Texas Government: The Texas Constitution (Chapter 2)

The Role of a State Constitution

- justify and make legitimate state political institutions by clearly explaining the source of their power and authority - delegate power, explaining which political powers are granted to particular institutions and individuals and how those powers are to be used - also are responsible for the establishment of local governments, including counties, municipalities, and special-purpose districts - prevent the concentration of political power by providing mechanisms that check and balance the powers of one political institution or individual officeholder against another - they define the limits of political power. Through declarations of rights, state constitutions explicitly forbid the intrusion of certain kinds of governmental activities into the lives of individuals. - Five ideas unite the U.S. and Texas constitutional experiences. First, political power in both the United States and Texas is ultimately derived from the people. Second, the U.S. and Texas constitutions feature separation of powers. The legislative, executive, and judicial branches of government have their own unique powers derived from the people. Third, the U.S. and Texas constitutions structure political power in such a way that the power of one branch is checked and balanced by the powers of the other two branches. The idea of checks and balances reflects a common concern among the framers of the U.S. Constitution and the authors of Texas's various constitutions that the intent of writing a constitution was not just to establish effective governing institutions but also to ensure that these institutions would not tyrannize the very people who established them. The concern for preventing the emergence of tyranny is also found in a fourth idea that underlies the U.S. and Texas constitutions: the idea of individual rights. The final idea embodied in both the U.S. and Texas constitutions is that of federalism, the division of government into a central government and a group of regional governments

Article 7: Education

-"an efficient system of public free schools." provide for the funding of public education and the creation of a State Board of Education to oversee the operations of elementary and secondary education. Article 7 also provides for the establishment and funding of a "University of the first class" to be called "The University of Texas" as well as an "agricultural and mechanical college" (Texas A&M University)

Article 6: Suffrage

-who may vote in Texas empowers the legislature to enact laws regulating voter registration and the selection of electors for president and vice president

Article 2: The Powers of Government

Article 11 Divides the power of government in Texas into (3) Distinct Branches: * Legislative * Executive * Judicial It also stipulates that no one in any one branch shall be attached to either of the other branches, except where explicitly permitted.

necessary and proper clause

Article I, Section 8, of the U.S. Constitution; it provides Congress with the authority to make all laws "necessary and proper" to carry out its powers - Section 8 begins by listing in detail the specific powers granted to Congress by the Constitution. The Founders apparently wanted to limit the scope of national government activities. But Section 8 concludes by granting Congress the power "necessary and proper" to accomplish its constitutional tasks.

supremacy clause

Article VI of the U.S. Constitution, which states that the Constitution and laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision - some important differences distinguish the constitutional experience of Texas from that of the United States. Most important is the subordinate role that Texas has in the federal system. Article VI of the U.S. Constitution contains the supremacy clause, declaring the Constitution and the laws of the United States to be "the supreme Law of the Land." The supremacy clause requires all judges in every state to be bound by the U.S. Constitution - One of the major issues of the Civil War was how the federal system was to be understood. Was the United States a confederation of autonomous sovereign states that were ultimately independent political entities capable of secession (much like the current European Union)? Or was it a perpetual union of states that were ultimately in a subordinate relationship to the central government? The results of the war and the ratification of the Fourteenth Amendment to the U.S. Constitution in 1868 ultimately resolved this debate in terms of the latter idea

Article 5: Judicial Department

Besides creating one (1) Supreme Court to hear civil cases and one court of criminal appeals to hear criminal cases. Article V, provides for such lesser courts like Court of Appeals, District courts, commissioner's courts, and justice of the peace courts. Also establishes details of retirement and compensation of judges, the jurisdictions of various courts, duties, and vacancies. the people elect state judges. Nine supreme court and nine court of criminal appeals judges are elected at large in the state, and lower court judges are elected by voters in their respective geographic locations. Much like the U.S. Constitution, the Texas Constitution seeks to create an independent judiciary that can check and balance the other two branches of government.

The Preamble

"Humbly invoking the blessings of Almighty God, the people of the State of Texas do ordain and establish this Constitution." This brevity is more than made up for in what follows.

