Running head: The Seven Constitutions of the state of texas1

The Seven Constitutions of Texas and

The Personally Ideal Constitution

Tyler L. Caldwell

Mclennan Community College

The Seven Constitutions of the state of texas 2

Abstract

This paper explains and analyzes the seven constitutions of Texas and how they are governed

under them. The following pages briefly describe each of the constitutions that were active at

some point in Texas history and if each are either practical or impractical to implement into

Texas Government. This paper also lists the varied systems of government that were used in the

specific time period to suit the current needs of Texas citizens. After the seven different

constitutions are described, then one is chosen to be the ideal government that Texas should be

operating within based on personal opinion.

Keywords: seven constitutions of Texas, ideal government, varied systems of

government
The Seven Constitutions of the state of texas 3

The Seven Constitutions of Texas and

The Personally Ideal Constitution

The written constitution is the most important document in any government due to its

always changing nature to suit the needs of both the governing and the governed people. One

such constitution would be the Texas Constitution, which is undoubtedly longer than the national

document, the U.S. Constitution, because of the time period it was written in. Constitutions in

general provide the boundaries and principles the everyday citizen must live by while keeping to

the betterment of said citizens.

The Constitution of Coahuila y Tejas

The Constitution of Coahuila y Tejas was the first constitution introduced in 1827 when

Texas was part of Mexico and its state Coahuila. The document laid out legislative power

through a unicameral congress consisting of twelve deputies, two from Texas which were chosen

by the popular vote. This branch met yearly in the first four months for a special session. The

executive branch was run by the governor and vice governor, also elected through popular vote,

who enforced written law, led local military, and controlled pardons in four year terms. The state

religion was Catholicism but was not required for Anglo descendants and were still not forced to

pay taxes as well as serving in the military. Lastly, the Judiciary branch acted as an overseer to

trials and cases through the court systems, but were forbidden to interpreting the law.

The Republic of Texas Constitution of 1836

The Republic of Texas Constitution was created when Texas declared its independence

from Mexico, establishing the Republic of Texas in 1836. Similar to the US Constitution, it was a

brief document that consisted of approximately sixty-five hundred words. The document

implemented checks in balances placing three systems in government, the legislature, executive,
The Seven Constitutions of the state of texas 4

and judicial branches. This independent nation created a bicameral legislature, the House of

Representatives, and a Senate for equal distribution and separation of powers. Representatives

served one year terms in House while the Senators served three years. The executive branch was

shaped similar to the president in todays government, except they were elected through popular

vote solely. The judiciary branch contained four groups, the county, justice, supreme, and district

courts pertaining to different levels of cases. It also stated that African and Native Americans

were restricted to obtain citizenship and slavery was granted.

The State Constitution of 1845.

When the Republic of Texas joined the United States in 1845, the State Constitution of

1845 was crafted in place of it. Overall, the constitution succeeds in solving problems presented

in the current. The legislature was also bicameral as its predecessor, giving a salary of three

dollars each day. Representatives served two year terms while the Senate served four years,

granting longer terms than before. Texas governor served two years but could be elected twice

similar to the modern Presidency terms and were able to run for governor again after six years

had passed. The governor chose the secretary of state and attorney general, finalized by the

Senate, and also picked supreme court judges, and district courts, while having the power to veto

laws created by legislature which two-thirds support by the other two branches. The judiciary

branch was made up of all the Courts previously mentioned. Amending to the document also

needed two-thirds approval of other houses as well as popular vote majority. In this time period,

Texas accomplished establishing a public school system and led the way for the Permanent

School Fund.
The Seven Constitutions of the state of texas 5

The Confederate Constitution of 1861.

As Texas seceded from the Union, it triggered creating the Confederate Constitution of

1861 during the open days of the Civil War. Most of the previous constitution was brought

forward with a few exceptions as the name was changed and laws forbidding rebellion.

