Constitution were minimal and consisted mainly of revising terminology to reflect Texas' membership in the Confederacy.

Handbook of Texas article on the 1861 Constitution


1866: Post-War Constitution

This temporary constitution was adopted immediately after the end of the Civil War when Texas was under the jurisdiction of the federal government. This Constitution was not intended to be the final governing document of the State; it was a placeholder meant to quickly get rid of the Confederate constitution and implement the requirements of Reconstruction. As such, its main effects were to abolish slavery and grant civil rights to African-Americans. It also for the first time gave the governor the power to exercise a line-item veto over budget provisions.

Handbook of Texas article on the 1866 Constitution


1869: Reconstruction Constitution

This Constitution is notable for never actually being completed or adopted by the Legislature. After the Constitutional Convention failed to agree on a final draft, the federal military forces occupying Texas took over and pieced together a Constitution from the various proposed articles. This is the version that was ratified by the public. This Constitution is notable for more explicitly abolishing slavery and guaranteeing civil rights to all citizens, in compliance with the Reconstruction Acts passed by Congress. However, it also included several provisions that greatly upset many Texans and paved the way for the next Constitution. Most notably, it stripped voting rights from former Confederate officers and vested immense power in government officials, especially the governor.

Handbook of Texas article on the 1869 Constitution


1876: Current Constitution

In reaction to the perceived abuses of the 1869 Constitution, the 1876 Constitution established the pattern of a long, restrictive document intended to act as a check on state government power. It substantially restricted the governor's powers and went into great detail on many relatively minor issues. This excessive detail was intended to prevent state officials from taking advantage of vague language in order to usurp local governance. It also created the state's unusual double supreme court system. This Constitution, in greatly amended form, is still in effect today.

Handbook of Texas article on the 1876 Constitution


1974: Proposed Constitution

In 1974, a Constitutional Convention was held in order to modernize and streamline the 1876 Constitution, which was viewed as cumbersome and outdated. However, the proposed revision failed by only 3 votes and was never submitted to the voters. The Legislature attempted to incorporate some proposals via constitutional amendments the next year, but all eight proposed amendments were defeated. Although the process did not result in a new constitution, it did leave a lasting legacy in the form of a trove of valuable research materials for constitutional scholars and historians.

Handbook of Texas article on the 1974 Constitutional Convention

What is the significance of the Texas Constitution of 1845?

Texas was able to take more care when drafting its first state constitution. Adopted just before annexation, the Constitution of 1845 set forth Texas law in a simple and straightforward manner. Constitutional scholars consider it to have been one of the best-drafted state constitutions.

What is the main idea of the Constitution of 1845?

The framers wrote the document with one basic idea in mind-the people should control the government. In this way, many of the principles and concepts of the Texas constitution of 1845 were similar to the United States Constitution. For example, the people had the power to elect government leaders.

How is the Texas Constitution different from other state constitutions?

Texas' constitution is one of the largest state constitutions in the U.S. - only Alabama's and California's are longer. It's notable for including a lot of very specific topics, including local government, taxes, and private property rights, that many other states leave to their legislatures.

What are the major similarities between the Texas Constitution of 1845 and the U.S. Constitution read more >>?

The U.S. and Texas Constitutions have some similarities: Both include the principles of representative democratic government, in which authority comes from the people. Both contain a bill of rights that protects civil liberties from the government.