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Reason for the texas constitution
Reason for the texas constitution
Texas constitution quizlet
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The constitution establish major governing institutions, assign institution’s power, place explicit and implicit control on power granted. All this gives the political legitimacy. The U.S constitution gives the base model for state constitution for Texas. Strict constitution is a legal philosophy of judicial interpretation in which the original intent of the constitution holds that the Constitution means exactly what it says. Strict means limited government and mostly the governments are limited by the statues or formal written enactments. Statutes command or prohibit something, or declare policy that are laws made by legislative bodies and distinguished from case law which is decided by courts, and regulations issued by government agencies. …show more content…
Its breakdown in Mexican Statehood was caused by Gnereal Santa Anna’s centralized all power in Mexico City and limited U.S. trade, and the Battle of the Alamo was the final nail in the coffin. Then Texas was called the Republic of the Rio Grande, and the capital was Laredo. It was a small country that only existed in 1840, but it was never officially recognized. The second constitution was the Republic of Texas in 1836 to 1845. It was an independent nation that nearly copied the US Document. Texas mandated homestead protections, establish wife and community property rights, and legalized slavery. The Republic of Texas breakdown caused by the US Statehood in 1845. After, the Republic of Texas became the State of Texas in 1845. This breakdown when economic tyranny by the north and slavery. 1861 - 1865, the Confederate State of Texas replaced US with Confederacy in the documents of 1845 and banned the freeing of slaves. It breakdown caused by the lose of Confederacy in Civil War. The history of how Texas got to the current constitution can be compare to the Mexico history. As Texas gained their independence from Mexico, Mexico gained their independence from Spain. After looking over the articles in Texas Constitution, I found interest in the first the Article 1. Every citizen should know that the first Article is the Bill of Rights, which is also the first ten Amendments of the United States Constitution.
It is surprising to know that in the span of 49 years, Texas went through seven different constitutions reflecting the changes of time. Every experience Texas went through made the constitution more and more detailed and showed more distrust in the government. However, time has changed Texas from an agricultural world to a technological world and yet the Constitution of 1876 remains the law of the state. Although Texas endured the Civil War and the Reconstruction period after the Constitution of 1845 was ratified, the Constitution of 1876 was drafted from the Constitution of 1845.
The Texas Constitution is a document that describes the structure and purpose of the government in Texas. It took effect in February 15, 1876 and is amongst the longest state constitutions in the United States. It is the sixth constitution since claiming their independence from Mexico in 1836. Texas joined the United States under the Constitution of 1845 with provisions. Those provisions included allowing Texas to enter the union and begin the first U.S. statehood constitution. In 1861 Texas amended to transfer their statehood to the Confederacy. After the Confederacy was defeated Texas was required to adopt a constitution if they wanted to rejoin the union. The 1866 Constitution Convention emerged with a document but it did not last very long.
For almost fifty years, from 1827 to 1876, seven constitutions were adopted and implemented for Taxes and each one has its set of laws and contained specific ways, aimed at correcting the deficiencies and drawbacks of the previously adopted order. The Constitution of 1876 is the sixth one, which set the rules and laws for Texas government since the state has achieved its independence from Mexico in 1836. The constitution established the principles of Texas Democratic Government and specified the laws, which were applied to the three branches of government: legislative, juridical and executive.
The Constitution of the United States and the Texas Constitution share many similarities. They also have important differences due to different attitudes about what the role of government should be. It is important to know the limits of the state’s power as it can help us better understand our role as a Texas citizen.
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 written then was the fifth that the state has been ruled under, and is the one still in place today. At that point in Texas history, the state was primarily agricultural, and that was obvious by the delegates present at the Constitutional Convention. This resulted in a large percentage of the rewritten constitution being in favor of individualistic political culture; a weaker, more limited state government in which voters have a great deal of
The United States Constitution is one of the most used documents in American History, as it is the foundation of American democracy. Within the constitution, the tenth amendment grants, “…The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Thus, Texas also has a Constitution, which outlines important powers within the state, itself. Both of these documents are extremely important to understand together, but to also understand their differences. Some examples of the differences between the Texas State Constitution and the United States Constitution include, the powers of the President and the Governor, the varying Legislative sessions,
Now, the Mexican Revolution was just a small beginning for the eventual state of Texas. Back in 1809, Texas was just a provenance in the Spanish Empire and its inhabitants were mostly converted Native Americans and people of Spanish descent, but not native born of Spain. The Spanish born people had more rights and were, according to the law, superior to all others. This and more oppression by the Spanish against the Mexicans (i.e. the Native Americans and non-Spanish born), caused an uprising by the common people that was started by a Catholic priest in 1809. It would take 16 more years before Mexico had won its independence from Spain like the US had from Great Britain.
