Eleanor Finch
The Constitution of 1845 was the first state constitution of Texas, adopted on 27 August 1845, just before Texas was admitted to the Union as a state on 29 December 1845. It was almost twice as long as the Constitution of the Republic of Texas and was modelled on the newly adopted Constitution of Louisiana, the constitution drawn by the Convention of 1833, and the Constitution of the Republic. The Constitution of 1845 was accepted by the United States and has been the most popular of all Texas constitutions, with many praising its straightforward, simple form. The constitution's 13 articles covered topics such as the legislative department, judicial department, slaves, impeachment, education, and general provisions.
| Characteristics | Values |
|---|---|
| Legislative Department | Composed of a Senate of 19 to 33 members and a House of Representatives of 45 to 90 members |
| Representatives elected for two years and required to be at least 21 years old | |
| Senators elected for four years, one-half chosen biennially, and required to be at least 30 years old | |
| Separation of Powers | The legislative powers of the State of Texas are vested in the Senate and the House of Representatives |
| Bill of Rights | Article I of the Texas Constitution; considerably lengthier and more detailed than the federal Bill of Rights |
| Education | Directed to make suitable provision for support and maintenance of public schools |
| 10% of revenue from taxation set aside as a Permanent School Fund | |
| School lands not to be sold for 20 years but could be leased | |
| General Provisions | Limitations on the legislature, including a prohibition on holding office for citizens who participated in duels |
| Prohibition on bank corporations and the authorization of individuals to issue bills, checks, etc. as money | |
| State debt limited to $100,000, except in cases of war, insurrection, or invasion | |
| Requirement for equal and uniform taxation with allowances for income and occupation tax exemptions | |
| Exemption of family homesteads from forced sale, with a limit of 200 acres of land or $2,000 in value for city property; married men required to obtain their wife's consent for sale or trade | |
| Amendments | Could be proposed with a two-thirds vote of each house and became part of the constitution if approved by a majority of voters and two-thirds of both houses of the next legislature |
| Only one amendment was made to the Constitution of 1845, approved on January 16, 1850, providing for the election of state officials |
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What You'll Learn
The constitution provided for the government of Texas as a state in the US
The Constitution of 1845 provided for the government of Texas as a state in the United States. It was adopted on 27 August 1845, just before Texas was admitted to the Union on 29 December 1845. The constitution was modelled on the newly adopted Constitution of Louisiana and the constitution drawn by the Convention of 1833, with the Constitution of the Republic of Texas serving as a working template.
The Constitution of 1845 was almost twice as long as the Constitution of the Republic of Texas and included a bill of rights, as well as provisions for the state's legislative, judicial, and executive departments. The legislative department was composed of a Senate of 19 to 33 members and a House of Representatives of 45 to 90 members. Representatives were elected for two years and were required to be at least 21 years old, while senators were elected for four years, with half chosen biennially, and all at least 30 years old.
The constitution also included provisions for the education system in Texas, directing the legislature to provide for the support and maintenance of public schools. It set aside 10% of taxation revenue as a Permanent School Fund and prohibited the sale of school lands for 20 years, although they could be leased. The constitution reaffirmed the Land Provisions of the Constitution of 1836 and continued the operation of the General Land Office.
The constitution included a lengthy bill of rights, with protections and limitations on the power of the state government. It also contained provisions unique to Texas, such as the recognition of the writ of habeas corpus as an unqualified right and the prohibition of its suspension. It also prohibited both corruption of blood and forfeiture of estates, including in cases of suicide, which expanded upon the limitations in the US Constitution.
The Constitution of 1845 has been praised for its straightforward and simple form, with many politicians remarking that it was one of the best state constitutions. It was the most popular of all Texas constitutions and served as a model for the state's government and bill of rights.
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It included a bill of rights
The Constitution of 1845 included a bill of rights, which was incorporated directly into the text as Article I. This bill of rights was considerably lengthier and more detailed than the federal Bill of Rights, with 29 sections originally (five more have since been added). It outlined specific, fundamental limitations on the power of the Texas state government, with protections that applied solely to actions by the Texas government.
The Texas Bill of Rights included many rights similar to those found in the U.S. Bill of Rights, but it also contained several provisions that were unique to Texas. For example, Section 12 of the Texas Bill of Rights recognised the writ of habeas corpus as an unqualified right and prohibited its suspension under any circumstances. This differed from the U.S. Constitution, which allowed suspension "in Cases of Rebellion or Invasion when the public safety may require it".
Another unique provision was Section 21, which prohibited both corruption of blood and forfeiture of estates, including in cases of suicide. This expanded upon the U.S. Constitution's Article III, Section 3, which limited such forfeitures to cases of treason and only during the life of the person convicted. Additionally, Section 34 affirmed the right of the people to hunt, fish, and harvest wildlife, subject to regulations intended for wildlife conservation.
The Constitution of 1845 was drafted by the members of the Convention of 1845, who drew heavily on the newly adopted Constitution of Louisiana and the constitution drawn up by the Convention of 1833. However, they used the Constitution of the Republic of Texas as a working model for the general plan of government and bill of rights. This constitution was adopted just before Texas's annexation into the United States and provided for the government of Texas as a state in the Union. It was accepted by the United States on December 29, 1845, the same day Texas was officially admitted into the Union.
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It outlined the legislative, judicial, and executive departments
The Constitution of 1845 outlined the legislative, judicial, and executive departments of the government of Texas as a state in the United States. It was drafted by the members of the Convention of 1845, who drew heavily on the newly adopted Constitution of Louisiana and the constitution drawn up by the Convention of 1833. The Constitution of 1845 was almost twice as long as the Constitution of the Republic of Texas, and it set forth Texas law in a simple and straightforward manner.
