Components ofconsideration that lead into formation of the Texas Constitution
For any government to be run smoothly, therehas to be laws that regulate every activity and actions of thecitizens. These laws are made by experts and are outlined in what iswell-known as the constitution. Constitutions are formed in such away that they mirror the history and the culture of a particularstate or society. The same applies to the formation of the TexasConstitution. This paper seeks to outline the key components thatwere considered in the formation of the TexasConstitution. The Constitution of Texas is one among manyconstitutions that have grown through various phases. Initially,before Texas became an independent Republic, it was governed by Spainand then Mexico. During this time, Texas was governed by the MexicanConstitution of 1824. Under this constitution, the power of thelegislature was given to a unicameral legislature, which comprised oftwelve deputies while the executive power was entrusted in a governorand vice governor who were elected by a popular vote to a four-yearterm. Due to the intensifying tensions between Texas and Mexico in1836, the State affirmed its independence, thus adopting a newConstitution (Constitution Of The State Of Texas). The constitutionhad major portions that were drawn from the US Constitution. After it ceased to be independent, Texas joined the States ofAmerica, an action that called for a new constitution. This lead tothe State constitution of 1945, which was broader and had generalprinciples that permitted the state to be governed with flexibilityin solving policy problems as they arose. At the start of the civilwar in 1861, Texas separated from the US leading to new drafting of aconstitution (Bruff1345). This was done by thedelegates to the Secession Convention. After the war in 1866, again anew constitution was drafted providing constitutional laws needed torejoin the Union. This was made invalid in 1869 after radicalpublications controlled the US Congress. Finally, when the Democratsreclaimed control of state government in 1873 from Radical RepublicanGovernor Edmund, their principal primacy was to draft a newconstitution for the State (Kneier 428-429). This was done in 1876.Although the constitution has been amended several times since itsinitial drafting, the current charter for the state is still theTexas Constitution of 1876. Under the charter, the terms ofsenators were increased to six years and the legislative sessionswere to be held every year. Under the executive branch, the governorwas given powers to appoint the attorney general and the statesecretary beside all other officials were to be elected by a popularvote. The new constitution also reduced the number of justices toserve on the Supreme Court to three who were to serve for a nine-yearterm (Constitution Of The State Of Texas). Like otherstates in the US, Texas has an explicit provision thatconstitutionally mandates the separation of powers. The constitutionstipulates that the powers of the government shall be divided intothree: legislative, judicial and executive. The three, according tothe constitution, shall remain distinct and separated forever. Underchecks and balances, the judiciary is a legitimate agency that actson the state government since the oversight of the executive andlegislature are often tempered. The oversight by political branchesis mostly devoted to the desirability of altering current statutes,policies, funding or personnel (Kneier 428-429). The federalgovernment of the US is structured in a way that it gives state andlocal governments the capacity to investigate the diverse types ofpolitical bodies, electoral devices and innovative public policies.As they have improved their competence, state and local regimes,including Texas, have inexorably come into conflict with the federalgovernment (Bruff 1356). Federal laws and the entire requirementsinflict limitations on state policy, but they also infringe on theturf of national government. The federal judiciary at times resolvesthese clashes, but they are sometimes worse as the central courtrulings lead the national government into areas usually set aside fornon-national governments.
Conclusion This paper hashighlighted the key components that lead to the formation of theTexas Constitution. It is clear that the Constitution is one of thestates’ law documentation that has a long history. Initially, Texasused the Mexican Constitution, and then it became independent formingits own constitution. After several drafts, the state finally got itscurrent charter in 1869 after becoming the 28thState of the US.
Bruff, Harold. "The Separation Of PowersIn The Texas Constitution". TexasLaw Review 68.7 (2000): 1337-1367.Web.
Constitution Of The State Of Texas.Austin: Printed at the Office of the "New Era", 1845.Print.
Kneier, Charles M. "The Constitution AndGovernment Of Texas. By Frank M. Stewart And Joseph L. Clark. NewYork: D. C. Heath And Company, 1930. 268 Pp.". NationalMunicipal Review 19.6 (2002):428-429. Web.