texas and US constitution, differences and similarities

the great compromise

• Virginia plan

  • Representation would be based on state population or financial contribution to the national government, or both

  • Congress would be set up as a bicameral legislature or a legislative body composed of two chambers

• New jersey plan 

  • Each state was to have equal representation 

  • Congress would be set up as unicameral legislature or a legislative body with one chamber 

• Bicameral legislature (connecticut compromise)

  • house : representatives apportioned by population in state

  • Senate: states with equal representation regardless of population 

• Virgina plan was heavily biased in favor of the large states

• Main proponents of New jersey plan were delegates from the less populus states

Virginia plan

• Representation would be based on state population or financial contribution to the national government, or both

• Congress would be set up as a bicameral legislature or a legislative body composed of two chambers

• heavily biased in favor of the large states

New jersey plan

• Each state was to have equal representation 

  • Congress would be set up as unicameral legislature or a legislative body with one chamber 

• Main proponents of New jersey plan were delegates from the less populus states

Bicameral legislature (connecticut compromise)

• house : representatives apportioned by population in state

• Senate: states with equal representation regardless of population 

The three-fifths compromise:

• Issue of slavery- apportionment of taxes and seats in the house

• Southern slaveholding states: wanted to count slaves as full persons for representation in congress and to count them as nonpersons for purposed of apportioning taxes

• Northern states: Argued against the counting of slaves for representation in congress and willing to count them when determining tax obligations 

• Count each salve as three-fifths of a person

  • 14th amendment (1868): replaced the old apportionment rule with a new rule based on the “whole number of persons in each state”

Three fifths compromise:

Which states wanted to count slaves as full persons for representation in congress and to count them as nonpersons for purposed of apportioning taxes?

Southern slaveholding states

Three fifths compromise:

Which states Argued against the counting of slaves for representation in congress and willing to count them when determining tax obligations 

northern states

Three fifths compromise:

What is the amendment replaced the old apportionment rule with a new rule based on the “whole number of persons in each state”

14th amendment (1868):

Compromise over the international slave trade:

• Issue of slavery- slave trade

• Southern slave holding states: Wanted to continue importing enslaved africans to support plantation agriculture. Souther carolina and georgia were especially resistant to an immediate ban

• Northern states: Wanted congress to have the power to restrict or end the international slave trade

• Congress was prohibited from banning the importation of enslaved people before 1808 (for at least 20 years)

The original U.S. constiution of 1787

• Preamble 

• Article I: congress (legislative branch)

• Article II President (executive branch)

• Article III Courts( judical branch)

• Article IV States

• Article V Amendments

• Article VI Federal supremacy

• Article VII Ratification

The original U.S. constiution,

PREAMBLE, purpose:

We the people of the United States, in order
to form a more perfect union, establish Justice,
insure domestic Tranquility, provide for the
common defence, promote the general
Welfare, and secure the Blessing of Liberty to
ourselves and our posterity, do ordain and
establish the Constitution of the United States
of America.

The original U.S. constiution,

ARTICLE I: CONGRESS (LEGISLATIVE BRANCH)

“All legislative Powers herein granted shall be
vested in a Congress of the United States,
which shall consist of a Senate and House of
Representatives.”
• Different term lengths (2 years in the House,
6 years in the Senate)
• Senate alone given power to ratify treaties
and approve presidential appointments.
• House given sole power to originate
revenue bills
• Gives power to Congress to:
Collect taxes, Borrow money, Regulate
commerce, Declare war, Maintain an army
and navy, and make all laws that are
“necessary and proper

The original U.S. constiution,

ARTICLE II: President (Executive Branch)

The executive Power shall be vested in a
President of the United States of America. He
shall hold his Office during the Term of four
Years, and, together with the Vice President,
chosen for the same Term …”
• Recognize other governments and
negotiate treaties (with approval of the
Senate).
• Grant reprieves and pardons
• Appoints major departmental personnel
• Veto congressional enactments
• Convene Congress to a special session

The original U.S. constiution,

ARTICLE III : Courts (Judicial Branch)

“The judicial Power of the United States, shall
be vested in one supreme Court, and in such
inferior Courts as the Congress may from time
to time ordain and establish.”
• Resolve conflicts between federal and state
laws
• Has jurisdiction over citizen controversies
from different states
• Judges given lifetime appointments
• The Supreme Court assumed the power of
judicial review(The power of the courts to
review actions of the legislative
and executive branches and, if
necessary, declare them invalid
or unconstitutional)

what is judicial review?

