The Seven Constitutions of Texas

A Brief Tour

Influences on the Texas Constitution

• Political Culture– Traditionalism– Individualism

• Shared history with Mexico– Coahuila y Texas– Spanish Common Law tradition

• Texas Independence– Jacksonian Democracy– Independent Nation-State (1836-1846)

• Civil War & Reconstruction– Union Army Occupation– Radical Reconstruction Constitution– Distrust of Centralized executive power

1824: Coahuila y Tejas

• Texas stands as the northern part of Mexico’s largest State.– Sparse population of loyal Mexican citizens– Tribal populations generally would not consent

• Mexico issues land grants to foreign investors under specific conditions– Consent to reside on the land grant– Consent to jurisdiction of the Federal Republic of Mexico– Consent to join the Roman Catholic Church– Consent to conduct all official and legal business in Spanish– Consent to emancipate anyone held to service or labor

• Tejas files at least four Division Petitions– Citing inadequate representation at the State Capitol in Saltillo– Dividing Coahuila y Tejas

• At El Rio Bravo del Norte OR• At El Rio Nueces

– All petitions were declined

1836: The Texas Revolution

• Part of a larger revolt– Antonio Lopez de Santa Anna

suspends Federal Constitution• Attempts to establish a unitary

state• Installs himself as de facto

dictator– Uprisings in multiple states

• Coahuila y Texas, Durango, Guanajuato

• Michoacan, Queretaro, San Luis Potosi,

• Yucatan, Zacatecas– Lopez officially resigns the

Presidency in order to lead the Mexican Army into Zacatecas and Tejas

The Republic of Texas (1836-1846)• Establishes a Unitary Republic

– Institutional Separation of Powers• Legislative

– Unicameral Congress• Executive

– Directly elected President• Judiciary

– A supreme national court

• Challenges to Texas Independence– Insecure border with Mexico

• Lopez considers Texas a ‘rebel province’• Lopez’ army invades at least twice

– Economic instability• Mexico only viable trading partner• Nearest Accessible US port: New Orleans, against the Gulf current

– Insecure and ill-defined Western and Northern boundaries• Lipan, Chiricahua, Qohadi and Kiowa oppose both Texas and Mexican government

• Texas Annexed in 1845– Allows US protection– Allows Texas to join the US by forming up to five states– Texas joins as a ‘slave state’ to balance pro-slavery/anti-slavery factions

• after the Missouri Compromise of 1820

The State of Texas

• The US-Mexican War– Texas annexation= declaration of war– 1846-1848

• The Texas Constitution up to 1850– Similar to the Republic of Texas– Reflects having joined the United

States

• After 1850– Texas Constitution reflects Jacksonian

Democracy• Plural elected executive

• Elected court system

State of Texas in the CSA

• Texas and the Union– Texas claim that the US is a

confederation– Texas legislature narrowly

moves to secede • perceived violation of

reserved powers• Texas citizens deeply divided

on secession

• Texas Ordinance of Secession– Texas secedes from the US– Constitution amended to

reflect secession

• Civil War erupts

First Reconstruction (1866)

• Conditions for rejoining the US as a state– Rewrite the state constitution– Ratify the 13th Amendment– Constitution must be approved

by the US Congress

• Texas’ first attempt– Written largely by former

Confederates– Retains language of the 1836

Constitution– Establishes two distinct

classes of citizens—the “Black Codes”

– Rejected by US Congress

Second Reconstruction (1869)• Former Confederates boycott Texas Constitutional Convention• 1869 Constitution

– Radical and Moderate Republicans– Establishes a state government unfamiliar to most Texans– Legislative

• Annual sessions• Debt provisions

– Executive • Unitary Executive (Governor)• Strong Appointment power• Initiative power• Strong emergency powers

– Judiciary• Appointed by the Governor

• Governor Edmund J. Davis – Appoints Radical Republicans to top positions in state government– Appoints Radical Republicans to state courts– Establishes a state militia and state police force

• Used to enforce 13th and 14th Amendment restrictions against States• Paid for with money borrowed from Railroad companies• Made up largely of freedmen (former slaves)

The Election of 1873

• Hotly contested election– Both Davis and his Southern Democrat opponent claimed

victory– Numerous allegations of voter fraud and “ballot stuffing”– Davis requests Federal Military assistance to put down a

revolt– Grant refuses to send troops– Legislature threatens impeachment– Davis resigns

• The New Governor (Richard Coke) and the Texas Legislature call a Constitutional Convention

The Constitution of 1876• Foundation for the Current Texas

Constitution– Reaction to Reconstruction– Resurrects prior constitutional forms

• Severely restricts state government– Legislative branch

• Limited to biennial sessions of 140 days• No power to call special sessions• Balanced budget requirement

– Executive branch• Plural executive• Multiple independently elected executive offices• Governor chief executive in name only

– Judicial branch • All courts except municipal courts directly elected• Amended in the 1880s to split the Texas

Supreme Court into two Courts