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Chapter 2 –The Texas Constitution

Chapter 2 –The Texas Constitution. Constitutional Government. Constitution Document that establishes principles, powers, and responsibilities of government Bill of Rights A formal declaration of the rights of the citizens within government. Constitutional Government.

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Chapter 2 –The Texas Constitution

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  1. Chapter 2 –The Texas Constitution

  2. Constitutional Government • Constitution • Document that establishes principles, powers, and responsibilities of government • Bill of Rights • A formal declaration of the rights of the citizens within government

  3. Constitutional Government • Legitimacy of government rested on the consent of the governed • Social Contract • Individualism valued • Separation of powers among three branches

  4. The Roots of Rebellion and the Declaration of Independence • 1827 Constitution of the State of Coahuila and Tejas • Three branches of government • Freedom of speech • All Catholic • Limited voting rights to those who could read and employed • High point of liberty for Mexican colonists

  5. The Roots of Rebellion and the Declaration of Independence • Declaration of Independence • March 2, 1836 • Mexico abandoned the constitutional principles of the Constitution of 1824 • Compromised the republican principles of self-government and representation

  6. The 1836 Constitution of the Republic • Voiced the ideals of frontier independence • Prohibition of monopolies for businesses • Separation of powers • Most authority in legislature • Aversion to centralized power

  7. The 1836 Constitution of the Republic • Slavery • Government cannot prohibit • Emancipated slaves must leave Texas • Strong linkage to slavery prevented entrance into the United States

  8. The 1845 Constitution of the (New) State of Texas • Joining the United States • Slavery issue • Mexico threatened war • James Polk initiated Texas joining • Formal entry in December of 1845 • Needed a new state constitution

  9. The 1845 Constitution of the (New) State of Texas • Modeled after Louisiana Constitution • Similar to Constitution of 1836 • Legislative Branch • Doors of legislative building physically kept open during sessions • Legislators paid $3 each day • More muscular judicial authority • Greater access to court system

  10. The 1845 Constitution of the (New) State of Texas • Homestead Law • Came out of Constitution of 1845 • Prevents Texans from losing homes in event of bankruptcy • Settlers left creditors behind when came to Texas, did not want to lose homestead • Women allowed to own property if owned before marriage or acquired during marriage

  11. Secession, Reconstruction, and The Constitutions of 1861, 1866, and 1869 • Decade of 1860s: Constitution rewritten three times • 1861 • Confederacy Constitution • 1866 • Readmission Constitution • 1869 • Reconstruction Constitution

  12. The Constitution of 1876-The Current Constitution • Return to limited government and frugality • Principles • Popular Sovereignty • Limited Government • Separation of Powers • Personal Rights and Liberties

  13. The Constitution of 1876-The Current Constitution • Popular Sovereignty • The people rule through suffrage • Constitution extended suffrage to all males • Limited Government • Impact of government is kept as small as possible • Fragment executive branch • Plural executive • Separation of Powers • Each branch specializes • Greatest authority in Legislative Branch • Personal Rights and Liberties • Liberty, equality and freedom

  14. Amending the Constitution • Constitutional Amendments • 673 proposed since 1876 • 491 approved • Changes to state government that requires expanding state authority • Pass rate • Most amendments put to voters pass • 74 percent have passed • Low citizen participation • Legislators require voters to decide controversial issues

  15. Amending the Constitution • Four Step Process for Amendments • Two-thirds of both houses of the legislature propose an amendment • Secretary of State and Attorney General approve • Voters have final say: majority must approve • Governor finalizes the new amendment with a proclamation

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