Simone Lawson
The US Constitution and the Texas Constitution share similarities, including a bill of rights, a two-house legislature, and a system of checks and balances. The Texas Constitution of 1836 was modelled after the US Constitution, but with key differences, such as permitting slavery and forbidding Indians or slaves from becoming citizens. Texas has had multiple constitutions throughout its history, with the current iteration being the seventh constitution in Texas history. The Texas Constitution is also significantly longer and more detailed than the US Constitution, and it limits the power of the state government.
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What You'll Learn
- Similarities and differences between the US and Texas Constitutions
- The Texas Constitution's influence from Spanish, Mexican, and Jacksonian agrarianism
- The US Constitution's role in Texas' independence from Mexico
- The US and Texas Constitutions' bills of rights
- The US and Texas Constitutions' approaches to government power
Similarities and differences between the US and Texas Constitutions
The US Constitution and the Texas Constitution share some similarities, but also have several key differences.
Similarities
Both constitutions include the principles of representative democratic government, where authority derives from the people. They both contain a bill of rights that safeguards civil liberties from the government. The two constitutions also establish a two-house legislature, with a House of Representatives and a Senate. They both have a system of checks and balances and a separation of powers between the legislative, executive, and judicial branches of government. Lastly, they both divide government power between upper and lower levels.
Differences
The US Constitution is brief and vague, allowing for a broad interpretation and increased government power. On the other hand, the Texas Constitution is long and detailed, restrictive, limiting government action. It is the second-longest state constitution in the US. The US Constitution concentrates executive power in the president, whereas the Texas Constitution shares executive power across multiple elected offices. The US Constitution does not restrict tax and spending policies, while the Texas Constitution does. The Texas Constitution also includes provisions that are unique to Texas, such as those influenced by Spanish and Mexican rule, and those related to the state's history and culture.
The Texas Constitution has gone through several revisions, with the current version being adopted in 1876, following the state's admission to the Union in 1845. Texas's unique history and culture have influenced the development of its constitution, resulting in a document that reflects the state's specific needs and priorities.
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The Texas Constitution's influence from Spanish, Mexican, and Jacksonian agrarianism
The Texas Constitution has been influenced by several factors, including Spanish and Mexican law, as well as Jacksonian agrarianism and frontier radicalism.
Texas has had a unique history, passing through many iterations between 1824 and 1876. During this period, Texas was at times a part of the United Mexican States, an independent republic, a state within the Confederate States of America, and a state within the United States of America.
The Federal Constitution of the United Mexican States (1824) required each state to draft its own constitution. As a result, the state of Coahuila and Texas, which included the former Spanish province of Texas, promulgated its constitution in 1827. This constitution, along with Mexican law, incorporated large sections of the United States Constitution.
The Texas Constitution of 1876, the basic organic law of Texas, contains provisions that reflect Spanish and Mexican influence. These include sections on land titles, land law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights.
The influence of Jacksonian agrarianism and frontier radicalism can also be seen in the Texas Constitution, particularly in provisions prohibiting banks and requiring a strict separation of church and state. These influences were prevalent when Texas first became a state and were widely supported by immigrants to Texas before the Civil War. Additionally, the Texas Constitution's length and detail, including its lengthy bill of rights, may also be attributed to these influences.
The Texas Constitution has been amended numerous times since 1876, reflecting the state's evolving needs and priorities. These amendments have addressed various issues, including state debts, powers of the legislature, and recognition of same-sex marriage.
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The US Constitution's role in Texas' independence from Mexico
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since it gained independence from Mexico in 1836. The Texas Declaration of Independence, signed on March 2, 1836, at Washington-on-the-Brazos, is modelled on the United States Declaration of Independence. It emphasises the rights of citizens to "life", "liberty", and the "property of the citizen".
The Texas Declaration of Independence was issued during a revolution against the Mexican government, which began in October 1835. This revolution was sparked by a series of government edicts, including the dissolution of state legislatures, disarmament of state militias, and the abolition of the Constitution of 1824. By December 1835, Anglo-American settlers (Texians) and Texans of mixed Mexican and Indian descent (Tejanos) had captured the town of San Antonio.
The dictatorship of President Antonio López de Santa Anna, supported by rich landowners, had seized control of the Mexican government and subverted the Constitution of 1824. This led many Texans to believe that liberalism and republicanism in Mexico were dead. The Texas Declaration of Independence states that the Mexican government had become an instrument of oppression, and that the Federal Republican Constitution, which they had sworn to support, no longer existed.
