Texas has functioned under five fundamental laws ( Johnston 142 ) . Its current fundamental law. nevertheless. was written in 1876 ( Johnston 146 ) . The fundamental law of 1876 is Texas’ 6th fundamental law and by far. represents the cardinal regulation that governs Texas ( Handbook of Texas Online ) . The fundamental law underpinned Texas’ relationship with the Spanish and the Mexican ( Handbook of Texas Online ) . To understand the Texas Constitution of 1876 is to first understand its historical context.
The first Europeans to detect Texas were the Spaniards ( Johnston 142 ) . By 1821. a Texan named Stephen Austin bargained for 300 households to settle in Texas ( 144 ) . The first fundamental law of Texas came approximately in 1827. The fundamental law of Coahuila y Tejas was established following Texas’ independency from Mexico ( Dye ) . The fundamental law instated an executive subdivision that is headed by a governor and frailty governor ( Dye ) . This fundamental law saw Texas interceding between Native American folk and Mexicans ( Dye ) . In 1836. upon Texas’ independency from Mexico. a new fundamental law was drafted ( Dye ) . Framed from the fundamental law of the United States. the new fundamental law of Republic of Texas saw the legalisation of bondage.
It besides marked the creative activity of a bicameral Congress and the election of a president. Nine old ages after. Texas entered the United States. A new fundamental law was created ( Dye ) . It introduced an elective bicameral legislative assembly. consisting a governor and lieutenant governor. The new fundamental law included subdivisions on guaranting support for public schools through lasting fund creative activity. separation of belongings rights for married adult females. among others ( Dye ) . The Civil War followed and with it saw a confirmation of a new fundamental law.
The fundamental law of 1866 put an terminal to bondage ( Dye ) . When Civil War ended. the United States began to piece up the provinces that had withdrawn from US ( Frantz and Kracht 145 ) . This period. besides called Reconstruction. brought about the creative activity of a Reconstruction Constitution. The Reconstruction Constitution of 1869 included provision that caused dissension with Texans. Furthermore. this new fundamental law gave increased political power to the governor ( Dye ) . When Republican Governor Edmund Davis abused his power. Texans rallied to the capital to coerce evict him ( Dye ) .
The new authorities. led by the Democrats. drafted a fundamental law to replace the Constitution of 1869. The Democrats sought to restrict the powers for the legislative assembly and the governor. limited revenue enhancements. power over schools and corporations ( Handbook of Texas Online ) . By 1874. a joint legislative commission began working on amending the old fundamental law ( Handbook of Texas Online ) . Finally. on 15 February 1876. with a ballot of 136. 606 dramatis personae against 56. 652. the Fundamental law of 1876 was adopted ( Handbook of Texas Online ) .
The Texas Constitution of 1876 was drawn out of these principles- decentalisation of authorization. fragmented concatenation of bid and public sentiment ( Dye ) . More so. the Fundamental law of 1876 was greatly influenced by husbandmans and was underlined by its belief that a authorities could avoid excesss by restricting what it can make ( Dye ) .
Texas’ relationships with the Spaniards and Mexicans were apparently present in the papers as evidenced by its commissariats in subdivisions that dealt with lands. debts. H2O. spousal dealingss and acceptances and legal processs ( Handbook of Texas Online ) . Texas was besides influenced by the Jacksonian agrarianism and therefore the fundamental law consisted of provision on separation of power of the province and church ( Handbook of Texas Online ) .
It consisted of 17 articles ( Texas Advisory Commission on Intergovernmental Relations ) . The preamble of the Texas Constitution of 1876 is a one-liner appealing for God’s support to Texans in set uping the fundamental law ( Jamail Center for Legal Research ) . Furthermore. the fundamental law is a drawn-out papers. pulling a word count of over 100. 000 ( Dye ) .
Article 1 pertained to a long text on the measure of rights ( Jamail Center for Legal Research ) . The article asserted on issues such as equality of rights. faiths scrutinies for office entry. freedom of address and imperativeness. among others ( Handbook of Texas Online ) . The Texas legislative assembly was divided into two – the Senate. consisting 31 members. and the House of Representatives. with less than 150 members ( Handbook of Texas Online ) . They received an allowance of non more than five dollars a twenty-four hours ( Handbook of Texas Online ) One County Commissioner was elected per county ( Summers ) . The County Commissioner. together with the four elected commissioners [ who distributed per county ] comprised the County Commissioners Court ( Summers ) . The Texas Supreme Court handled all civil instances while the tribunal of entreaties took attention of condemnable instances ( Handbook of Texas Online ) .
