Omar Bennett
The Constitution of 1836, also known as the Constitution of the Republic of Texas, was drafted in the midst of the Texas Revolution. It was influenced by the United States Constitution, incorporating large sections of it, along with Mexican law. The Texas Constitution, like the US Constitution, includes the principles of representative democratic government, a bill of rights, and a two-house legislature. It also outlines restrictions and limitations on the powers of the state government. The Texas Declaration of Independence, issued in 1836, is another document similar to the US Declaration of Independence, with a focus on citizens' rights to life, liberty, and property.
| Characteristics | Values |
|---|---|
| Year of Declaration | 1836 |
| Declaration of Independence | Texas formally declared its independence from Mexico |
| Date of Declaration | 2nd of March, 1836 |
| Place of Declaration | Washington-on-the-Brazos, now referred to as the "birthplace of Texas" |
| Participants | 39 from southern states with slavery, 6 from Kentucky, 7 from northern states, 3 from Mexico, 4 from other English-speaking lands |
| Basis of Declaration | Rights of citizens to "life", "liberty", and "property" |
| Inspiration | Ideas of John Locke and Thomas Jefferson |
| Outlawing | Importation of enslaved people from Africa |
| Protection | Guaranteed slaveowners could keep enslaved people as property |
| Permission | New slave-owning immigrants could bring enslaved people into Texas |
| Number of Sections | 29 |
| Number of Amendments | 517 |
| Type of Government | Representative democratic government |
| Powers | Divided between upper and lower levels |
| Judiciary | Six types of courts |
| Judges | Elected to their seats |
| Ease of Amendment | Easy to amend |
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What You'll Learn
The Texas Declaration of Independence (1836)
The declaration was issued during a revolution against the Mexican government, which began in October 1835, following a series of controversial government decrees. These included the dissolution of state legislatures, the disarming of state militias, and the abolition of the Constitution of 1824. By December 1835, Anglo-American settlers, known as Texians, and Tejanos, Texans of mixed Mexican and Indian descent, had captured the town of San Antonio.
The Texas Declaration of Independence stated the reasons for the necessity of Texas's separation from Mexico and the creation of an independent republic. It drew inspiration from the ideas of John Locke and Thomas Jefferson, and like the United States Declaration of Independence, it emphasised the rights of citizens to "life", "liberty", and notably, "property".
The Constitution of 1836, drafted during the Texas Revolution, incorporated large sections of the United States Constitution and Mexican law. It included a Bill of Rights, which guaranteed certain freedoms and outlined restrictions on the powers of the state government. The constitution also addressed slavery, outlawing the importation of enslaved people from Africa but permitting slaveowners to retain those they already owned. It also allowed new slave-owning immigrants to bring enslaved people into Texas with them.
The Texas Constitution has undergone several amendments since its inception, with the current version adopted in 1876 being the seventh iteration. It is the second-longest state constitution in the United States and is characterised by its detailed nature and emphasis on limiting government power.
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The US Declaration of Independence
The Declaration of Independence was also influenced by the Virginia Constitution and the Virginia Declaration of Rights, with ideas and phrases from both documents appearing in the final draft. The Declaration was a formal statement justifying the colonies' right to break away from Great Britain and form an independent nation. It accused King George of violating the constitutional rights of the colonists, including the right to representation and self-governance.
Similarly, the Texas Declaration of Independence, written by George C. Childress and adopted on March 2, 1836, stated the reasons for Texas's separation from Mexico and its establishment as an independent republic. The Texas Declaration drew heavily on the ideas of John Locke and Thomas Jefferson, much like the US Declaration of Independence. It outlined the grievances of the people of Texas against the Mexican government, specifically citing the failure to uphold constitutional liberty and republican government.
Both the US Declaration of Independence and the Texas Declaration of Independence were influenced by the Enlightenment-era political philosophies of the time and were created to justify the separation from a parent nation and the formation of a new, independent republic. They both emphasised the importance of individual liberties and the right to self-governance. The Texas Constitution of 1836, drafted after the Texas Declaration of Independence, also incorporated large sections of the US Constitution, further highlighting the similarities between the two documents.