The Constitution of 1861: Texas Joins the Confederacy

By 1860 slavery, concentrated in east Texas and along the Gulf Coast, had become a vital institution to the Texas economy. Pressure to secede mounted following the November 1860 election of President Abraham Lincoln, who was committed to resisting the further expansion of slavery. A staunch Unionist, Governor Sam Houston refused calls to convene a special session of the legislature to discuss secession. a number of influential political leaders in the state, including the chief justice of the Texas Supreme Court, called for a special convention in January 1861 to consider secession. Giving in to the pressure, Houston called a special session of the legislature in the hopes of undercutting the upcoming secession convention. The Texas Ordinance of Secession, produced by the convention on February 2, 1861, reflected this proslavery membership. it proclaimed that the northern states had broken faith with Texas, particularly regarding the institution of slavery, and that Northerners had violated the laws and constitution of the federal Union by appealing to a "higher law" that trampled on the rights of Texans. Texas voters approved secession from the Union on February 23, 1861. The secession convention then reconvened to enact a new constitution to guide the state as it entered the Confederacy. This constitution was surprisingly similar to the Constitution of 1845 except that references to the United States of America were replaced with references to the Confederate States of America. Public officials had to declare allegiance to the Confederacy, and slavery and states' rights were defended. A clause in the 1845 Constitution that provided for the possible emancipation of slaves was eliminated, and freeing slaves was declared illegal. more controversial proposals, such as resuming the African slave trade, were rejected.

The Constitution of 1866: Texas Rejoins the Union

Defeat in the Civil War led to the writing of another state constitution in 1866. The provisional governor, pro-Union Andrew Jackson Hamilton, called a constitutional convention on November 15, 1865, a little over six months after the surrender of Robert E. Lee's army in Virginia essentially ended the Confederacy's existence. Delegates were elected on January 8, 1866, and the convention was held February 7. Under the provisions of President Andrew Johnson's "Presidential Reconstruction," few former secessionists were excluded from voting. Male freed slaves were granted fundamental rights to their persons and property as well as the right to sue and be sued and to contract with others. However, they were not allowed to vote and were banned from holding public office. The various amendments to the Constitution of 1861 passed by the convention came to be known as the Constitution of 1866. As in the two previous constitutions, the size of the House was set between 45 and 90 members, and that of the Senate between 19 and 33. Terms of office remained the same as under the 1845 and 1861 constitutions, although salaries were increased. Reapportionment was to be based on the number of white male citizens, who would be counted in a census every 10 years. The salary was also increased for the governor, whose term was extended to 4 years, with a limit of 8 years in any 12-year period. The governor was also granted, for the first time, a line-item veto on appropriations. The comptroller and the treasurer were to be elected by the voters for 4-year terms. the state supreme court was expanded from three to five judges, whose terms were increased to 10 years, and whose salaries were also increased. The chief justice was to be selected from among the five judges on the supreme court. District court judges were to be elected for 8-year terms, and the attorney general for a 4-year term. Voters ratified the Constitution of 1866 in June in a relatively close referendum, 28,119 to 23,400. The close vote was attributed to a widespread unhappiness with the salary increases for the various state officers, 13 but there were other sources of opposition as well. Many unionists who had been driven from the state during the war rejected the constitution, arguing it was the product of a convention dominated by former secessionists. Their arguments gained force when the first legislature elected under the provisions of the Constitution of 1866 passed laws including the Black Codes, which limited the social, political, and economic status of African Americans in Texas. In response, Radical Republicans in Washington passed the Congressional Reconstruction Acts of 1867.

Article 16

General Provisions Catchall article -> oaths of office, breaking rules, Texas railroad system, state retirement program, etc

Article 3: Legislative Department

Legislative power in two houses: A Senate of 31 members & a House of Representatives of no more than 150 members. Stipulates term of office, qualifications, & salaries. House members serve two-year terms, whereas senators serve four-year terms, half being elected every two years. House members must be citizens of the United States, must be at least 21 years of age, and must have resided in the state for two years and in their district for one year. Senators must be citizens of the United States, must be at least 26 years old, and must have resided in the state for five years and in their districts for one year. In addition, Article 3 provides for the selection of ofcers in both houses of the legislature, states when and for how long the legislature shall meet (Section 5), and explains how the legislative proceedings will be conducted (Sections 29-41) and how representative districts will be apportioned (Sections 25, 26, and 28). also creates a bipartisan Texas Ethics Commission, whose job, among other things, is to recommend salary increases for members of the legislature and to set per diem rates for legislators and the lieutenant governor. The largest portion of Article 3 (Sections 47-64) is dedicated to addressing a variety of policy issues, including lotteries, emergency service districts, debt creation, the Veterans' Land Board and the Texas Water Development Board, Texas park development, the creation of a state medical education board, and even the establishment of an economic development fund