The power of the courts to
review actions of the legislative
and executive branches and, if
necessary, declare them invalid
or unconstitutional

US CONSTITUTION:

ARTICLE IV & VI: NATIONAL UNITY AND FEDERAL SUPREMACY

Article IV: states

• States must generally recognize each other’s public acts, records, and court descisions

• Full Faith and Credit shall be given in each
  State to the public Acts, Records, and judicial
  Proceedings of every other State.”

ARTICLE VI: FEDERAL SUPREMACY

• '“This Constitution, and the Laws of the
  United States which shall be made in
  Pursuance thereof; and all Treaties made, or
  which shall be made, under the Authority of the
  United States, shall be the supreme Law of the
  Land; and the Judges in every State shall be
  bound thereby, any Thing in the Constitution or
  Laws of any State to the Contrary
  notwithstanding.”

• The Constitution, federal laws, and treaties
  are the “supreme Law of the Land

US CONSTITUTION:
ARTICLE V: AMENDMENTS

“The Congress, whenever two thirds of both
Houses shall deem it necessary, shall propose
Amendments to this Constitution, or, on the
Application of the Legislatures of two thirds of
the several States, shall call a Convention for
proposing Amendments, which, in either Case,
shall be valid to all Intents and Purposes, as
Part of this Constitution, when ratified by the
Legislatures of three fourths of the several
States, or by Conventions in three fourths
thereof, as the one or the other Mode of
Ratification may be proposed by the Congress;”

• 4 WAYS

  • proposal

  • ratification

Which article is this?

• Proposal → ratification

  • : Proposal method:

    •  1: house and senate, each by ⅔ vote

    • or

    •  3: national convention called by congress in response to petitions by ⅔  of the states (9 states)

  • Ratification method:

    • 4:  majority voite in legislatures of ¾ of the states 

    • or 10 states

    • 2: conventions called for the purpose in ¾ of the states

  
  

  • Congress has the power to choose the method of ratification

  • Total of 26 amendments followed the method 1

  • Only one (21st) amendment followed method 2 

Article V, amendments, original constitution

US CONSTITUTION:
Article V: Amendments – 4 Ways , current constitution

• Proposal → ratification

  • : Proposal method:

    •  1: house and senate, each by ⅔ vote

    • or

    •  3: national convention called by congress in response to petitions by ⅔  of the states (34 states)

  • Ratification method:

    • 4:  majority vote in legislatures of ¾ of the states 

    • or or 38 states

    • 2: conventions called for the purpose in ¾ of the states

  
  

  • Congress has the power to choose the method of ratification

  • Total of 26 amendments followed the method 1

  • Only one (21st) amendment followed method 2 

US CONSTITUTION:

ARTICLE VII: RATIFICATION

“The Ratification of the Conventions of nine
States, shall be sufficient for the
Establishment of this Constitution between the
States so ratifying the Same.”

Sepatation of powers- checks and balances

• Legislative, passes federal laws

  • Controls federal apporpritations

  • Regulates interstate commerce

• Executive, enforces laws

  • Commander in chief of armed forces

  • Make foreign treaties

• Judicial , decides constitutionality of laws/ interpret law

  • Decides consitutionality of laws

  • Decides cases involving between states

• checks and balances: The mechanisms though which each branch of gov is able to participate in and influence 

• No branch is completely independent or all powerful 

Legislative,

• passes federal laws

  • Controls federal apporpritations

  • Regulates interstate commerce

Executive,

enforces laws

• Commander in chief of armed forces

• Make foreign treaties

Judicial ,

decides constitutionality of laws/ interpret law

• Decides consitutionality of laws

• Decides cases involving between states

What is checks and balances:

The mechanisms though which each branch of gov is able to participate in and influence 

• No branch is completely independent or all powerful 

No branch is completely independent or all powerful 

true

Legislative over executive

• can overide presidental veto

• can impeach president

• can reject president appointment

Executive over legislative

• can veto acts of congress

• can call congress into a special session

Executive over judicial

• nominantes supreme court justices and federal judges

• can parson those convicted in federal court

Judicial over executive

• can declare laws unconstitutional

• cheif justice presides over senate during hearings to impeach the president

legislative over judical

• can change size of federal court systems and add the number of supreme court justices

• can reject supreme court nominees

• can impeach federal judges

Constituational limited on the national governments power:

• Federalism: 