Following Texas's declaration of independence, Texas sought recognition of its independence and attempted to negotiate with the United States. In 1845, Texas drafted a constitution and submitted it to a popular vote, along with an annexation agreement. This led to Texas being admitted to the United States.
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The US and Texas Constitutions' bills of rights
The US Constitution and the Texas Constitution share similarities and differences in their bills of rights. Both constitutions include a bill of rights that safeguards civil liberties from the government and establishes a two-house legislature with a House of Representatives and a Senate. They also share the principle of representative democratic government, where authority is derived from the people.
The Texas Constitution, however, goes into much greater detail than its federal counterpart, explicitly listing restrictions on what state legislators can enact into law. It also includes provisions unique to Texas, such as those influenced by the state's history and culture, like land titles, land law, and water rights. The Texas Constitution is also notably longer and more restrictive, aiming to limit the power of the state government.
The US Constitution, on the other hand, is briefer and more open to interpretation, allowing for a broader range of applications. It concentrates power in the executive branch, specifically the President, whereas the Texas Constitution shares executive power across multiple elected offices.
The Texas Constitution has undergone numerous amendments, reflecting the state's dynamic history. The current version, adopted in 1876, is the seventh iteration. Texas's unique history has influenced the content of its constitution, including the protection of specific topics like local government, taxes, and private property rights.
Both the US and Texas Constitutions have evolved to meet the changing needs of their respective governments and citizens. While the US Constitution has maintained a relatively stable structure, the Texas Constitution has been more adaptable, reflecting the state's evolving relationship with Mexico, the Civil War, and other significant historical events.
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The US and Texas Constitutions' approaches to government power
The US Constitution and the Texas Constitution share some similarities in their approach to government power. Both constitutions include the principles of representative democratic government, in which authority derives from the people. They also both establish a two-house legislature, with a House of Representatives and a Senate, and a system of checks and balances and separation of powers between the legislative, executive, and judicial branches of government.
However, there are also significant differences in how they approach government power. The US Constitution increases government power to address the weaknesses of the previous, overly decentralised government. In contrast, the Texas Constitution limits government action. For example, the US Constitution does not restrict tax and spending policies, while the Texas Constitution includes detailed restrictions on what state legislators can write into law, including on local government, taxes, and private property rights. The Texas Constitution also allows the governor to veto specific items in budget appropriations bills, which the US Supreme Court has argued is unconstitutional.
The Texas Constitution is also much longer and more detailed than the US Constitution, making it easier to amend. The US Constitution is brief and vague, allowing for a broad interpretation. The Texas Constitution's length and detail are partly due to its unique history, and the desire to protect specific topics in the strongest way possible. For example, the Texas Constitution of 1876 includes provisions influenced by Texas' history as part of Mexico, such as those dealing with land titles and land law, debtor relief, and water and other mineral rights.
The Texas Constitution has been amended frequently, with 530 amendments approved by the electorate between 1876 and 2024. In contrast, the US Constitution is difficult to amend, but its structure makes frequent amendments unnecessary.
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Frequently asked questions
Yes, the Texas Constitution of 1836 was largely modelled after the US Constitution. It borrowed language from the US Constitution and the constitutions of several southern states.
Both include the principles of representative democratic government, in which authority comes from the people. Both contain a bill of rights that protects civil liberties from the government. Both establish a two-house legislature with a House of Representatives and a Senate. Both have a system of checks and balances and separation of powers between legislative, executive, and judicial branches of government.
The US Constitution increases government power, while the Texas Constitution limits government action. The US Constitution is brief and vague, allowing a broad interpretation. On the other hand, the Texas Constitution is long and detailed, listing what the government is allowed to do.
The Texas Constitution has been amended 456 times, with an additional 176 amendments passed by the Texas State Legislature and then rejected by voters. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by the electorate, 181 were defeated, and three never made it onto the ballot.
The Texas Constitution includes provisions that are uniquely Texan, influenced by the state's history, Spanish and Mexican influence, Jacksonian agrarianism, and frontier radicalism. It expressly permitted slavery and forbade Indians or slaves from becoming Texas citizens. It also includes detailed restrictions on what state legislators can write into law and provides for the separation of powers of the legislative, executive, and judicial branches of government.
