Isabella Carter
The Reconstruction Constitution was pejoratively referred to as the carpetbagger's constitution. The Reconstruction Constitution was the first to govern Anglos in Texas and was approved by voters in 1876.
| Characteristics | Values |
|---|---|
| Pejorative Name | Carpetbagger's Constitution |
| Constitutions with the same nickname | U.S. Constitution, Republic of Mexico's Constitution, Republic of Texas Constitution, Reconstruction Constitution |
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What You'll Learn
The US Constitution
The Constitution begins with the famous words, "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
The document outlines the legislative powers of the US government, including the establishment of a Congress consisting of a Senate and a House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the states, with each state having its own qualifications for electors.
Additionally, the Constitution addresses the role of each House in judging elections, determining rules of proceedings, punishing members for disorderly behaviour, and keeping a journal of its proceedings. It also mentions the privilege of the writ of habeas corpus and the prohibition of suspending it without exceptional circumstances.
Article 6 of the US Constitution, also known as the Supremacy Clause, establishes the Constitution as the supreme law of the land, superseding any federal or state law. This clause reinforces the authority of the Constitution and ensures its primacy in the legal framework of the United States.
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Republic of Mexico's Constitution
The current Constitution of Mexico, officially the Political Constitution of the United Mexican States, was drafted in Santiago de Querétaro during the Mexican Revolution. It was approved by the Constituent Congress on 5 February 1917 and has been amended several times since. The constitution is the successor to earlier versions, including the Constitution of 1857.
The Constitution of 1917 is considered the legal triumph of the Mexican Revolution. Notably, it was the first such document in the world to outline social rights, preceding the Russian Soviet Federative Socialist Republic Constitution of 1918 and the Weimar Constitution of 1919. Important provisions include Articles 3, 27, and 123, which were adopted in response to the armed insurrection of the popular classes during the revolution.
Article 27 was a compromise, addressing the desire to socialise property, and Article 123 enshrined labour rights in the Constitution, rewarding labour for its role in the Constitutionalist victory. The labour article was drafted by a small committee headed by Pastor Rouaix and José Natividad Macías, and it incorporated the demands for protections outlined in the Program of the Liberal Party of Mexico.
The Constitution guarantees freedom of speech and freedom of the press, with limitations regarding private life, morality, and public peace. It also outlines the right to petition, the right to peaceful assembly, and the right to bear arms. It establishes Mexico as a federation governed by a president, congress, and supreme court, with powers granted to the states to legislate on matters important to them.
The Republic of Mexico's Constitution of 1824, written by a committee in Mexico City led by federalist Miguel Ramos Arizpe, was the first to govern Anglos in Texas. It was influenced by the United States Constitution and Spain's Constitution of 1812.
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Republic of Texas Constitution
The Constitution of the Republic of Texas was drafted in 1836 during the Texas Revolution. It was the first Anglo-American constitution to govern Texas. The document was created by 59 delegates who met at Washington-on-the Brazos on March 1, 1836, and was approved by a vote of the people of the republic in September of the same year.
The constitution was based on the United States Constitution and some state constitutions, as well as Mexican law. It was written in a style that resembled older American constitutions, with well-known words and phrases, making it easier to understand. The document was only 6,500 words long and granted power to state officials, particularly the chief executive. It did not place many limitations on the government.
The Republic of Texas constitution established a legislature made up of two houses: the Senate and the House of Representatives, or the Congress of the Republic of Texas. Members of the House of Representatives were to be chosen annually, on the first Monday of September, and would hold office for one year. The executive branch resembled the American presidency, and there was a four-tiered judiciary system of justice, county, district, and supreme courts.
Some of the most important provisions of the constitution dealt with land ownership. The document tried to protect the rights of people in the unoccupied lands of the republic, which were a major attraction for immigrants coming to Texas. It also included provisions adapted from Spanish-Mexican law, such as community property, homestead exemptions, and protections, and debtor relief.
The amendment process for the constitution was very complex, and in its ten-year span, no amendments were ever adopted.
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Reconstruction Constitution
The Reconstruction Constitution, pejoratively referred to as the "carpetbagger's constitution", refers to the set of amendments made to the US Constitution following the Civil War. These amendments, known as the Reconstruction Amendments, were adopted between 1865 and 1870 and were designed to transform the United States from a country that was described by President Abraham Lincoln as "half slave and half free".
The Reconstruction Amendments consist of the Thirteenth, Fourteenth, and Fifteenth Amendments to the US Constitution. The Thirteenth Amendment abolished slavery and involuntary servitude, except as punishment for a crime. It was passed by the US Senate in 1864 and ratified in 1865. The Fourteenth Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. The Fifteenth Amendment, ratified in 1870, prohibits federal and state governments from denying a citizen the right to vote based on "race, color, or previous condition of servitude".
These amendments were part of a broader movement to reconstruct the United States and guarantee the freedom and civil rights of formerly enslaved people. They also aimed to protect the rights of all citizens of the United States. The Radical Republicans supported the passage of these amendments to ensure that the newly granted rights could not be easily repealed.
However, despite the Reconstruction Amendments, some states passed Jim Crow laws in 1876 and beyond that limited the rights of African Americans. Important Supreme Court decisions, such as the Slaughter-House Cases in 1873 and Plessy v. Ferguson in 1896, undermined the Fourteenth and Fifteenth Amendments. It was not until the Supreme Court decision in Brown v. Board of Education in 1954, along with laws such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965, that the full benefits of the Reconstruction Amendments were realized.
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The first to govern Anglos in Texas
The Constitution of the Republic of Texas, written in 1836, was the first Anglo-American constitution to govern Texas. It was drafted by 59 delegates who assembled at Washington-on-the Brazos on March 1, 1836. The constitution was adopted 15 days later and was ratified by the people of the republic in September 1836.
The constitution was modelled on the Constitution of the United States and some state constitutions. It was concise, at only 6,500 words, and it granted power to state officials, particularly the chief executive. It avoided imposing many constraints on the government. The constitution's recognisable phrases and terms borrowed from older American constitutions made it more accessible.
The legislature was bicameral, consisting of the Senate and the House of Representatives. The executive branch mirrored the American presidency, and the judiciary was organised into four levels: justice, county, district, and supreme courts.
The constitution included some unusual provisions that reflected the ideas and legal heritage of the states from which the delegates hailed. For example, ministers and priests were barred from holding public office, and imprisonment for debt was abolished. Monopolies, primogeniture, and entailment were also prohibited. Terms of office were brief, ranging from one year for representatives to four years for some judges, and annual elections were mandated.
Some provisions were adapted from Spanish-Mexican law, including community property, homestead exemptions and protections, and debtor relief. The amendment process was complex, and no amendments were adopted during the constitution's ten-year lifespan. Land ownership provisions were significant, protecting the rights of people in the unoccupied lands of the republic, which were a key attraction for immigrants to Texas.
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Frequently asked questions
The Reconstruction Constitution.
The Republic of Mexico's Constitution.
Property rights for women.
It died in committee.
