Eleanor Finch
The Texas Constitution of 1845 was written to establish the government of Texas as a state in the United States. It was drafted just before Texas was annexed from Mexico and admitted to the Union on December 29, 1845. The Constitution of 1845 was almost twice as long as the previous Constitution of the Republic of Texas, which was the supreme law of Texas from 1836 to 1845. The framers of the 1845 Constitution drew heavily on the newly adopted Constitution of Louisiana and the constitution drawn up by the Convention of 1833. The 1845 Constitution was notable for its straightforward and simple form, and it was considered one of the best-drafted state constitutions by constitutional scholars.
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What You'll Learn
- The constitution was drafted with care, setting Texas law in a simple and straightforward manner
- It was based on the newly adopted Constitution of Louisiana and the constitution drawn by the Convention of 1833
- The legislative department was composed of a Senate and a House of Representatives
- Amendments could be proposed with a two-thirds vote of each house
- It was the most popular of all Texas constitutions, accepted by the US on December 29, 1845
The constitution was drafted with care, setting Texas law in a simple and straightforward manner
The Texas Constitution of 1845 was the state's first constitution as part of the United States. It was drafted with care and set Texas law in a simple and straightforward manner. The framers of the constitution drew heavily on the newly adopted Constitution of Louisiana and the constitution drawn by the Convention of 1833. The Constitution of the Republic of Texas, which was the supreme law of Texas from 1836 to 1845, was also used as a working model. The 1845 Constitution was almost twice as long as its predecessor and provided for the government of Texas as a state in the United States.
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 required to be at least 21 years old, citizens of the United States or the Republic of Texas, and inhabitants of the state for two years prior to their election, with the last year being a resident of the county, city, or town they represented. They were elected for two-year terms by qualified electors, who were defined as all free male persons over the age of 21 who had resided in Texas for at least six months. Senators, on the other hand, were required to be at least 30 years old and had to have been inhabitants of the state for three years prior to their election, with the last year being a resident of the district they represented. They were elected for four-year terms, with half of the Senate being chosen biennially.
The judiciary established by the 1845 Constitution consisted of a Supreme Court, district courts, and such inferior courts as the legislature might establish. 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 and could remove them with the address of two-thirds of both houses of the legislature, even without sufficient grounds for impeachment. A district attorney for each district was elected by a joint vote of both houses to serve for two years. County officers were elected for two-year terms by popular vote, and the sheriff could not serve more than four years out of any six.
The 1845 Constitution also included a bill of rights, which established how people were to be treated by the government and what freedoms they were allowed. It guaranteed equal rights for all free, white men, freedom of religion, and prohibited convicted criminals from holding office, voting, or serving on juries. It also included provisions for the creation and maintenance of the Permanent University Fund and the establishment of "a University of the first class," which became The University of Texas, as well as an "Agricultural, and Mechanical department," which became Texas A&M University.
Overall, the Texas Constitution of 1845 was carefully drafted to set forth Texas law in a simple and straightforward manner. It provided a clear framework for the state's government, judiciary, and education system, and guaranteed certain rights and freedoms for its citizens.
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It was based on the newly adopted Constitution of Louisiana and the constitution drawn by the Convention of 1833
The 1845 Texas Constitution was adopted just before annexation, setting forth Texas law in a simple and straightforward manner. It was based on the newly adopted Constitution of Louisiana and the constitution drawn by the Convention of 1833.
The Convention of 1833, a political gathering of settlers of Mexican Texas, was a successor to the Convention of 1832, whose requests had been ignored by the Mexican government. Despite the political uncertainty following a recently concluded civil war, 56 delegates met in San Felipe de Austin to draft a series of petitions. The agenda of the convention largely mirrored that of its predecessor, but the delegates also agreed to pursue independent statehood for the province, which was then part of the state of Coahuila y Tejas. Under the guidance of Sam Houston, a former governor of Tennessee, a committee drafted a state constitution to submit to the Mexican Congress. The proposed constitution was largely based on US political principles but retained several Spanish customs. For instance, it forbade the English practices of primogeniture and entailment, following a change made to Spanish law in 1821. The delegates retained the traditional Spanish prohibition of seizing a debtor's physical property and extended it to forbid imprisonment as a punishment for debt, a novel idea at the time.
The 1845 Louisiana Constitution, on the other hand, reflected a distrust of the legislature and controlling institutions. It limited the powers of the legislature, prevented the creation of new banks and corporations, and limited state borrowing or stock holdings in corporations. It also established free public education for whites and removed property requirements for voting. The Louisiana Constitution was approved by voters on May 16, 1845, with 12,227 votes in favour and 1,385 against.