  • By devising a system of two sovereigns: the states and the nation

  • Unitary system 

• Bill of rigths

  • By specifying individual rights that the federlan government may not infringe upon

    • Added through 1st-10th amendments (by december 1791)

    • Applied to state governments through the 14th amendment (doctrine of incorporation) in 1668

    • Fufill promis made during ratification and ease fears anbput the new governments

• Separation of powers

  • By dividing governmental power among three branched that checks one another

Constituational limited on the national governments power:

Federalism:

• By devising a system of two sovereigns: the states and the nation

• Unitary system 

Constituational limited on the national governments power:

• Bill of rights

• By specifying individual rights that the federal government may not infringe upon

  • Added through 1st-10th amendments (by december 1791)

  • Applied to state governments through the 14th amendment (doctrine of incorporation) in 1668

  • Fufill promises made during ratification and ease fears about the new governments

Constituational limited on the national governments power:

• Separation of powers

By dividing governmental power among three branched that checks one another

Article IV and VI: national unity and federal supremacy

• Article IV: states must generally recognixe each others public acts., records, and court descisions. The constituation federal laws and treaties

• Article V, amendments:

  • Proposal → ratification

    • Proposal method:

      •  house and senate, each by ⅔ vote

      •  or national convention called by congress in response to petitions byu ⅔  of the states

    • Ratification method:

      •  majority voite in legislatures of ¾ of the states 

      • or conventions called for the purpose in ¾ of the states

    • Congress has the power to choose the method of ratification

    • Total of 26 amendments followed the method 1

    • Only one (21st) amendment followed method 2 

Which article says,

states must generally recognize each others public acts., records, and court descisions. The constituation federal laws and treaties

Article IV, STATES, full faith and credit clause

Article V, amendments

What is the proposal method?

• house and senate, each by ⅔ vote

•   or national convention called by congress in response to petitions byu ⅔  of the states

Article V, amendments

What is the ratification method?

•  majority voite in legislatures of ¾ of the states 

• or conventions called for the purpose in ¾ of the states

• congress has the power to chose the method used

THE fight for Ratification:

• Federalists:

  •  strong national government

  • Belived that elites were most fit to govern

  • Feared “excessive democracy” or tyranny of the many over the few

  • Property owners, creditors, merchants

  • Alexander Hamilton 

  • James madison

  • John Jay

  • Federalist papers

  • 85 articles published in NYC  Newspapers in support of ratification by “publius”

• Antifederalists:

  • Favored retention of power by state governments and protection of individual rights 

  • Believed that that government should be closer to the people 

  • Feaered concentration of power in hands of the elites or tyranny of a few over the many

  • Small farmers, debits, shopkeepers, froteirsmen 

  • George mason

  • Mercy otis warren

  • Partick henry

  • Richard henry Lee

  • “Brutus”

  • Series of letters dn pamphlets “Letters from the federal Farmer” and “Brutus essays” 

  • “Conssition lacks a bill of rights”

  • “Constiution betrayed the revolution and is a step toward monarchy”

Federalists

•  strong national government

• Belived that elites were most fit to govern

• Feared “excessive democracy” or tyranny of the many over the few

• Property owners, creditors, merchants

• Alexander Hamilton 

• James madison

• John Jay

• Federalist papers

• 85 articles published in NYC  Newspapers in support of ratification by “publius”

Antifederalists

• Favored retention of power by state governments and protection of individual rights 

• Believed that that government should be closer to the people 

• Feaered concentration of power in hands of the elites or tyranny of a few over the many

• Small farmers, debits, shopkeepers, froteirsmen 

• George mason

• Mercy otis warren

• Partick henry

• Richard henry Lee

• “Brutus”

• Series of letters dn pamphlets “Letters from the federal Farmer” and “Brutus essays” 

• “Constitution lacks a bill of rights”

• “Constiution betrayed the revolution and is a step toward monarchy”

The bill of rights was not in the original constitution but added through……

amendment process

Similaritares of constitution Texas and US constiution:

• US and texas constitutions share some basic principles

  • Both establish three branches:

    • Legislative, executive, judicial

    • Both use separation of powers and checks and balances

    • Both protect individual rights

Differences of constitution Texas and US constiution:

• Both use separation of powers and checks and balances BUT Texas has much more fragmented executive branch and gives the state legislative broad power with many constitutional limitations 

• Both protect indoivual rights BUT Texas has its own bill of rights, with some protections stated differently or more explicitly 