Article 17

Process for amending the constitution 1) proposed by legislature 2) approved by 2/3 of the house 3) official notice must be made public 4) majority approval from state voters in a statewide election

Article I: Bill of Rights

Section 1 of the Bill of Rights proclaims that "Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of local self government, unimpaired to all the States." it appears to accept the Constitution of the United States and the perpetuity of the Union. Put into proper historical context, however, it meant something very different. The Constitution of 1869, written under the watchful eyes of Radical Republicans in Texas and in the U.S. Congress, had rejected the "heresies of nullification and secession" and explicitly acknowledged that the U.S. Constitution was "the supreme law of the land" and that the Texas Constitution was "subject to national authority." Article 1, Section 1—the product of a constitutional convention in 1876 that was hostile to many of the eforts of Reconstruction—concedes two very different things: (1) that Texas is free and independent, "subject" to the U.S. Constitution, and (2) that free institutions and the perpetuity of the Union depend upon local selfgovernment that is "unimpaired." No mention is made of the supremacy of the U.S. Constitution over the state constitution. All "free men" are declared to have equal rights (Section 30) that cannot be denied or abridged because of sex, race, color, creed, or national origin (Section 3a). Freedom of religious worship is guaranteed (Section 6), and religious tests for office are prohibited (Section 4). Liberty of speech and liberty of the press are guaranteed (Section 8). Individuals are protected from unreasonable search and seizure of their homes and property (Section 9), from excessive bail (Section 11), from bills of attainder (imposing punishment for an action without holding a trial) and ex post facto laws (making an action into a crime retroactively) (Section 16), and from double jeopardy (being prosecuted twice for the same crime) (Section 14). Article 1 also guarantees an individual a right to trial by jury (Section 15) and the right to bear arms "in the lawful defense of himself or the State; but the Legislature shall have the power, by law, to regulate the wearing of arms, with a view to prevent crime" (Article 1, Section 23)

The Constitution of Texas Today

Six hundred and seventy-three amendments have been proposed by the legislature. Four hundred and ninety-one have been approved by the electorate, while 179 have been defeated. Many of the articles are lengthy, complex afairs, taking up over 67 pages of text in one edition of the Texas Almanac. But it is not just the length that diferentiates the two constitutions. There is a diference in tone. The Texas Constitution reflects the writers' fears of what government could do if the principle of limited government was not clearly established. the Texas Constitution also addresses a number of specific policy problems directly in the text, turning what might appear to be matters of public policy into issues of constitutional authority. By granting a variety of boards and districts a special place in the constitution, the framers created additional checks and balances that make it difcult for governors to exercise power efectively. Quite unintentionally, the Texas Constitution became a place where special interests could promote and protect their own agendas, even in the face of considerable political opposition. The contrasts in character between the federal and Texas constitutions are a direct reflection of the diferences in their framers' underlying goals. The U.S. Constitution was written to overcome the liabilities of the Articles of Confederation and create a government that could act efectively in the public welfare in a variety of policy areas. The Texas Constitution was written to prevent the expansion of governmental authority and the return of a system of political power that was perceived as acting against the interests of the people. US constitution: 7 article, 27 amendments Texas constitution: 16 articles, 509 amendments. Also heavily dependent on policy prescriptions.

Article 13

Spanish and American land titles (repealed)

Article 4: Executive Department

States that the Executive shall consist of six (6), Distinct offices: 1. The Governor, who serves as chief executive. 2. The Lieutenant Governor, who serves as the president of the Senate. 3. The Secretary of State, who keeps the official seals of the State. 4. The Comptroller of Public Accounts. 5. The Commissioner of the General Land Office 6. The Attorney General, who acts as the State's Chief Legal Officer. guarantees its members will have independent political bases in the electorate. This arrangement provides an additional check against any concentration of powers in the hands of any one person.