The 1845 Texas Constitution, like its predecessor, was carefully drafted and set forth Texas law in a clear and concise manner. It was approved by Texas voters on October 13, 1845, along with the annexation ordinance, and Texas officially became a state on December 29, 1845. This constitution was the third in Texas history, following the Mexican constitution and the 1836 Constitution of the Republic of Texas.
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The legislative department was composed of a Senate and a House of Representatives
The Texas Constitution of 1845 was written to provide for the government of Texas as a state in the United States. It was drafted with care and attention, and its simple and straightforward nature was well-received. Texas voters approved the new constitution in a referendum on October 13, 1845, and Texas officially became a state in the Union on December 29, 1845.
The legislative department, as outlined in Article III of the 1845 Constitution, was composed of a Senate and a House of Representatives. The legislative powers of the state were vested in these two distinct branches, together forming the legislature of the State of Texas. The style of all laws was to be "Be it enacted by the legislature of the State of Texas".
The Senate was to consist of between nineteen and thirty-three members, while the House of Representatives was to have between forty-five and ninety members. Representatives were required to be citizens of the United States or citizens of the Republic of Texas at the time of the constitution's adoption, inhabitants of the state for two years prior to their election, residents of the county, city, or town they represented for the last year, and at least twenty-one years of age at the time of their election. Senators had similar requirements, except they were required to have lived in the state for three years prior to their election and be at least thirty years old.
The members of the House of Representatives were chosen by qualified electors and served two-year terms, while the senators were also chosen by qualified electors but served four-year terms. The senators were divided by lot into two classes, with half of the seats in the first class being vacated at the end of the first two years and the other half in the second class being vacated at the end of four years. This ensured that one-half of the senators would be chosen biennially thereafter.
The House of Representatives, when assembled, elected a speaker and other officers, while the Senate chose a president and other officers. Each house judged the qualifications and elections of its members, and two-thirds of each house constituted a quorum to do business.
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Amendments could be proposed with a two-thirds vote of each house
The Texas Constitution of 1845 was written to provide for the government of Texas as a state in the United States. It was drafted with care and attention, and its simple, straightforward form was well-received. It was adopted just before Texas was officially admitted into the Union on December 29, 1845.
The Constitution of 1845 was almost twice as long as the previous Constitution of the Republic of Texas, which was the supreme law of Texas from 1836 to 1845. The framers of the 1845 Constitution drew heavily on the newly adopted Constitution of Louisiana and the constitution drawn up 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.
Amendments to the Constitution of 1845 could be proposed with a two-thirds vote of each house. If a majority of voters then approved the amendment, and two-thirds of both houses of the next legislature ratified it, the measure became part of the constitution. This process was only used once during the lifetime of the 1845 Constitution. The amendment was approved on January 16, 1850, and provided for the election of state officials, who had previously been appointed by the governor or legislature.
The Texas Constitution of 1845 has been the most popular of all the state's constitutions. National politicians praised its clarity, and it was accepted by the United States on the same day that Texas was admitted to the Union.
The 1845 Constitution was replaced by a new constitution in 1861, when Texas seceded from the Union to join the Confederate States.
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It was the most popular of all Texas constitutions, accepted by the US on December 29, 1845
The Texas Constitution of 1845 was the most popular of all Texas constitutions. It was adopted just before annexation, setting forth Texas law in a simple and straightforward manner. 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. 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 were required to be at least 21 years old, were elected for two-year terms. The constitution also included provisions for homestead protection, recognition of community property, and education. For example, it directed the legislature to make suitable provisions for the support and maintenance of public schools, and 10% of taxation revenue was set aside as a Permanent School Fund.
The Texas Constitution of 1845 was also notable for its straightforward and simple form, prompting many national politicians, including Daniel Webster, to remark that it was the best of all the state constitutions. On December 29, 1845, the United States accepted the Texas Constitution of 1845, and Texas was officially admitted into the Union. This was the result of a process that began on March 1, 1845, when the U.S. Congress enacted a joint resolution proposing the annexation of Texas into the United States. On June 23, 1845, the Congress of the Republic of Texas accepted the resolution and consented to President Anson Jones calling a convention, which was scheduled for July 4, 1845. The convention almost unanimously approved an ordinance agreeing to annexation, and after debating the terms, delegates adopted the Constitution of the State of Texas on August 27, 1845. Texas voters approved both the annexation ordinance and the new state constitution in a referendum held on October 13, 1845.
Overall, the Texas Constitution of 1845 was well-received and played a significant role in shaping the government and laws of the state as it officially joined the Union.
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Frequently asked questions
Texas needed a new constitution to govern the state as it was admitted to the Union on December 29, 1845.
The 1845 Texas Constitution set forth Texas law in a simple and straightforward manner. It provided for the government of Texas as a state in the United States.
The 1845 Texas Constitution was almost twice as long as the Constitution of the Republic of Texas, which was the supreme law of Texas from 1836 to 1845.