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. Senators were required to be at least thirty years old and were elected for four-year terms, with half chosen biennially. Representatives were required to be at least twenty-one years old and were elected for two-year terms. Legislators' compensation was set at three dollars per day for each day of attendance and three dollars for every twenty-five miles travelled to and from the convention.
The legislative powers of the state were vested in these two distinct branches, with the style of all laws being "Be it enacted by the legislature of the State of Texas." The House of Representatives elected a speaker and its other officers, while the Senate chose a president and its other officers. Each house judged the qualifications and elections of its members, but contested elections were determined as directed by law. A quorum of two-thirds of each house was required to conduct business, but a smaller number could adjourn from day to day and compel the attendance of absent members.
The judicial department was established as part of the Constitution of 1845, but specific details about its provisions are not readily available. However, it is worth noting that the constitution as a whole included a Bill of Rights with unique provisions, such as recognizing the writ of habeas corpus as an unqualified right and prohibiting its suspension under any circumstances.
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It included provisions for public education
The Texas Constitution of 1845 included provisions for public education. The constitution, which provided for the government of Texas as a state in the United States, was almost twice as long as the Constitution of the Republic of Texas. It was modelled after the newly adopted Constitution of Louisiana and the constitution drawn by the Convention of 1833. The legislative department was composed of a Senate of 19 to 33 members and a House of Representatives of 45 to 90 members.
The constitution's article on education directed the legislature to make suitable provisions for the support and maintenance of public schools. It set aside 10% of the revenue from taxation as a Permanent School Fund. School lands were not to be sold for 20 years but could be leased, with the income from the leases becoming a part of the Available School Fund. The constitution reaffirmed land provisions of the Constitution of 1836 and continued the operation of the General Land Office.
The Constitution of 1845 has been the most popular of all Texas constitutions due to its straightforward, simple form. It was accepted by the United States on December 29, 1845.
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It was drafted by members of the Convention of 1845
The Constitution of 1845 was drafted by members of the Convention of 1845. It was adopted on August 27, 1845, and set forth Texas law in a simple and straightforward manner. The framers drew heavily on the newly adopted Constitution of Louisiana and on the constitution drawn by the Convention of 1833. The Constitution of 1845 was almost twice as long as the Constitution of the Republic of Texas, and it provided for the government of Texas as a state in the United States.
The legislative department established by the Constitution of 1845 was composed of a Senate of nineteen to thirty-three members and a House of Representatives of forty-five to ninety members. Representatives were required to be at least twenty-one years old and were elected for two-year terms. Senators were required to be at least thirty years old and were elected for four-year terms, with half of the Senate chosen biennially. Legislators' compensation was set at three dollars a day for each day of attendance and three dollars for every twenty-five miles travelled to and from the convention.
The Constitution of 1845 included a Bill of Rights, which was considerably lengthier and more detailed than the federal Bill of Rights. It also included provisions unique to Texas, such as the recognition of the writ of habeas corpus as an unqualified right and the prohibition of its suspension under any circumstances. The Texas Bill of Rights also prohibited both corruption of blood and forfeiture of estates, including in cases of suicide, which expanded upon the limitations outlined in the U.S. Constitution.
The Constitution of 1845 also included an article on education, which directed the legislature to make suitable provisions for the support and maintenance of public schools. Ten per cent of revenue from taxation was set aside as a Permanent School Fund, and school lands were not to be sold for twenty years but could be leased, with the income becoming part of the Available School Fund. The constitution also reaffirmed the Land Provisions of the Constitution of 1836 and continued the operation of the General Land Office.
The longest article of the Constitution of 1845 was Article VII, on General Provisions. Most of its thirty-seven sections were limitations on the legislature. One noteworthy section forbade any citizen who had ever participated in a duel from holding office. Bank corporations were prohibited, and the legislature was forbidden to authorise individuals to issue bills, checks, or other paper to circulate as money. The state debt was limited to $100,000, except in cases of war, insurrection, or invasion. Equal and uniform taxation were required, and each family was to be allowed an exemption of $250 on household goods. Another notable section made any family homestead exempt from forced sale, provided it did not exceed 200 acres of land or $2,000 in value; if the owner was married, he could not sell or trade the homestead without his wife's consent.
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Frequently asked questions
The Constitution of 1845 was the first state constitution of Texas, providing for the government of Texas as a state in the United States. It was drafted by the members of the Convention of 1845 and adopted on August 27, 1845, before Texas was officially admitted into the Union on December 29, 1845.
The Constitution of 1845 included a Bill of Rights, a Division of Powers of Government, and provisions for the Legislative, Judicial, and Executive Departments. It also included articles on the Militia, Slaves, Impeachment, Education, Land Office, and General Provisions. The constitution addressed issues such as the qualifications and elections of legislators, the support and maintenance of public schools, limitations on the state debt, uniform taxation, and the protection of family homesteads.
The Constitution of 1845 was almost twice as long as the Constitution of the Republic of Texas. It drew heavily on the newly adopted Constitution of Louisiana and the constitution drawn by the Convention of 1833. It was praised for its straightforward and simple form, considered one of the best-drafted state constitutions. The Texas Bill of Rights, included as Article I, was lengthier and more detailed than the federal Bill of Rights, with unique provisions such as the unqualified right to habeas corpus and the prohibition of corruption of blood and forfeiture of estates.
