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What’s The Difference Between The U.S. and Texas Constitutions?While many people learn about the U.S. Constitution in school, few give it much thought outside of school, and even fewer give the Texas Constitution any thought at all. While the U.S. Constitution applies to the federal government with the states being subordinate, the Texas Constitution (and all state constitutions) sets in writing what the state government can and cannot do with the counties being subordinate. While similar to the U.S Constitution, the Texas Constitution has some striking differences, many of which can make it more difficult to file constitutionally based lawsuits under Texas law. One of the most striking differences between the Texas and U.S. Constitutions is length. The U.S. Constitution is intentionally brief and vague, which allows the federal government to broadly interpret it. The Texas Constitution was written leaving little room for interpretation to ensure it cannot be interpreted in a manner inconsistent with the constitution’s ideals. The Texas Constitution gets its length from going into great detail. While the Texas Constitution grants Texans similar rights to the U.S. Constitution, the Texas Constitution is much more specific regarding exactly when these rights are infringed upon. While it may seem like this specificity would make legal matters cut and dry, in practice it can greatly complicate things. Filing a Lawsuit Under The Texas ConstitutionThere are generally two types of lawsuits filed under the Texas Constitution: facial challenges and “as applied” challenges. Facial challenges claim particular portions of the Texas Constitution are unconstitutional. In “as applied” challenges, plaintiffs argue constitutional statutes are being applied unconstitutionally in a way that discriminates against them because of their particular circumstances. Because Texas has a very specific constitution, it can be difficult to understand whether or not a statute was applied wrongly in “as applied” challenges. Only experienced lawyers familiar with the nuances of the Texas Constitution will be able to determine if a violation has occurred and provide enough evidence to overcome the burden of proof associated with these cases. Feldman & Feldman: Experts Constitutional LawAt Feldman & Feldman, our attorneys have extensive experience filing lawsuits under the Texas Constitution. We understand how complex these cases can be and are uniquely qualified to litigate and resolve these issues. If you believe your rights under the Texas Constitution have been infringed upon, contact us today. 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 are some differences between the Texas Constitution of 1836 and the U.S. Constitution?The U.S. Constitution concentrates executive power in the president. The Texas Constitution creates a plural executive that shares executive power across multiple elected offices. The Texas Constitution allows the governor to veto specific items contained within budget appropriations bills passed by the legislature.
What was a big difference between the Texas Constitution and the Texas Constitution?Unlike that Constitution, which has remained relatively brief with 27 amendments and has only been changed once since 1971, the Texas Constitution merely requires an amendment be passed by the state Legislature and approved by voters in a referendum.
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 distinguished the Texas Constitution of 1845 from previous constitutions?It was the most progressive constitution. It outlined a highly limited government. It had a practical approach to fiscal responsibility.
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What was a big difference between the Texas constitution of 1836 and the Texas constitution of 1845
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