Eleanor Finch
The Texas Constitution of 1845, which provided for the government of Texas as a state in the United States, was a foundational legal instrument in the history of the state. It was drafted by a convention of delegates in 1845 and ratified by popular vote. The Constitution of 1845 established a governmental structure that has been carried forward, with modifications, in all subsequent charters. It defined three branches of government: legislative, executive, and judicial. The right to vote was extended to all free white male citizens over the age of 21 who had resided in Texas for one year and in their district for six months.
| Characteristics | Values |
|---|---|
| Year | 1845 |
| Location | Texas |
| Voter eligibility |
|
| Exclusions |
|
| Requirements for voting |
|
| Context | The 1845 Statehood Constitution was drafted as Texas prepared to become a state in the United States, having gained independence from Mexico in 1836. |
Explore related products
What You'll Learn
- The right to vote was extended to all free white male citizens over 21
- The governor shared power with other elected executives
- The constitution was based on US constitutionalism and Jacksonian democracy
- The legislative department was composed of a Senate and House of Representatives
- The judiciary consisted of a Supreme Court, district courts, and inferior courts
The right to vote was extended to all free white male citizens over 21
The Texas Constitution of 1845, which provided for the government of Texas as a state in the United States, extended the right to vote to all free white male citizens over the age of 21 who had resided in Texas for one year and in their district for six months. This was a liberal stance for the time, based on universal white manhood suffrage without property qualifications. The constitution was drafted by a convention of delegates in the summer of 1845 and ratified by popular vote, marking the formal transition from an independent republic to a constituent state within the United States.
The framers of the 1845 Constitution, concerned by the Republic's chronic debt and financial instability, imposed strict limits on public borrowing and state spending. The right to vote was a key part of this, as suffrage was restricted to those who were likely to be invested in the economic stability of the state. By limiting the vote to free white male citizens over 21, the framers ensured that only those who met specific criteria could participate in the political process and make decisions about public finances. This excluded non-citizens, women, Native Americans, and free Black individuals, reflecting the racial and gender hierarchies of the time.
The legislative department established by the 1845 Constitution consisted of a Senate of 19 to 33 members and a House of Representatives of 45 to 90 members. Representatives were elected for two-year terms and were required to be at least 21 years old, while senators were elected for four-year terms and had to be at least 30 years old. This ensured that those making decisions about state finances had a level of maturity and, presumably, wisdom that came with age.
The 1845 Constitution also included provisions for the independent election of several key officials, including the Lieutenant Governor, Treasurer, Comptroller of Public Accounts, and Commissioner of the General Land Office. This distribution of authority prevented the consolidation of power and ensured that core fiscal and administrative functions remained outside the direct control of any one individual. The constitution thereby established a system of checks and balances, with power distributed across various branches and levels of government.
Overall, the extension of the right to vote to all free white male citizens over 21 in the Texas Constitution of 1845 was part of a broader set of political and economic reforms aimed at addressing the financial instability of the Republic. By restricting suffrage to a specific demographic, the framers of the constitution sought to protect the economic interests of the state while also establishing a system of government that distributed power and ensured a more stable political future for Texas.
Administrative Agencies: Are They Constitutional?
You may want to see also
The governor shared power with other elected executives
The Texas Constitution of 1845 provided for the government of Texas as a state in the United States. The legislative department was composed of a Senate of 19 to 33 members and a House of Representatives of 45 to 90 members. The governor shared power with these elected executives, as well as with the judiciary.
The governor could appoint the attorney general, secretary of state, and supreme and district court judges, subject to confirmation by the Senate. The comptroller and treasurer, however, were elected biennially by a joint session of the legislature, not by the governor. The governor could also convene the legislature and adjourn it in the case of a disagreement between the two houses. Notably, the governor was the commander-in-chief of the militia and had the power to grant pardons and reprieves.
While the governor could veto decisions, this could be overruled by a two-thirds majority of both houses of the legislature. Furthermore, the judiciary consisted of a Supreme Court, district courts, and such inferior courts as the legislature might establish, with the judges of the higher courts being appointed by the governor for six-year terms. The Supreme Court was composed of three judges, any two of whom constituted a quorum. Supreme and district judges could be removed by the governor with the address of two-thirds of both houses of the legislature for any cause that was not sufficient ground for impeachment.
The Constitution of 1845 also included provisions for the election of county officers and sheriffs by popular vote, with term limits for sheriffs. This demonstrates a further sharing of power away from appointed or elected officials and towards the people of Texas.
Parliament's Illegality: Britain's Constitutional Crisis
You may want to see also
The constitution was based on US constitutionalism and Jacksonian democracy
The Texas Constitution of 1845 was based on US constitutionalism and Jacksonian democracy. The constitution provided for the government of Texas as a state in the United States, and was twice as long as the Constitution of the Republic of Texas. The framers of the Texas Constitution drew heavily on the newly adopted Constitution of Louisiana and on the constitution drawn up by the Convention of 1833. However, they used the Constitution of the Republic as a working model for a general plan of government and a bill of rights.