Legislative, Judicial, and Executive branches also remained exactly the same. Slavery was

brought back again as the freeing of slaves was illegal.

The Post-Civil War Constitution of 1866.

Once again after the South lost, Texas and all the Confederacy were forced into joining

the Union again, applying the already existing system of government to the Post-Civil War

Constitution of 1866 with major and minor changes. This constitution abolished slavery and

prevented another secession by granting it illegal. Through tradition, the legislature stayed

constantly bicameral, even raising salaries from three to eight dollars daily. In order to run for

legislator, the candidate must have been residing in Texas for five years and needed to be white

in color. Major changes modified governor terms to four years, only being able to run twice

every twelve-year time. The governor was also granted power to veto supply bills. Supreme

Court now consisted of five judges each with a ten-year term while District judges were elected

through the consent of citizens in eight-year terms. The requirement to amend and to hold

conventions by the governor for change also increased from 67 to 75 percent of approval from

both branches, giving reassessments of current amendments harder to mold for the betterment of

society.

The Reconstruction Constitution of 1869

In the rise of the Industrial Era, radical republicans gained a huge grip on the

government, transforming the constitution into something unlike any other before. Called the
The Seven Constitutions of the state of texas 6

Reconstruction Constitution of 1869, it radicalized former views of the constitution making it the

custom of all problems and issues needing to be resolved. As some previously active

constitutions, slavery was stated as illegal and equality started to spread into other minorities.

This made the recently freed African Americans need someplace to live, giving them a chance

for their own voice in government. The legislative branch was issued changes, granting senators

four-year terms. In the executive branch, Texas governor chose secretary of state and attorney

general while all others were based solely on the citizens consent. The Supreme Court was

revised, decreasing five to three while cutting down on term length from ten to nine years. Other

judicial positions could now be picked by higher authority. The way laws were amended still

stayed constant from the previous constitution. In education, it was now mandatory for your

presence to be present.

The Texas Constitution of 1876

The most recent and therefore active state constitution would be the Texas Constitution of

1876. Created from democrats taking it back from Radical Republicans, it planned to decrease

government and increase individual control. This caused the once brief document to instead be

lengthy, covering more limiting factors in legislative, executive, and judicial branches.

Legislature sessions decreased to one-hundred and forty days, biannually. Salaries were also cut

to prevent a power hungry politician. This system promoted balanced power between the people

and government. Since the governor had more power previously, the plural executive was

created, dividing ability into five different roles, the attorney general, treasurer, lieutenant

governor, comptroller, and land commissioner. Since most powers were reduced, the judicial

branch also gave way to a divided court system for criminal and civil cases. Any and all judges

had laconic terms and were elected through the peoples consent. The pass of change in
The Seven Constitutions of the state of texas 7

constitutions were extremely slim that it was almost not passed at all. Since that day, the Texas

Constitution was amended four-hundred ninety-one times on different accounts.

The Personally Ideal Constitution

Out of all seven constitutions, the Texas Constitution of 1876 seemed to me as the best

working document since it has been active for one-hundred and forty-one years in total, dealing

with all problems since that day. Even being amended over four-hundred times, the constitution

has successfully dealt with any and all difficulties for more than a century. Based upon fact and

personal opinion, even democrats in the 19th Century had similar mindsets to current

Republicans today, striving for smaller government control with more individual freedom with

business and choices. Dividing power is the central idea shared between the democrats of those

days and modern republicans. Why fix it if the system is not broken? Broadly, this document is

the most favorable to myself because like previously mentioned the system thrived throughout

much hardship and formed itself into what was needed at the time making it the most successful.
The Seven Constitutions of the state of texas 8

References

Gibson, L. T., & Robison, C. (2013). Government and politics in the Lone Star State.

Boston: Pearson.

Coleman, M. (n.d.). Texas Constitutional History. Retrieved January 29, 2017, from

https://dlc.dcccd.edu/txgov1-2/texas-constitutional-history