• Plus texas constitution contains many detailed rules about local government, taxation, debt, education, and administration 

• 
  

  
  

The texas founding 

• 1789: US federal government began operation

• 1810-1821: Mexican War of independence —> mexico won

• 1824: Mexican constitution created a federal system —-> texas became part of Coahuilia y Tejas

• 1827: constitutrion of coahuilia y tejas 

• Disputes over immigration and slavery Federalism vs. Centralization 

• 1835: Texas revolution

• 1836: Texas declared independent from mexico 

  • Constitution of republic of texas also during this year

• 1836-1845: Republic of texas 

• 1845: United states annexed Texas —> texas became the 28th state

  • Texas state constitution of 1845

    • Converted texas from a republic into a U.S. state (adapted Texas gov to US statehood)

    • Texas ceded defense-related property to the US but retained ownership of all public lands 

• 1846-1848: Mexican-american war

• 1861: Texas secceded from the united states and join the confederacy

  • Texas state Constitution of 1861

    • Mostly retained the 1845 governmental structure

    • Reference change: the US —> the confederate State of America

    • Reinforced the legal protection of slavery 

• 1861–1865: american civil war 

• 1866:  Texas constitution of 1866

  • Predisental reconstruction:

    • Placed mild demands upon th existing power structure 

    • Acknowleded the abolition of slavery

    • Freed men were allowed to own property and to sue

    • Did NOT give Black texans full political rights such as voting or officeholding

    • 13th amendment placed mild demands upon the existing power structure 

• 1869: Texas constitution of 1869

  • Congressional reconstuction

    • Imposed stricter requiements

    • The reconstruction program put forward by radical republicans in congress imposed stricter requirements 

    • Extended the voting right and political equality to black men

    • Created a stronger, more centralized state government weith greeted executive authority 

• 1870: texas readmitted to representation in the union

• Texas Constitution of 1876:

  • Four goals of this constitution 

    • Strong popular control of gov

    • Limits to power

    • Restrained to spending

    • Portion of agrarian(agricultutre) interests, particularly small farmers 

      • Grange: militant farmers’ movement of late nineteenth century that fought for improved conditions for farmers 

• Everytime texas went through a major change in sovereignty or potlicial regime it needed a new constitutional framework 
  
  

Texas founding timeline, 1789:

US federal government began operation

Texas founding timeline,

1789: US federal government began operation

1810-1821: what happened next?

• Mexican War of independence —> mexico won

Texas founding timeline,

1789: US federal government began operation

1810-1821:  Mexican War of independence —> mexico won

1824: What happened next?

• Mexican constitution created a federal system—> texas became part of Coahuilia y Tejas

1789: US federal government began operation

1810-1821:  Mexican War of independence —> mexico won

1824: Mexican constitution created a federal system —-> texas became part of Coahuilia y Tejas

1827, WHAT HAPPENED NEXT?

 constitution of coahuilia y tejas

1789: US federal government began operation

1810-1821:  Mexican War of independence —> mexico won

1824: Mexican constitution created a federal system —-> texas became part of Coahuilia y Tejas

1827,  constitutrion of coahuilia y tejas

• Disputes over immigration and slavery Federalism vs. Centralization

1835: WHAT HAPPENED NEXT?

texas revolution

1789: US federal government began operation

1810-1821:  Mexican War of independence —> mexico won

1824: Mexican constitution created a federal system —-> texas became part of Coahuilia y Tejas

1827:  constitutrion of coahuilia y tejas

• Disputes over immigration and slavery Federalism vs. Centralization

1835: Texas revolution

1836: What happened next?

•  Texas declared independent from mexico 

  • Constitution of republic of texas also during this year

1789: US federal government began operation

1810-1821:  Mexican War of independence —> mexico won

1824: Mexican constitution created a federal system —-> texas became part of Coahuilia y Tejas

1827,  constitutrion of coahuilia y tejas

• Disputes over immigration and slavery Federalism vs. Centralization

1835: Texas revolution

1836: Texas declared independent from mexico,

• Constitution of republic of texas also during this year

1836-1845: What happened next?

Republic of texas 

1789: US federal government began operation

1810-1821:  Mexican War of independence —> mexico won

1824: Mexican constitution created a federal system —-> texas became part of Coahuilia y Tejas

1827,  constitutrion of coahuilia y tejas

• Disputes over immigration and slavery Federalism vs. Centralization

1835: Texas revolution

1836: Texas declared independent from mexico,

• Constitution of republic of texas also during this year

1836-1845: Republic of texas

1845, What happened next?