The Constitution of the Republic of Texas, 1836

Texans called for political conventions in 1832 and 1833 to discuss new constitutional forms of government. Along with demands for a more liberal immigration policy for people from the United States and for the establishment of English- and Spanish-speaking primary schools, calls for separate statehood for Texas emerged from the conventions. The 1833 convention actually drafted a constitution and sent Stephen F. Austin to Mexico City to petition the central government for reform. Austin's mission failed and led to his imprisonment. On November 7, 1835, a meeting of Texas political leaders at San Felipe adopted a declaration stating the reasons Texans were beginning to take up arms against the Mexican government. The declaration proclaimed that Texas was rising up in defense of its rights and liberties as well as the republican principles articulated in the Mexican Constitution of 1824. Of the 59 delegates attending the Convention of 1836, only 10 had lived in Texas prior to 1830, and 2 had arrived as late as 1836. Two thirds of the delegates—39—were from southern slave states, 6 were from the border state of Kentucky, 7 were from northern states, 3 were from Mexico (including 2 born in Texas), and 4 were from other English-speaking lands.6 The final products of the convention—the Texas Declaration of Independence and the Constitution of 1836—reflected the interests and values of these participants. delegates to the convention proclaimed that the federal constitutional regime they had been invited to live under by the rulers of Mexico had been replaced by a military tyranny that combined a "despotism of the sword and the priesthood." Echoing the American Declaration of Independence, they presented a long list of grievances against the central government. Written by George C. Childress and adopted by the general convention at Washington-on-the-Brazos on March 2, 1836, the Texas Declaration of Independence stated why the signers believed it was necessary to separate from Mexico and create an independent republic. document draws heavily on the ideas of John Locke and Thomas Jefferson for inspiration. The description of the role of the government, "to protect the lives, liberty, and property of the people," repeated verbatim Locke's litany of the primary reasons for establishing government. And like Jefferson's Declaration, Texas's declaration catalogs a list of grievances against the Mexican regime. the convention proceeded to draft and pass a new constitution reflecting these republican sentiments. the 1836 Constitution established an elected chief executive with considerable powers, a bicameral legislature, and a four-tiered judicial system composed of justice, county, district, and supreme courts. Power was divided among these three branches, with a system of checks and balances between them. The constitution also included complicated procedures for amendments, along with a bill of rights. values of American democracy percolated through the document in other ways as well, such as a guarantee that all white males could vote. Checks and balances were established between the three branches of government. , a number of important provisions from Spanish-Mexican law were adapted for the Texas Republic in the constitution, including the idea of community property in which property acquired by either spouse during a marriage would be jointly owned, homestead protections in which one's home would be protected during bankruptcy proceedings, and debtor relief. Texas moved closer to the Anglo-American model of jurisprudence in other ways. By 1840 the Republic of Texas formally adopted the rules of English Common Law to replace Spanish Law in most civil and criminal matters. Following Spanish and Mexican law, Texas initially retained ownership of all minerals under the ground even as land grants provided for individual ownership of the land itself. Until the Constitution of 1866, a consensus existed that the best model for developing Texas and its mineral resources was through direct government ownership of all mineral rights. Under the constitutions of 1866, 1869, and 1876, a new model was adopted granting ownership of mineral rights to the individuals who owned the land under which minerals were found. One of the most important aspects of the Constitution of 1836, at least from the perspective of newly immigrated Americans from the South, was its defense of slavery as an economic and political institution with constitutional protections. on April 21, 1836 Texas really become an independent state with a working constitution. Many questioned whether the Lone Star Republic would survive given the dismal state of its finances, an army that couldn't protect the republic's sweeping land claims to the west and the south, a hostile Mexico that only reluctantly accepted Texas's secession, and a United States that appeared to be unwilling to bring Texas into the Union.9 Annexation to the United States in 1845 ended such questions and brought into being a new constitution, this time a state constitution that would operate within the framework of the U.S. Constitution.

