Eleanor Finch
The Constitution of 1845, which provided for the government of Texas as a state in the United States, limited the state debt to $100,000, except in the case of war, insurrection, or invasion. This straightforward and simple constitution was the most popular of all Texas constitutions and was accepted by the United States on December 29, 1845. Interestingly, in recent years, legal experts have proposed that the Fourteenth Amendment's Public Debt Clause could allow a president to raise the nation's debt ceiling without seeking congressional approval. However, legal scholars disagree on whether this would be legally defensible, and no president has attempted it.
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What You'll Learn
The Texas Constitution of 1845 was straightforward and simple
The Texas Constitution of 1845 was also notable for limiting the state debt to $100,000, except in cases of war, insurrection, or invasion. It required equal and uniform taxation and allowed for income and occupation taxes to be levied. It also included a noteworthy section that made family homesteads exempt from forced sale, with a limit of 200 acres of land or city property not exceeding $2,000 in value. This provision was designed to protect homesteads and recognize community property rights.
The Constitution of 1845 was also the first in Texas to provide for the government of Texas as a state in the United States. It was accepted by the United States on December 29, 1845, and has been considered the most popular of all Texas constitutions. Its simplicity and clarity prompted many national politicians to praise it as the best of all the state constitutions.
In addition to its straightforward nature, the Texas Constitution of 1845 also included provisions for public education. It directed the legislature to make suitable provisions for the support and maintenance of public schools and set aside 10% of the revenue from taxation as a Permanent School Fund. This demonstrated a commitment to education and the development of the state's future generations.
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It was accepted by the US on December 29, 1845
The Constitution of 1845, which provided for the government of Texas as a state in the United States, was accepted by the US on December 29, 1845. It was almost twice as long as the Constitution of the Republic of Texas. The framers, members of the Convention of 1845, drew heavily on the newly adopted Constitution of Louisiana and on the constitution drawn by the Convention of 1833. They used the Constitution of the republic as a working model for a general plan of government and bill of rights.
The Constitution of 1845 has been the most popular of all Texas constitutions due to its straightforward, simple form. Many national politicians, including Daniel Webster, praised the Texas constitution as the best of all the state constitutions. However, some men, including Webster, argued against the annexation of Texas.
The legislative department was composed of a Senate of 19 to 33 members and a House of Representatives of 45 to 90 members. Representatives, elected for two years, were required to be at least 21 years old. Senators, elected for four years, were required to be at least 30 years old, 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 each 25 miles of travel to and from the capital.
The state debt was limited to $100,000, except in the case of war, insurrection, or invasion. Equal and uniform taxation was required, and income and occupation taxes could be levied. Each family was allowed an exemption of $250 on household goods, and a noteworthy section made exempt from forced sale any family homestead, not to exceed 200 acres of land or city property not exceeding $2,000 in value. The owner, if a married man, could not sell or trade the homestead without the consent of his wife.
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It was based on the newly adopted Constitution of Louisiana
The Texas Constitution of 1845 was based on the newly adopted Constitution of Louisiana. This constitution has been the most popular of all Texas constitutions, with its simple and straightforward form prompting many national politicians to commend it as the best of all state constitutions. The framers of the Constitution of 1845, members of the Convention of 1845, drew heavily on the Louisiana Constitution, as well as the constitution drafted by the Convention of 1833. They used the Constitution of the Republic as a working model for their general plan of government and bill of rights.
The Constitution of 1845 provided for the government of Texas as a state in the United States. It 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 members. Representatives, who needed to be at least 21 years old, were elected for two-year terms. Senators, on the other hand, were elected for four-year terms, with half of the Senate chosen biennially, and all needed to be at least 30 years old. Legislators' compensation was set at three dollars per day for each day of attendance and an additional three dollars for every 25 miles travelled to and from the convention.
The Constitution of 1845 also included provisions for equal and uniform taxation, with the possibility of levying income and occupation taxes. It set aside 10% of taxation revenue as a Permanent School Fund for public schools. Additionally, it recognised the separate ownership of real and personal property by married women, acquired before or after marriage through gift or inheritance. Notably, Texas was a pioneer state in providing for homestead protection and the recognition of community property.
While the Texas Constitution of 1845 was influenced by the Louisiana Constitution, it is important to note that it also addressed specific concerns and contexts relevant to Texas at the time. The constitution's focus on simplicity and clarity contributed to its popularity and positive reception among politicians and legal scholars.
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It limited state debt to $100,000
The Constitution of 1845 provided for the government of Texas as a state in the United States. 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 of 1845 limited the state debt to $100,000, except in the case of war, insurrection, or invasion. This was done to ensure that the state's debt remained manageable and did not become a burden on the state's finances. The limit on state debt was one of the measures included in the constitution to provide for the government of Texas and ensure its financial stability.
In addition to limiting state debt, the Constitution of 1845 also included provisions for equal and uniform taxation, with income and occupation taxes levied. It also recognised the separate ownership by married women of all real and personal property owned before marriage or acquired afterward by gift or inheritance. This made Texas a pioneer state in providing for homestead protection and the recognition of community property.
The Constitution of 1845 has been the most popular of all Texas constitutions due to its straightforward and simple form. It was accepted by the United States on December 29, 1845, and has been praised by national politicians for its clarity and effectiveness in providing for the government of Texas.
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It provided for equal and uniform taxation
The Texas Constitution of 1845 was almost twice as long as the Constitution of the Republic of Texas. It was accepted by the United States on December 29, 1845, and has been the most popular of all Texas constitutions. 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 provided for equal and uniform taxation. It limited the state debt to $100,000, except in the case of war, insurrection, or invasion. Income and occupation taxes could be levied, and each family was to be allowed an exemption of $250 on household goods. This constitution was notable for making family homesteads exempt from forced sale, including up to 200 acres of land or city property not exceeding $2,000 in value. The owner, if married, could not sell or trade the homestead without the consent of their wife.
The Fourteenth Amendment's Public Debt Clause, passed by Congress in 1866 and ratified in 1868, states that the validity of the public debt of the United States, authorized by law, shall not be questioned. This clause also applies to debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion. However, it specifies that neither the United States nor any State shall assume or pay any debt incurred in aid of insurrection or rebellion against the United States.
In recent years, legal experts have proposed that the Public Debt Clause could allow a president to raise the nation's debt ceiling without congressional approval. However, legal scholars are divided on whether this would be legally defensible, and no president has attempted it. The Supreme Court has only addressed the Public Debt Clause in one case, Perry v. United States, which concerned the validity of a "gold bond".
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Frequently asked questions
The Constitution of 1845, which provided for the government of Texas as a state in the United States, was modeled after the newly adopted Constitution of Louisiana and the constitution drawn by the Convention of 1833. The state debt was limited to $100,000, except in the case of war, insurrection, or invasion.
The public debt limit was intended to control government spending and ensure fiscal responsibility. By capping the state debt at $100,000, the constitution aimed to prevent excessive borrowing and maintain financial stability.
Yes, the constitution specified that the debt limit could be exceeded in cases of war, insurrection, or invasion. This provision allowed for additional financial flexibility in times of crisis or emergency.
By imposing a limit on state debt, the Constitution of 1845 encouraged responsible financial management and promoted economic stability in Texas. It also ensured that Texas maintained control over its finances and did not incur excessive debt that could hinder its economic development.