• United states annexed Texas —> texas became the 28th state

  • Texas state constitution of 1845

    • Converted texas from a republic into a U.S. state (adapted Texas gov to US statehood)

    • Texas ceded defense-related property to the US but retained ownership of all public lands 

1789: US federal government began operation

1810-1821:  Mexican War of independence —> mexico won

1824: Mexican constitution created a federal system —-> texas became part of Coahuilia y Tejas

1827,  constitutrion of coahuilia y tejas

• Disputes over immigration and slavery Federalism vs. Centralization

1835: Texas revolution

1836: Texas declared independent from mexico,

• Constitution of republic of texas also during this year

1836-1845: Republic of texas

1845:

• United states annexed Texas —> texas became the 28th state

  • Texas state constitution of 1845

    • Converted texas from a republic into a U.S. state (adapted Texas gov to US statehood)

    • Texas ceded defense-related property to the US but retained ownership of all public lands 

1846-1848, What happened next?

mexican-american war

1789: US federal government began operation

1810-1821:  Mexican War of independence —> mexico won

1824: Mexican constitution created a federal system —-> texas became part of Coahuilia y Tejas

1827,  constitutrion of coahuilia y tejas

• Disputes over immigration and slavery Federalism vs. Centralization

1835: Texas revolution

1836: Texas declared independent from mexico,

• Constitution of republic of texas also during this year

1836-1845: Republic of texas

1845:

• United states annexed Texas —> texas became the 28th state

  • Texas state constitution of 1845

    • Converted texas from a republic into a U.S. state (adapted Texas gov to US statehood)

    • Texas ceded defense-related property to the US but retained ownership of all public lands 

1846-1848: Mexican-american war

1861, What happened next?

•  Texas secceded from the united states and join the confederacy

  • Texas state Constitution of 1861

    • Mostly retained the 1845 governmental structure

    • Reference change: the US —> the confederate State of America

    • Reinforced the legal protection of slavery 

1789: US federal government began operation

1810-1821:  Mexican War of independence —> mexico won

1824: Mexican constitution created a federal system —-> texas became part of Coahuilia y Tejas

1827,  constitutrion of coahuilia y tejas

• Disputes over immigration and slavery Federalism vs. Centralization

1835: Texas revolution

1836: Texas declared independent from mexico,

• Constitution of republic of texas also during this year

1836-1845: Republic of texas

1845:

• United states annexed Texas —> texas became the 28th state

  • Texas state constitution of 1845

    • Converted texas from a republic into a U.S. state (adapted Texas gov to US statehood)

    • Texas ceded defense-related property to the US but retained ownership of all public lands 

1846-1848: Mexican-american war

1861: Texas secceded from the united states and join the confederacy

• Texas state Constitution of 1861

  • Mostly retained the 1845 governmental structure

  • Reference change: the US —> the confederate State of America

  • Reinforced the legal protection of slavery 

1861–1865: What happened next?

american civil war

1789: US federal government began operation

1810-1821:  Mexican War of independence —> mexico won

1824: Mexican constitution created a federal system —-> texas became part of Coahuilia y Tejas

1827,  constitutrion of coahuilia y tejas

• Disputes over immigration and slavery Federalism vs. Centralization

1835: Texas revolution

1836: Texas declared independent from mexico,

• Constitution of republic of texas also during this year

1836-1845: Republic of texas

1845:

• United states annexed Texas —> texas became the 28th state

  • Texas state constitution of 1845

    • Converted texas from a republic into a U.S. state (adapted Texas gov to US statehood)

    • Texas ceded defense-related property to the US but retained ownership of all public lands 

1846-1848: Mexican-american war

1861: Texas secceded from the united states and join the confederacy

• Texas state Constitution of 1861

  • Mostly retained the 1845 governmental structure

  • Reference change: the US —> the confederate State of America

  • Reinforced the legal protection of slavery 

1861–1865: american civil war

1866: What happened next?

• Texas constitution of 1866

  • Predisental reconstruction:

    • Placed mild demands upon th existing power structure 

    • Acknowleded the abolition of slavery

    • Freed men were allowed to own property and to sue

    • Did NOT give Black texans full political rights such as voting or officeholding

    • 13th amendment placed mild demands upon the existing power structure 

Presidental reconstruction

• Placed mild demands upon th existing power structure 

• Acknowleded the abolition of slavery

• Freed men were allowed to own property and to sue

• Did NOT give Black texans full political rights such as voting or officeholding

• 13th amendment placed mild demands upon the existing power structure 

Reconstruction reshaped texas government, how?