The Constitution of 1876

The final phase of Texas's Founding began with the passage of the Constitution of 1876. To prevent another government such as Davis's, eforts were made to write a new constitution, but in 1874 a proposed constitution was rejected by the legislature.15 Finally, in 1875, a new constitutional convention was called, with 3 delegates selected by popular vote from each of the 30 senatorial districts. The final composition of the convention included 75 white Democrats and 15 Republicans, 6 of whom were African American. Not one of the elected delegates had participated in the constitutional convention of 1868-69. the Constitution of 1876, is still the basis for Texas government today. In an era of agriculture when prices and incomes were low and when little was demanded or expected from government, much in the 1876 Constitution made sense. The framers were committed to a constitution with four major themes. First, they wanted strong popular control of state government; second, they believed that a constitution should seriously limit the power of state government; third, they sought economy in government; and fourth, they sought to promote agrarian interests, particularly those of small farmers, who formed the basis of support for the Grange movement. Popular control of state government meant that the governor's previously vast appointment powers were limited by making judges and other public ofcials subject to election. But it did not mean broadening the electorate. When the framers of the 1876 Constitution thought of popular control of government, they thought of control by white males In the efort to limit the powers of state government, the constitution placed great restrictions on governmental actions, restrictions that could be modified only through a complex constitutional amendment process. Executive authority was difused among numerous ofceholders, rather than concentrated in the hands of the governor. Although subsequently changed by constitutional amendment, an initial provision further limited gubernatorial power by setting a two-year term limit for the ofce. The constitution restricted the extent of government debt and of government's power to tax. In addition, there were limits on the salaries of state ofcials, especially legislators. A major economic depression had begun in 1873, and many Texans were experiencing economic hardship. One way money was saved was by decentralizing public education. The constitution provided for racially segregated schools and eliminated compulsory education laws. By gaining local control over education, white landowners could avoid paying taxes for the education of African American students Wishing to protect agrarian interests, the framers wrote provisions protecting homesteads from bankruptcy proceedings and restricting institutions that were perceived to be harmful to farmers, such as banks and railroads. There were also detailed regulations on railroad competition, freight and passenger rates, and railroad construction incentives The Constitution of 1876 was a conservative document with a distinctly populist flavor. On the one hand, it broke with the more activist government model laid out by the two reconstruction constitutions of 1866 and 1869. On the other hand, it sought to protect those being harmed by the social and economic changes that transformed Texas after Reconstruction. A new constitution with new provisions that restricted the activities of government became the bulwark of a conservative white social and political order in the state throughout the late nineteenth and early twentieth centuries the Texas Constitution of 1876 was a lengthy, rigid, and detailed document, and purposely so. Regulations curtailing government power were placed not in statutes where they could easily be reversed, but in the body of the constitution. The goal of this design was to ensure that the Radical Republicans and Edmund Davis would never again be able to control the state.

Sharpstown Scandal

The legislative scandal of 1971-1972 that resulted in a bribery conviction of the House Speaker and other officials and set the stage for the 1973 reform session. 1970s corruption among high-ranking Democratic officials attempt after that corruption to replace the existing constitution with a new one but it fails

The Texas State Constitution of 1845

The next phase of Texas's Founding took place from 1845 to 1861. Although the 1836 Constitution called for annexation by the United States, Texas remained an independent republic for nine years. The reasons included American concerns that if Texas were admitted to the Union as a slave state, the move could alter the delicate balance between slave and free states and further divide the nation over the sensitive subject of slavery. Additionally, it was feared that annexation by the United States would lead to war with Mexico. hesitation over annexation was overcome by the mid-1840s. On March 1, 1845, the U.S. Congress approved a resolution that brought Texas into the Union as a state. The annexation resolution had a number of interesting provisions. First, the Republic of Texas ceded to the United States all military armaments, bases, and facilities pertaining to public defense. Second, Texas retained a right to all "its vacant and unappropriated lands" as well as responsibility for its public debts. The boundary issues were not resolved until Congress passed the Compromise of 1850, which among other provisions established Texas's present boundaries in exchange for a payment from the federal government, some of which was used to pay the state's debts. Finally, Texas was given permission to break up into four additional states when its population proved adequate. On July 4, 1845, Anson Jones, fourth and final president of the Republic of Texas, called a convention in Austin to draft a state constitution. Drafters of the constitution relied heavily on the Constitution of 1836, although the final document ended up being almost twice as long. The familiar doctrines of separation of powers, checks and balances, and individual rights defined the basic design of government. Under the Constitution of 1845, the legislature would be composed of two houses. The House of Representatives would have between 45 and 90 members, elected for two year terms, and the Senate between 19 and 33 members, elected for four-year terms. revenue bills would have to originate in the House. In a separate article on education, the legislature was ordered to establish a public school system and to set aside lands to support a Permanent School Fund. Another power granted to the legislature was the authority to select the state treasurer and comptroller in a joint session. provided for an elected governor and lieutenant governor. The governor's term was set at two years, and a governor could serve only four years in any six-year period. Among the executive powers granted to the governor were powers to convene and adjourn the legislature, to veto legislation (vetoes could be overturned by a two-thirds vote of each house of the legislature), to grant pardons and reprieves, and to command the state militia. The governor also had the power to appoint the attorney general, secretary of state, and district and supreme court judges. The Constitution of 1845 established a judicial branch consisting of a supreme court composed of three judges, district courts, and lower courts deemed necessary by the legislature. Judges on the higher courts were to be appointed to six-year terms and could be removed from office subject to a two-thirds vote of each house After being proposed by a two thirds vote of each house, amendments had to be approved by a majority of the voters and then by another two-thirds vote of each house in the next legislature in order to be ratified. Only one amendment was ever made, an 1850 provision for the election of state officials who were originally appointed by the governor or by the legislature.