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The US Constitution
The Constitution of the Republic of Texas, drafted in 1836, shares similarities with the US Constitution. Both documents include the principles of representative democratic government, with authority derived from the people. They both contain a bill of rights that safeguards civil liberties from the government.
The Texas Constitution of 1836 was drafted during the Texas Revolution. It incorporated large sections of the US Constitution, as well as Mexican law. The Texas Constitution, like the US Constitution, establishes a two-house legislature with a House of Representatives and a Senate. Both documents also have a system of checks and balances and a separation of powers between the legislative, executive, and judicial branches of government. They divide government power between upper and lower levels, but the US Constitution increases central power, while the Texas Constitution limits it.
The Texas Constitution is long and detailed, listing the powers of the government, while the US Constitution is brief and vague, allowing for broader interpretation. The US Constitution concentrates executive power in the President, while the Texas Constitution shares power across multiple elected offices. The Texas Constitution also allows the governor to veto specific items in budget appropriation bills, which is considered unconstitutional by the US Supreme Court as it violates the separation of powers.
The Texas Constitution is easier to amend than the US Constitution, which has a structure that makes frequent amendments unnecessary. The Texas Constitution has been amended frequently, with Texas being the third-most amended state constitution. The Texas Bill of Rights is more detailed than the US Bill of Rights, with unique provisions such as the unqualified right to habeas corpus.
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The Texas Constitution (1876)
The Texas Constitution of 1876 is the seventh constitution in Texas history. It was adopted on February 15, 1876, and is the second-longest state constitution in the United States. It is also the third-most amended state constitution.
The Texas Constitution of 1876 is long and detailed, outlining the powers of the government and limiting state legislators in what they can write into law. It creates a plural executive that shares power across multiple elected offices, allowing the governor to veto specific items contained within budget appropriations bills passed by the legislature. The Texas Constitution also establishes a two-house legislature with a House of Representatives and a Senate, and it incorporates a bill of rights that protects civil liberties from the government. The bill of rights includes the right to worship according to one's own conscience, and it prohibits the suspension of the writ of habeas corpus under any circumstances.
The Texas Constitution of 1876 has some similarities to the US Constitution. Both include the principles of representative democratic government, with authority derived from the people. Both establish a two-house legislature, a system of checks and balances, and a separation of powers between the legislative, executive, and judicial branches of government. They also divide government power between upper and lower levels. However, there are also differences. The US Constitution increases government power, while the Texas Constitution limits it. The US Constitution is also brief and vague, allowing for broad interpretation, while the Texas Constitution is detailed and specific.
The Texas Constitution of 1836, drafted during the Texas Revolution, incorporated large sections of the US Constitution, along with Mexican law. It also guaranteed slavery as an economic and political institution in Texas. The Texas Declaration of Independence of 1836, modelled on the US Declaration of Independence, formally declared Texas's independence from Mexico.
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The Mexican Constitution
The Texas Constitution of 1836 was the second in Texas' history, the first being the Mexican Constitution of 1827, which was written when Texas was still part of Mexico and was the Mexican state of Coahuila y Tejas. The Texas Constitution of 1836 was drafted during the Texas Revolution, and it incorporated large sections of the United States Constitution, as well as Mexican law.
The Texas Constitution of 1836 was long and detailed, listing the powers of the government and limiting what state legislators could write into law. It also included a Bill of Rights, which protected civil liberties from the government. The Texas Constitution created a plural executive, sharing executive power across multiple elected offices, and allowed the governor to veto specific items in budget appropriation bills. It also outlawed the importation of enslaved people from Africa, but it guaranteed that slave owners could keep enslaved people as property.
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Frequently asked questions
The Constitution of 1836, also known as the Constitution of the Republic of Texas, shares similarities with the US Constitution. Both documents include the principles of representative democratic government, a bill of rights, a two-house legislature, and a system of checks and balances.
The Constitution of 1836 was drafted during the Texas Revolution and played a crucial role in shaping the Republic of Texas. It incorporated large sections of the US Constitution, along with Mexican law, and included provisions that protected slavery as an institution in Texas.
Yes, the Texas Declaration of Independence in 1836 shares similarities with the US Declaration of Independence. Both documents emphasise the rights of citizens to "life" and "liberty", with a particular focus on the "property of the citizen".
