Texas Constitution of 1876 Texas Term Paper

Download this Term Paper in word format (.doc)

Note: Sample below may appear distorted but all corresponding word document files contain proper formatting

Excerpt from Term Paper:

Women, for example, only gained their right of suffrage in 1920 and Article VI of the Constitution of 1876 only gives "male persons" over the age of 21 who have "resided in Texas for at least one year" the right to vote.

Compact Theory: The compact theory holds that the formation of the Union of the United States was through a "compact" of all the States individually and the creation of the national government was believed to be a creation of the states. Hence the states were the final judge of whether the national government had overstepped the boundaries of the "compact." One of the versions of the compact theory (the unilateral compact theory) was used by the Confederate secessionists to declare their secession from the Union, which signaled the start of the Civil War (Lind, para 11). In the Texas Constitution of 1876, the compact theory is used to emphasize the rights of the state and its people while remaining within the ambit of the U.S. Constitution. Section 3 of Article I of the Constitution also talks about a "social compact" of all free men to emphasize their equal rights.

Limited Government: The concept of limited government is that all power rests in the people, and the power of a government is limited to the extent the people have chosen to share their power with it. Since the primary motivation for the framing of the 1876 Constitution were the perceived and/or real excesses of the state government, the framers of the Constitution attempted to minimize governmental excesses by carefully defining what governments could and could not do in the document. Large parts of the Constitution (Sections II through V) are devoted to prescribing specific limitations on the powers of different sections of the government. For example, Section 48 of Article II states the specific purposes for which the Legislature may levy taxes; Section 49 of the same Article limits the state debt to a limit of $200,000 only. ("Article III-Legislative Department")

Separation of Powers: The concept of "Separation of Powers" into three distinct branches of the government, i.e., the Legislature, the Executive, and the Judiciary was incorporated in the federal Constitution by the founding fathers in order to prevent abuse of powers and to prevent the majority from ruling with an iron fist. The principle was applied in the Texas Constitution of 1876 with even greater emphasis since a whole section (Article II) is devoted to the concept. Article II specifically requires the establishment of legislative, executive, and judicial branches, and explicitly prohibits the exercise of powers of more than one branch by a single individual.

Works Cited

ARTICLE III- Legislative Department: Constitution of the State of Texas (1876)." The University of Texas at Austin. March 11, 2005. July 26, 2006. http://tarlton.law.utexas.edu/constitutions/text/IART03.html

Dye, Thomas R. Politics in America. Sixth Edition, 2004. Pearson Prentice-Hall: New York

General Characteristics of the Texas Constitution." Liberal Arts Instructional Services: University of Texas at Austin. 2006. July 26, 2006. http://texaspolitics.laits.utexas.edu/html/cons/0302.html

Lind, Michael. "Do the People Rule?" New American Foundation. February 1, 2002. July 26, 2006. http://www.newamerica.net/index.cfm?pg=article&DocID=719

Preamble and Article I.: Constitution of the State of Texas (1876)." The University of Texas at Austin. March 11, 2005. July 26, 2006. http://tarlton.law.utexas.edu/constitutions/text/IART01.html

The Radical Republican Constitution of 1869." Liberal Arts Instructional Services: University of Texas at Austin. 2006. July 26, 2006. http://texaspolitics.laits.utexas.edu/html/cons/0206.html

The Texas Constitution of 1876." Texas State Library and Archives Commission. November 11, 2005. July 26, 2006. http://www.tsl.state.tx.us/treasures/constitution/index.html

The longest state constitution in the U.S. is the Alabama Constitution; Texas Constitution is the second longest.

Carpetbaggers" was the derogatory name given to northerners who came to the South the white southerners who joined or cooperated with southern Reconstruction governments were termed "scalawags."

The original 1876 Constitution consisted of 23,500 words; after the addition of Amendments, it is over 85,000 words long.

The Bill of Rights was introduced in the U.S. Constitution only as an addendum to the first amendments.

The voting right "regardless of race" was granted to all American citizens after the ratification of the fifteenth amendment to the U.S. Constitution in 1870. Hence the Texas Constitution of 1876 also granted the right to blacks.

The people of the states rather than the state government

The revision of the limit has required several times since the original…[continue]

Cite This Term Paper:

"Texas Constitution Of 1876 Texas" (2006, July 26) Retrieved December 8, 2016, from http://www.paperdue.com/essay/texas-constitution-of-1876-71162

"Texas Constitution Of 1876 Texas" 26 July 2006. Web.8 December. 2016. <http://www.paperdue.com/essay/texas-constitution-of-1876-71162>

"Texas Constitution Of 1876 Texas", 26 July 2006, Accessed.8 December. 2016, http://www.paperdue.com/essay/texas-constitution-of-1876-71162

Other Documents Pertaining To This Topic

  • Regional Characteristics of Texas Among the Fifty

    Regional Characteristics of Texas Among the fifty states which comprise the American Union as it stands today, it is perhaps Texas which has experienced the most tumultuous transition from unsettled frontier to the home of modern metropolises. While most neighboring states cling fiercely to identities forged during the Revolution, or even the Civil War, the state of Texas proudly proclaims its own superiority by flying six flags over its skies; honoring

  • Government Politics Texas A Good

    " For most this is generally seen as a reference to the Federal Judiciary. One thinks of the Warren Court, and the great number of decisions concerning civil rights, voting rights, etc. It is often not realized, however, to what an extent state judges play ar ole in shaping these issues. In many state court systems, the state system was actually more liberal than the Federal: First and foremost, state constitutions

  • Government of Texas Like All

    In the event that the amendment is approved, the amendment will take effect when the official vote canvass confirms that the proposal has received majority approval unless the terms of the amendment specify a later effective date. The canvassing procedure is required to be completed within 15 to 30 days following the election date. If the amendment is rejected by the voters the legislature has the option of resubmitting the

  • Texas Department of Insurance

    Texas Department of Insurance illustrates why and when the Texas Department of Insurance was formed and how much it has accomplished since the time it was established. This paper highlights the number of people employed by the TDI, their annual budget and their board of governors. The Texas Department Of Insurance The prime purpose of the Texas Department of Insurance is to efficiently manage files on all the insurance carriers in

  • Government Why Did the Framers

    Republicans construed Obama as suggesting government bailouts for new industries, or at the slightest a more lively federal government function in generating or supporting jobs -- concepts abominations to a lot of conservatives. The Obama campaign countered the idea as political spin that does not replicate the president's feeling or meaning, pointing to full circumstances of the quotation as confirmation (Koch, 2011). Discuss the process of how a Bill becomes a

  • Flaws in the Constitution for the State

    flaws in the Constitution for the State of Texas and also compares it with a few neighboring states that experience the same problems in implementing the Constitution and has to constantly undergo revisions of the provisions that require it. Constitution of Texas There is a never-ending debate over which amendments of the constitution of Texas need revision, either partly or completely. Legislation at state level make three kinds of mistakes when

  • 1946 Heman Sweatt an Intelligent

    Ferguson required that the decision of the lower court be affirmed. The Court agreed with Mr. Sweatt. While the University of Texas School of Law "may properly be considered one of the nation's ranking law schools," Justice Vinson wrote for the Court, such could not be said for either version of the law school for African-American students (Id. At 633). "In terms of number of the faculty, variety of


Read Full Term Paper
Copyright 2016 . All Rights Reserved