Texas Independence and Constitution Notes

Texas Independence and Constitution

The New Republic of Texas

  • In 1836, delegates met in Washington-on-the-Brazos to declare independence from Mexico and create a constitution based on liberty, popular rule, and limited government.

Constitutional Government

  • Constitution: Establishes principles, powers, and responsibilities of government.

  • Bill of Rights: Formal declaration of citizens' rights.

  • Social Contract: Agreement where governed give up freedoms for government protection.

  • Early Texans valued individualism and limited government.

  • Two themes in Texas constitutions: individual rights and separation of powers.

Roots of Rebellion

  • Texas rebellion stemmed from tyranny and overbearing rulers.

  • 1822: Augustin de Iturbide seized power.

  • 1823: Iturbide abdicated.

  • Mexican Constitution of 1824 expanded settlement using "Empresarios" like Stephen F. Austin.

Mexican Constitution of 1824

  • Empresarios managed colonized territories.

  • Mexican government pledged to protect liberty and property of foreigners professing Roman Catholicism.

  • Established a federal republic.

Texas Constitution of 1827

  • Established separation of powers within the Mexican nation.

  • Included three branches of government, similar to the U.S. Constitution.

Law of April 6, 1830

  • Restricted immigration from the U.S. and enforced strict no-slavery policy.

  • Led to calls for repeal of the law and reinstatement of the 1824 Mexican Constitution.

  • Austin imprisoned for delivering petition to Santa Anna.

Separation

  • 1835: Santa Anna centralized power, disbanding congress and dismissing empresarios.

  • Stephen F. Austin protested the deprivation of Texan rights.

  • March 2, 1836: Texas Declaration of Independence approved.

Texas Constitution of 1836

  • Voiced frontier independence ideals.

  • Included a Declaration of Rights and strict separation of powers.

  • Modeled after the U.S. Constitution but with exceptions, such as clergy ineligibility for elected office.

Slavery

  • The U.S. was hesitant to annex Texas due to the slavery issue.

Texas Constitution of 1845 (Statehood Constitution)

  • Texas entered the Union in 1845.

  • Extended suffrage and expanded the judicial system.

  • Introduced the office of lieutenant governor and the Homestead Law.

Texas Constitution of 1861

  • Seceded from the U.S. due to Abraham Lincoln's election.

  • Affirmed membership in the Confederate States of America and protected slavery.

Texas Constitution of 1866 (Readmission Constitution)

  • Recognized the U.S. Constitution and declared allegiance to the Union with centralized power.

  • Extended some rights to African Americans, but not voting rights.

Texas Constitution of 1869 (Reconstruction Constitution)

  • Extended full voting rights to African Americans and recognized the supremacy of the U.S. Constitution.

Texas Constitution of 1876 (Current Constitution)

  • Favored limited government and frugality, stemming from resentment of Governor Davis's power.

  • Key principles: popular sovereignty, limited government, separation of powers, and personal rights/liberties.

Separation of Powers

  • Legislative, executive, and judicial branches enact, implement, and interpret laws, respectively.

Constitutional Amendments

  • Requires proposal by two-thirds of both houses of the legislature, approval by the secretary of state and attorney general, advertisement across the state, and approval by a majority of voters.

  • Since 1876, 498 amendments have been approved.