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CONSTITUTIONS OF TEXASby
Archie P. McDonald | |
September
17 is Constitution Day all across America. On that day in 1787, delegates to the
Constitutional Convention in Philadelphia adjourned and submitted the yield of
their summer-long labor to the ratification process in thirteen loosely confederated
states.
The issue was whether the citizens of those states wanted a "more
perfect Union" or wished to continue virtually autonomous. Union prevailed, and
the result has worked pretty well for over two centuries. The Constitution has
proved so effective and elastic that changing circumstances have produced only
twenty-six permanent changes, or Amendments. By contrast, Texas has required six
constitutions of its own and existed under at least two while a part of Mexico
in less time. The first was the Mexican constitution of 1824. Except for Stephen
F. Austin's original colony, all legal colonists to Texas arrived under its promise
of "state's rights." A change, forced in part by the rise of dictator Santa Anna,
who "dictated" a new constitution in 1833 which focused power in a central government
he alone controlled, prompted the Texas Revolution.
The second meeting
of a Consultation of Texans in March 1836 produced a Declaration of Independence
and a proposed constitution for the new Republic of Texas. It resembled the US
Constitution by creating an executive branch -- president and vice president --
a bi-camerial legislative branch, and a judicial branch of government. Limiting
presidents to non-consecutive terms and prohibiting clergy from government service
were among the differences.
The Republic ended with the annexation of
Texas to the US in 1845, and this required a new constitution reflecting statehood
status. Secession and affiliation with the Confederacy required another constitution,
though this was effected by a series of amendments, and the Confederate loss four
years later necessitated reverse amending in the Reconstruction process attempted
under President Andrew Johnson's plan.
This government was unacceptable
to Radical Republicans, so Texas rejoined the Union under a radical constitution
written in 1868-1869. In some ways this was a superior constitution. It reposed
appropriate power in the governor's office and was more generous to education
than any of its predecessors. But it was anathema to the Redeemers, who wanted
to reclaim control of Texas from the Radicals.
The Redeemers regained
control of Texas in 1874. They held a constitutional convention the next year,
it was accepted, and became effective in 1876. Texas still operates under this
constitution. It is America's longest tenured state constitution and also the
most amended because its framers so restricted state government and virtually
every adjustment requires an amendment--over 400, so far, which represents less
than ten percent of those proposed in the legislature.
Nonetheless, Texans
have rejected several efforts to revise or rewrite a constitution for Texas, most
recently in the 1970s. Texas has changed a great deal over the 125-year tenure
of its constitution. Some feel that it is time for the constitution to change,
too.
All
Things Historical >
September 15-21,
2002 column
A syndicated column in over 40 East Texas newspapers
(Archie
P. McDonald is Director of the East Texas Historical Association and author or
editor of over 20 books on Texas) |
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