• the 13th amendment (1865) of US constitution: slavery abolished 

• the 14th amendment 1868 of US constitution: citizenship + due process + equal protection

1789: US federal government began operation

1810-1821:  Mexican War of independence —> mexico won

1824: Mexican constitution created a federal system —-> texas became part of Coahuilia y Tejas

1827,  constitutrion of coahuilia y tejas

• Disputes over immigration and slavery Federalism vs. Centralization

1835: Texas revolution

1836: Texas declared independent from mexico,

• Constitution of republic of texas also during this year

1836-1845: Republic of texas

1845:

• United states annexed Texas —> texas became the 28th state

  • Texas state constitution of 1845

    • Converted texas from a republic into a U.S. state (adapted Texas gov to US statehood)

    • Texas ceded defense-related property to the US but retained ownership of all public lands 

1846-1848: Mexican-american war

1861: Texas secceded from the united states and join the confederacy

• Texas state Constitution of 1861

  • Mostly retained the 1845 governmental structure

  • Reference change: the US —> the confederate State of America

  • Reinforced the legal protection of slavery 

1861–1865: american civil war

1866: Texas constitution of 1866

• Predisental reconstruction:

  • Placed mild demands upon th existing power structure 

  • Acknowleded the abolition of slavery

  • Freed men were allowed to own property and to sue

  • Did NOT give Black texans full political rights such as voting or officeholding

  • 13th amendment placed mild demands upon the existing power structure 

1869: What happened next?

• Texas constitution of 1869

  • Congressional reconstuction

    • Imposed stricter requiements

    • The reconstruction program put forward by radical republicans in congress imposed stricter requirements 

    • Extended the voting right and political equality to black men

    • Created a stronger, more centralized state government weith greeted executive authority

Congressional reconstuction

• Imposed stricter requiements

• The reconstruction program put forward by radical republicans in congress imposed stricter requirements 

• Extended the voting right and political equality to black men

• Created a stronger, more centralized state government weith greeted executive authority

1789: US federal government began operation

1810-1821:  Mexican War of independence —> mexico won

1824: Mexican constitution created a federal system —-> texas became part of Coahuilia y Tejas

1827,  constitutrion of coahuilia y tejas

• Disputes over immigration and slavery Federalism vs. Centralization

1835: Texas revolution

1836: Texas declared independent from mexico,

• Constitution of republic of texas also during this year

1836-1845: Republic of texas

1845:

• United states annexed Texas —> texas became the 28th state

  • Texas state constitution of 1845

    • Converted texas from a republic into a U.S. state (adapted Texas gov to US statehood)

    • Texas ceded defense-related property to the US but retained ownership of all public lands 

1846-1848: Mexican-american war

1861: Texas secceded from the united states and join the confederacy

• Texas state Constitution of 1861

  • Mostly retained the 1845 governmental structure

  • Reference change: the US —> the confederate State of America

  • Reinforced the legal protection of slavery 

1861–1865: american civil war

1866: Texas constitution of 1866

• Predisental reconstruction:

  • Placed mild demands upon th existing power structure 

  • Acknowleded the abolition of slavery

  • Freed men were allowed to own property and to sue

  • Did NOT give Black texans full political rights such as voting or officeholding

  • 13th amendment placed mild demands upon the existing power structure 

1869: Texas constution of 1869

Congressional reconstuction

• Imposed stricter requiements

• The reconstruction program put forward by radical republicans in congress imposed stricter requirements 

• Extended the voting right and political equality to black men

• Created a stronger, more centralized state government weith greeted executive authority 

1870: What happened next?

texas readmitted to representation in the union

Texas Constitution of 1876:

• Four goals of this constitution 

  • Strong popular control of gov

  • Limits to power

  • Restrained to spending

  • Portion of agrarian(agricultutre) interests, particularly small farmers 

    • Grange: militant farmers’ movement of late nineteenth century that fought for improved conditions for farmers 

Grange

militant farmers’ movement of late nineteenth century that fought for improved conditions for farmers 

Everytime texas went through a major change in sovereignty or potlicial regime it needed…

a new constitutional framework 

Constitution

Constitutin of coahulia y tejas (1827)