The Reconstruction Constitution of 1869

Under the direction of Congress, General Winfield Scott, the commander of the Union military force that was still occupying Texas and Louisiana, summarily dismissed most state ofcials elected to ofce under the 1866 Constitution and called for a new convention to write a new constitution in Texas in 1868. This time, however, former secessionists would be banned from voting or holding ofce. Against limited Democratic opposition, Radical Republicans easily won the vote to hold a convention by 44,689 to 11,440. Of the 90 delegates to the convention, only 6 had served in the previous constitutional convention. Ten were African American. The vast majority represented the interests of various wings in the Republican Party. In the final days of the convention, delegates finally got down to the constitutional matters and the challenges of accepting the Thirteenth and Fourteenth Amendments to the United States Constitution, which abolished slavery, provided full citizenship to African Americans, and restricted former secessionists from holding ofce. Although delegates never completed their task of reworking the Constitution of 1866, the results of their eforts were published under orders by military ofcials, without being submitted to the voters, and became the Constitution of 1869. The U.S. Constitution was declared to be the supreme law of the land. As in the 1866 Constitution, slavery was forbidden. But now African Americans were given the right to vote. Fourteenth Amendment guarantees of the privileges and immunities of citizens, due process under law, and equal protection under the law were recognized. Additionally, the constitution altered the relationship among the three branches of government. The House of Representatives was set at 90 and the Senate at 30 members. Senatorial terms were extended to six years, with one-third of the seats to be elected every biennium. Legislative sessions were to be held annually. The powers of the governor were vastly expanded. Among other things, the governor was given wide-ranging appointment powers that included the power to appoint judges. The state supreme court was reduced from five to three judges, and their term was reduced to nine years, with one new judge to be appointed every three years. Salaries for state ofcials were increased. Underlying and fueling the debate over the Constitution of 1869 was another deeper constitutional debate about the meaning of the Secession Ordinance of 1861, the Constitution of 1861, and the Texas government that had functioned under the Confederacy. From the perspective of the U.S. Constitution, had Texas ever "left the union"? Was the Constitution of 1861 "illegal"? And what about the laws that had been passed by the legislature under the powers granted by the 1861 Constitution? Were they the law of the land, or did they have no legal force? Were all laws that had been written and all contracts that had been made during the period of rebellion "null and void"? This debate came to an end with the U.S. Supreme Court decision Texas v. White et al. (1869). Here, the court ruled that Texas had never left the Union, which was "perpetual, and as indissoluble as the union between the original states." The Ordinance of Secession of 1861 and all acts of the legislature that gave efect to that ordinance were considered to be "null". The first governor elected under the Constitution of 1869 was Edmund Davis, a Republican afliated with the Radical faction of the party and a former Union general. Davis had vast authority, since the constitution had centralized power in the executive while reducing local governmental control. Davis sought to maintain his rule by relying on former slaves who had become a bulwark of the Republican Party in the state, and by limiting the reintegration of former Confederates into state politics. In 1872 the Democrats regained control of the legislature, and in 1873 the Democrat Richard Coke was elected governor. Davis attempted to maintain control over the governor's ofce by having his handpicked supreme court invalidate Coke's election. He refused to give up his ofce and surrounded himself with state police in the capitol. However, when Democrats slipped past the guards and gathered upstairs in the capitol to organize a government, Davis was unable to obtain federal troops to maintain him in ofce and finally had to leave.