From being established as a Spanish colony to an independent nation to finally as a state within the United States, Texas, as it is named today, held its fair share of battles and conflicts on the way to how it is today. Most notably is The Texas Revolution in which the colony fought the recently independent Mexico to become its own republic. And the colony actually succeeded in doing so by issuing the Texas Declaration of Independence on March 2, 1836 and later the Treaties of Velasco which on paper ended the fighting between Mexico and Texas.
Strict interpretation has been described as the Constitution authorizing a power or privilege in order for either the action or privilege to be legal. Loose interpretation has been described as the government being able to act seemingly freely as long as the Constitution doesn’t prohibit an action. Furthermore, our Constitution is definitely a profound document. The Constitution is small, compact, and written in very plain language easily understood by all. The Constitution is unlike our legal code, which makes its contents accessible to anyone who can read. That's intentional and a loose interpretation completely stirs away from that
The Texas legislative branch is the most powerful branch in the Texas government. The demographics of the branch poorly represent the make of the Texas’ population. The state of Texas has approximately a fifty-fifty split between men and women. The Texas House of Representatives are split with a twenty-one percent to seventy-nine percent men representation. The senate differs slightly in that women make-up twenty-three percent of the senate and men make-up seventy-seven percent of the senate. Furthermore, the Texas population is about fourth-seven percent Democrat and fifty-three percent Republican. However, due to gerrymandering, and discouraged voters and nonvoters the actual legislative representation of the legislative branch is disproportionately
The Constitution is responsible for establishing and distinguishing the powers of the presidency, Congress, and the court system. It says that each state must acknowledge the laws of other states and that the Constitution is the supreme law of the land. The Constitution is made of seven articles and twenty-seven amendments
The United States Constitution and Texas Constitution are similar, but not indistinguishable. One can see that the constitution was made to prevent tyranny in the states from the idea of the federalists who wanted to build a strong form of government that gave people rights without giving their representatives too much power. In the U.S. Constitution, the elites made the decision that they would form a representative government with a Bill of Rights in order for the anti-federalists to agree to sign. The constitution established a stronger form of government, which helped the economic and social tensions. The constitution consists of: the preamble, which states the general principles for a government, the Bill
The constitution in itself decentralizes power because in the Reconstruction of 1869 the main goal was to avoid the happenings of past constitutions that allowed too much power to be given to the Governor’s office that caused corruption and turmoil. Because of the money that was stolen, the lost property of citizens, and businesses, the Texas Constitution made the office of the governor weak. The government structure is now referred to as a Plural Executive, meaning the power is spread out throughout executive positions. These executives are now state wide elected officials that represent the values of the percentage of the population who vote, who are mostly white, of higher income and higher education. The agriculture commissioner is responsible for varieties of programs that promotes agricultural economy and encourage healthy living. The land commissioner serves as the head of the Texas General Land Commission which manages land and mineral rights. The comptroller heads the department that tracks all state money and they provide the framework for developing the state’s biannual budget which can then be signed by the governor and back to the comptroller to at least balance out the budget that the State of Texas is constitutionally obligated to adhere to. Until the comptroller certifies that the budget is balanced or a
A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government. After the American Revolution, each of the original 13 colonies operated under its own rules of government. Most states were against any form of centralized rule from the government. They feared that what happened in England would happen again. They decided to write the Articles of Confederation, which was ratified in 1781. It was not effective and it led to many problems. The central government could not regulate commerce between states, deal with foreign governments or settle disputes. The country was falling apart at its seams. The central government could not provide assistance to the state because there wasn’t a central army. When they realized that the Articles of Confederation was not up to par, they held a convention, known as the Constitutional Convention of 1787. As a result of t...