• Texas was the district of bexas 

• Catholicicism was established state religion 

• Its language supported efforts to curtail the spread of slavery

Texas residents’ demands from mexico, constitution of coahulia y tejas:

• A more liberaal immigration policy for people from the United states

• The establishment of English- and Spanish speaking primary schools

• Separate statehood for texas, apart from Coahuila 

The constitution of the republic of texas:

• Resemble the US constitution while adapted provision from spanish-mexican legal tradition( community property(if a married couple obtain property furing marriage it should be coowned and homestead protection(protect peoples home even when they are immigrants)

• Defeated slavery as an institution and gave it constitutional protections

• Rejected catholicism as state religion

• Called for annexation by the united states  

The constitution of Texas today, texas constitution way longer than US:

• First 3 articles ARE IMPORTANT!

• Preamble:  “humbly invoking the blessing of almighty god, the people of the state of texas, do ordain and establish this constitution”

• Article i: bill of rights:

  •  “texas is a free and independent state…” 

  • “rexas stands pledges to the preservation of a republican form of government”

  • “Right to republican government”

• Article ii: separation of powers:

  • “The powers of the gov of the state of texas shall be divided into three disticinct departments

    • Legislative

    • Executive 

    • judicial

• Article III: legislature department

  • Bicameral:

    • Texas house of representatives

    • Texas senate

  •  Legislature is part time work part time

  •   Bilennial legislature (in odd numbered years)

•   Regular session:140 days

• Article IV: executive department : 

  • Pleural exectuive: the executive department consists of 6 offices, five of which each are elected 

• Article V: judicial department

  • Two supreme court 

    • Criminal 

    • civil

  • All justices and juidges are elected 

• Article VI: Suffrage

  • Deterimes who votes in texas

  • Empowers the legislature to regulate voter registration and the selection electors

• Article  VII: Public education

• Article VIII: Taxation and revenue 

  • Enabled the legislature to tax incomes 

  • Any income tax on indivuals is enytirely prohibited (as of 2019)

• Article IX: County government

  • Creation, orginixation, and operation of counties and municipalities 

• Article XI: Municipal government 

  • Local gov service power from their state constitution, which is established by the people of texas as a whole

• Article XIII: Spanish and mexican land

  • Addressed old land claims originating under spanish and mexican rule

  • Repealed in 1969 because the provisions had become obsolete

• Article XV: Impeachment 

• Impeachment: a formal process by which a legislative body brings official charges of wrongdoing or misconduct against a public official 

• The formal charge by the house of representatives that leads to trial in the senate

• TEXAS CONSTITUTION does not explicitly define impeachable offeneses

  • Vs U.S constitution “ treason, bribery, or other high crimes and misdemenors”

• Article XVII: Amendment

  • Four steps

    • Proposal and legislative approval : legislature proposes amendments(this is unique to texas, it doenst allow citizens to place an amendment), PRoposal approved by ⅔ vote of both house and senate

    • Public notice: explanations of amendments must be published twice in recognized newspapers

    • Voter approval : a majority of state voters must approve in a statewide election

    • As of 2025, a total of 731 amendments have been proposed

      • 547 have been approved by the electorate 

      • 181 have been defeated 

      • 3 never made it to the ballot 

Preamble of texas constituion

•  “humbly invoking the blessing of almighty god, the people of the state of texas, do ordain and establish this constitution”

Texas constitution:

• Article i: bill of rights:

•  “texas is a free and independent state…” 

• “rexas stands pledges to the preservation of a republican form of government”

• “Right to republican government”

Texas constitution:

Article ii: separation of powers:

• “The powers of the gov of the state of texas shall be divided into three disticinct departments

  • Legislative

  • Executive 

  • judicial

Texas constitution:

• Article III: legislature department

• Bicameral:

  • Texas house of representatives

  • Texas senate

• Legislature ispart time work part time

•  Bilennial legislature (in odd numbered years)

  •  Regular session:140 days

Texas constitution:

Article IV: executive department :

• Pleural exectuive: the executive department consists of 6 offices, five of which each are elected 

Texas constitution:

• Article V: judicial department

• Two supreme court 

  • Criminal 

  • civil

• All justices and juidges are elected 

Texas constitution

Articles VI, VII, and VIII

• Article VI: Suffrage

  • Deterimes who votes in texas

  • Empowers the legislature to regulate voter registration and the selection electors

• Article  VII: Public education

• Article VIII: Taxation and revenue 

  • Enabled the legislature to tax incomes 

  • Any income tax on indivuals is enytirely prohibited (as of 2019)