On instruction. the Texas Constitution of 1876 set up a lasting fund to back up the populace system ( Handbook of Texas Online ) . To make this. a revenue enhancement was imposed on all male occupants aging from 21 to 60 ( Handbook of Texas Online ) . Parts of land gross revenues were besides given to schools ( Handbook of Texas Online ) . The fundamental law made it compulsory to put up an academic establishment for higher instruction. Out of it came the creative activity of the University of Texas in 1871 ( Handbook of Texas Online ) . A Permanent University Fund was besides established ( Handbook of Texas Online ) .
Precinct vote and canvass revenue enhancement were provided in the 1876 fundamental law ( Handbook of Texas Online ) . The legislative assembly had the power to supply for building of new railwaies ( Handbook of Texas Online ) . Private corporations that would be established must protect the involvement non merely of the shareholders but the populace every bit good ( Handbook of Texas Online ) .
Like any other Torahs. the Fundamental law of 1876 is non absolutely written. One of its major defects is what the fundamental law idea of as its strength- decentalisation ( Dye ) . This disconnected power has curtailed the government’s authorization to utilize its power to the uttermost. accommodating to the demands of the altering economic system ( Dye ) . Additionally. the fundamental law contained provision that. over the class of old ages. made it vulnerable. among which were restrictions on elector engagement. low compensation of the legislative assembly. spreads in the public instruction system. budget limitations. and fragment executive authorization ( Dye ) .
Furthermore. some parts of the 1876 fundamental law are no longer at par with today’s criterions and fortunes ( Dye ) . For case. when it was foremost ratified. Texas’ major unit of authorities was the county ( Texas Advisory Commission on Intergovernmental Relations ) . Nowadays. the local unit authorities consists of counties. metropoliss and town. This causes jobs within the authorities ( Texas Advisory Commission on Intergovernmental Relations ) .
More than 100 old ages subsequently. the Texas Constitution of 1876 has had approved 221 amendments ( Texas Advisory Commission on Intergovernmental Relations ) . Among its amendments include constitution of province lottery and betterment in belongings freedoms on school belongings revenue enhancement ( Dye ) .
A constitutional convention in 1974 was besides conducted. in an attempt to revise the 1876 fundamental law ( Dye ) . The alteration. nevertheless. was rejected by the Legislature due to jobs over certain issues such as chancing and right-to-work proviso ( Handbook of Texas Online ) A proposal to rewrite it cropped up in 1999 but besides finally turned down by the Legislature ( Handbook of Texas Online ) . Professor McKay added that out of the 155 proposed amendments. merely 84 have been ratified ( Barker ) . A study was organized to alter the Texas Constitution of 1876 without depriving it off its original signifier.
TheReorganized Texas Constitution Without Substantive Changewas written based on research conducted since 1976 ( Texas Advisory Commission on Intergovernmental Relations ) . Documents from the 1973 Constitutional Revision Commission. the 1974 Constitution Convention and the 1975 session of Texas legislative assembly were organized as portion of the research ( Texas Advisory Commission on Intergovernmental Relations ) .
The study aims to rectify the deceptive commissariats indicated in the fundamental law. An illustration given is on a subdivision associating to suffrage. Article VI does non province the commissariats adapted by the US Supreme Court ( Texas Advisory Commission on Intergovernmental Relations ) .
The Texas Constitution of 1876 is an expressed contemplation of the state’s history. its values and civilizations. Some have said that amending it would merely ensue to losing its consistence. non merely in sentence structure but besides its kernel ( Texas Advisory Commission on Intergovernmental Relations ) .
Plants Cited
Barker. Eugene. “Seven Decades of the Texas Constitution of 1876. ”Southwest
Historical Quarterly Online.47. 1 ( 2007 ) . 29 July 2007.
& lt ; hypertext transfer protocol: //www. tsha. utexas. edu/ & gt ; .
Dye. Thomas R.Politicss in America. 6ThursdayEd.2005. Prentice Hall. 29 July 2007.
& lt ; hypertext transfer protocol: //wps. prenhall. com/ & gt ; .
Frantz. Joe and James Kracht.TexasThe Study of Our State.Prairie state: Scott.
Foresman & A ; Company. . 1988.
JamailCenterfor Legal Research.29 March 2006. Tarlton Law Library.
29 July 2007. & lt ; tarlton. jurisprudence. utexas. edu/ & gt ; .
Johnston. Bernard.Merits Student Encyclopedia.Ed. USA: Macmillan Educational
Company. 1987.
Handbook of Texas Online.6 May 2005. Handbook of Texas Online.
29 July 2007. & lt ; hypertext transfer protocol: //www. tsha. utexas. edu/ & gt ; .
Summers. Frank.History. responsibilities of commissioners tribunal. 7February 2007.
Cameron Herald. 29 July 2007. & lt ; hypertext transfer protocol: //www. cameronherald. com/ & gt ; .
Texas Advisory Commission on Intergovernmental Relations. 28 May 2007.
Constitution Society. 29 July 2007. & lt ; http//www. fundamental law. org/ & gt ; .