The Jacksonian democracy was a 19th-century political philosophy in the United States that restructured several federal institutions. It was named after the seventh US president, Andrew Jackson, and his supporters. The term was in active use by the 1830s, and the era is referred to as the Jacksonian Era or Second Party System. Jacksonian democracy was built on the belief that the people are sovereign, that their will is absolute, and that the majority rules. It promoted the expansion of suffrage to all white men, and the belief in equal protection of the laws. Jacksonians also believed in an aversion to a moneyed aristocracy, exclusive privileges, and monopolies, and a predilection for the common man.
The Texas Constitution of 1845 reflects these Jacksonian democratic ideals. It provided for a legislative department composed of a Senate of 19 to 33 members and a House of Representatives of 45 to 90 members. The representatives were elected for two years and were required to be 21 years of age, while senators were elected for four years and were required to be at least 30 years old. The constitution also provided for the election of state officials, previously appointed by the governor or legislature. County officers were also elected for two years by popular vote.
The Texas Constitution of 1845 also included provisions for education, directing the legislature to make suitable provisions for the support and maintenance of public schools. Additionally, 10% of revenue from taxation was set aside as a Permanent School Fund. The constitution also addressed the role of the governor, who could appoint the attorney general, secretary of state, and supreme and district court judges, subject to confirmation by the Senate. The governor could also convene and adjourn the legislature and was commander-in-chief of the militia. The judiciary consisted of a Supreme Court, district courts, and such inferior courts as the legislature might establish.
Isomeric Boron: Understanding BR's Constitutional Isomers
You may want to see also
Explore related products
The legislative department was composed of a Senate and House of Representatives
The Constitution of 1845 provided for the government of Texas as a state in the United States. The legislative department was composed of a Senate of nineteen to thirty-three members and a House of Representatives of forty-five to ninety members. The members of the House of Representatives were elected for two years and were required to be at least twenty-one years old. Senators, on the other hand, were elected for four years, with half chosen biennially, and they had to be at least thirty years old. The legislators' compensation was set at three dollars per day for each day of attendance and an additional three dollars for every twenty-five miles travelled to and from the capital.
The Constitution outlined specific rules and procedures for the legislative department. For example, all bills for raising revenue had to originate in the House of Representatives, but the Senate could amend or reject them. After a bill or resolution was rejected by either branch, no similar bill or resolution could be passed into law during the same session. The House of Representatives was responsible for electing a speaker and its other officers, while the Senate chose a president and its officers. Each house was responsible for judging the qualifications and elections of its members, with contested elections resolved according to the law.
The legislative department also had the power to propose amendments to the constitution. A two-thirds vote in each house was required to initiate an amendment, and if a majority of voters approved, it would become part of the constitution if two-thirds of both houses of the next legislature ratified it. This process was only successful once in the history of the 1845 Constitution, leading to the election of state officials in 1850.
The governor of Texas played a significant role in relation to the legislative department. The governor could convene and adjourn the legislature in cases of disagreement between the two houses. They also had the power to appoint the attorney general, secretary of state, and judges, subject to Senate confirmation. The governor's veto could be overridden by a two-thirds vote in both houses.
Social Contract Theory: Friend or Foe to the US Constitution?
You may want to see also
The judiciary consisted of a Supreme Court, district courts, and inferior courts
The Texas Constitution of 1845 provided for the government of Texas as a state in the United States. The judiciary system outlined in the constitution consisted of a Supreme Court, district courts, and inferior courts. The Supreme Court was made up of three judges, any two of whom constituted a quorum. The governor appointed the judges of the higher courts for six-year terms, subject to confirmation by the Senate.
The governor could also remove Supreme and district judges on the address of two-thirds of both houses of the legislature for any cause that was not sufficient ground for impeachment. A district attorney for each district was elected. The governor could also appoint the attorney general, secretary of state, and supreme and district court judges, subject to confirmation by the Senate.
The Constitution of 1845 was almost twice as long as the Constitution of the Republic of Texas. The legislative department was composed of a Senate of 19 to 33 members and a House of Representatives of 45 to 90. Representatives, elected for two years, were required to have attained the age of 21. Senators were elected for four years, with half chosen biennially, and all were at least 30 years old. Legislators' compensation was set at three dollars a day for each day of attendance and three dollars for each 25 miles of travel to and from the capital.
County officers were elected for two years by popular vote. The sheriff was not eligible to serve more than four years out of six. Trial by jury was extended to cases in equity, as well as civil and criminal law. The longest article of the constitution was Article VII, on General Provisions. Most of its 37 sections were limitations on the legislature. One section forbade the holding of office by any citizen who had ever participated in a duel.
Gun Rights: Constitution vs. Modern America
You may want to see also
Frequently asked questions
The Texas Constitution of 1845 was a foundational legal instrument that marked the formal transition of Texas from an independent republic to a constituent state within the United States.
The right to vote was extended to all free white male citizens over the age of 21 who had resided in Texas for one year and in their district for six months. Non-citizens, women, Native Americans, and free Black individuals were categorically excluded.
The Texas Constitution of 1845 incorporated a rigid amending process that required two legislative approvals by a two-thirds vote with an intervening election at which a majority of all voters approved.