Radical Republicans

a bloc of Republicans in the U.S. Congress who pushed through the adoption of African American suffrage as well as an extended period of military occupation of the South following the Civil War

Grange

a militant farmers' movement of the late nineteenth century that fought for improved conditions for farmers

limited government

a principle of constitutional government; a government whose powers are defned and limited by a constitution

Presidential Reconstruction

a reconstruction plan for reintegrating former confederate states back into the Union and freeing the slaves that placed mild demands upon the existing white power structure

republican government

a representative democracy, a system of government in which power is derived from the people

federalism

a system of government in which power is divided, by a constitution, between a central government and regional governments

tyranny

according to James Madison, the concentration of power in any one branch of government - In this theory of checks and balances, both the U.S. and Texas constitutions embody the ideas articulated by James Madison in The Federalist Papers, nos. 10, 47, and 51. There, Madison argued that one of the most effective ways of preventing tyranny (the concentration of power in one branch of government) was to pit the self-interest of officeholders in one branch against that of officeholders in the other branches

plural executive

an executive branch in which power is fragmented because the election of statewide officeholders is independent of the election of the governor

unicameral

comprising one body or house, as in a one-house legislature - Legislative power for the state was placed in a unicameral legislature composed of 12 deputies elected by the people, including 2 representing Bexar

The Constitution of Coahuila y Tejas, 1827

first federal constitution that Texas operated under was thus the Mexican Constitution of 1824. At the national level, it provided for two houses of Congress, a president and vice president elected for four-year terms by the legislative bodies of the states, and a supreme court. no attempt was made to define the scope of states' rights within the Mexican confederation, and local affairs remained independent of the central government. Catholicism was established as the state religion and was supported financially by the state. More than two years were spent drafting a constitution for the new state. It was finally published on March 11, 1827. the legislature was also empowered to elect state officials when no majority emerged from the popular vote, to serve as a grand jury in political and military matters, and to regulate the state's army and militia. Executive power was vested in a governor and a vice governor, each elected by the people for a four-year term. Judicial power was placed in state courts. The Constitution of 1827 formally guaranteed citizens the right to liberty, security, property, and equality. Its language also supported efforts to curtail the spread of slavery. Political instability in Mexico in the late 1820s and early 1830s largely undercut the provisions and protections of both the federal and the state constitutions under which Texans lived. But these constitutions were important to political debate at the time as discontent against the central government built up. At least in the early stages of the Texas rebellion against Mexico, many Texans could, and did, see themselves as defending these constitutions and most of the political principles that they represented. The turn away from defending the Mexican Constitution of 1824 and the state constitution of 1827 to articulating a new constitutional regime relying more on American political and cultural values was a fundamental step on the road to independence for Texas.

bicameral

having a legislative assembly composed of two chambers or houses

Article 15

impeachment. A sitting official may be tried or investigated for a crime. The Texas house has the power to impeach the governor or any members of the plural executive. The Senate has the right to trial. Impeached officers cannot work until the trial is resolved. No clarity provided to what is impeachable, but it provides certainty of how judges can be removed from power.

Article 9, 11

limited government

Article 12

private corporations

Article 14

public lands

Article 10

railroads

Article 8: Taxation and Revenue

state has the power to tax income. Can be modified by an amendment

Confederacy

the Confederate States of America, those southern states that seceded from the United States in late 1860 and 1861 and argued that the power of the states was more important than the power of the central government

checks and balances

the constitutional idea that overlapping power is given to different branches of government to limit the concentration of power in any one branch

separation of powers

the division of governmental power among several institutions that must cooperate in decision making

constitution

the legal structure of a government, which establishes its power and authority as well as the limits on that power

Congressional Reconstruction

the reconstruction program put forward by radical Republicans in Congress in 1866 that disenfranchised former Confederates and granted former slaves American citizenship and the right to vote

Constitutional amendments

typically pass with low participation from the electorate less than 20% most times, sometimes 10% usually posed in voter "off" years - years without state-wide officials up to election or re-election many amendments appear insignificant to most voters.