Texas constitution

• Article IX: County government

Creation, orginization, and operation of counties and municipalities

Texas constitution

• Article XI: Municipal government 

• Local gov service power from their state constitution, which is established by the people of texas as a whole

Texas constitution

• Article XIII: Spanish and mexican land

• Addressed old land claims originating under spanish and mexican rule

• Repealed in 1969 because the provisions had become obsolete

Texas constitution

Article XV: Impeachment

• Impeachment: a formal process by which a legislative body brings official charges of wrongdoing or misconduct against a public official 

• The formal charge by the house of representatives that leads to trial in the senate

• TEXAS CONSTITUTION does not explicitly define impeachable offeneses, ( doesnt specify what the charges are )

  • Vs U.S constitution “ treason, bribery, or other high crimes and misdemenors”

What is impeachment?

• a formal process by which a legislative body brings official charges of wrongdoing or misconduct against a public official 

Texas constitution

Article XVII: Amendment

• Four steps (but can be summarized into 3)

  • Proposal and legislative approval : legislature proposes amendments(this is unique to texas, it doenst allow citizens to place an amendment), PRoposal approved by ⅔ vote of both house and senate

  • Public notice: explanations of amendments must be published twice in recognized newspapers

  • Voter approval : a majority of state voters must approve in a statewide election (referndum)

  • As of 2025, a total of 731 amendments have been proposed

    • 547 have been approved by the electorate 

    • 181 have been defeated 

    • 3 never made it to the ballot 

Article XVII: Amendment, the steps

Proposal and legislative approval :

•  legislature proposes amendments(this is unique to texas, it doenst allow citizens to place an amendment),

• Proposal approved by ⅔ vote of both house and senate

Texas constitution:

Article XVII: Amendment, the steps

Public notice

• explanations of amendments must be published twice in recognized newspapers

Article XVII: Amendment, the steps

Voter approval

•  a majority of state voters must approve in a statewide election

What is Federalism:

• Federalism: A system of gov in which power is divided, by a constitution, between a central gov and regional gov

• Unitary system: a centralized gov system in which lower levels of gov have little power independent of the national gov

Federalism:

• A system of gov in which power is divided, by a constitution, between a central gov and regional gov

Unitary system

•  a centralized gov system in which lower levels of gov have little power independent of the national gov

  • Lower levels primarily implement central government descisions

Why federalism?

• Three paths to federalism ( alfred stepan, 1999)

• Coming together federalism:

  • Previously separate, sovereign political units voluntarily pool soverignty into a larger union, usually for mutual benefits like defense

  • US, Switzerland , and austratilia 

   

•  Holding together federalism:

  • A previously unitary state devolves power regional, linguistic, or ethnic units in order to prevent secession and keep a diverse polity together 

  • India, belgium and span

• Putting together federalism

  • Federal structures imposed by a centralized, authoritarian regime as a facade rathjer than genuine devolution

  • The soviet union

Coming-together federalism

• Previously separate, sovereign political units voluntarily pool soverignty into a larger union, usually for mutual benefits like defense

  • US Switzerland and austratilia 

    Holding-together federalism

• A previously unitary state devolves power regional, linguistic, or ethnic units in order to prevent secession and keep a diverse polity together 

  • India, belgium and span

Putting-together federalism

• Federal structures imposed by a centralized, authoritarian regime as a facade rather than genuine devolution

  • The soviet union

How many amendments in the bill of rights?

10

how many articles in the original & current US constitution?

7

How many articles in the texas constitution?

17

federalism offeres potential for …

unity for diverse countries

BILL OF RIGHTS:

1st Amendment: Freedom of speech, religion, press, assembly, or petition
• 2nd Amendment: Right to keep and bear arms.
• 3rd Amendment: Limits the government from forcing people to house soldiers in
their homes without consent.
•4th Amendment: Limits unreasonable searches and seizures.
• 5th Amendment: Due process / protections against self-incrimination and
double jeopardy.
• 6th Amendment: Protections for criminal defendants, including a speedy
and public trial and the right to counsel
• 7th Amendment: protects the right to a jury trial in many federal civil cases.
• 8th Amendment: Prohibits excessive bail, excessive fines, and cruel and unusual
punishment.
• 9th Amendment: People have rights beyond those specifically listed.
• 10th Amendment: Reserves powers not delegated to the federal government
to the states or the people