Study Guide for Exam 4
Texas Constitution (TX Ch. 2)
A. Seven constitutions of Texas
1. Republic of Mexico's Constitution of 1824
Federalist in concept (authority between nation + states)
Spanish centralist tradition of a strong national government
2. Republic of Texas Constitution of 1836
Unitary government
Limited term of president (one 3-year term w/ prohibitions against
consecutive reelection) also prohibited from raising an army w/out
consent of congress
Freedom of religion and property rights protection, that had been absent
in the 1824 and 1827 Mexican constitutions
Slavery legalized
3. Statehood Constitution of 1845
1st Texas state constitution adopted when Texas joined Union in 1845
Reflected traditionalistic southern culture, with notable exceptions:
Women granted property rights equal to those of men, especially in
marriage—where women were given half the value of all property
acquired during the marriage (communal property). In addition, a
person's homestead was protected from forced sale to pay debts. Also
provided for limited executive authority, biennial sessions of the
legislature, and two-year terms for most officials.
4. 1861: Texas joins Confederacy
Essentially same as 1845 document, but with an added prohibition
against the emancipation of slaves, a provision to secede from the Union,
and a provision to join the Confederacy.
5. 1866: Texas rejoins Union
3rd state constitution approved as a condition for rejoining the Union
following the Civil War. Abolished slavery, nullified the ordinances of
secession, renounced the right of future secession, and repudiated the
wartime debts of the state. This constitution was short-lived and
overturned by Reconstruction acts of the U.S. Congress.
6. 1869: Reconstruction constitution or the “carpetbagger's constitution”
4th state constitution approved under supervision of the federal
government's military rule
Radical departure from past and future documents, reflected
centralization aspirations of the Republicans. Four-year term provided for
governor, also given authority to appoint most state and many local
officials. County courts abolished, much local authority and control
removed from planter class. Public schools centralized under state control
and funded with poll tax and sale of public lands. African Americans given
, right to vote, whites who participated in the “rebellion” (Civil War)
disfranchised
7. Constitution of 1876 (Current):
Reaction against the centralization tendencies of the Constitution of 1869
B. Description of the Current Texas Constitution
1. Bill of Rights
Similar to the US Bill of rights: secures freedom of speech, freedom of
religion, and the rights of the accused.
2. Legislature
Bicameral: House and Senate
House has 2-year terms (150 members)
Senate has 4-year staggered terms (31 members)
Legislature must meet every two years. Sessions are 140 days in length.
Special sessions (30 days) can only be called by governor.
3. Executive
Consists of six executive officers: (1) governor (2) lieutenant governor (3)
comptroller (4) commissioner of general land office (5) attorney general
(6) secretary of state
Only secretary of state is NOT elected.
4. Judiciary
Two highest courts: Texas Supreme Court (civil cases) and the Court of
Criminal Appeals (criminal cases)
5. Amendment procedure
Two primary methods for modifying state constitutions: (1) voter
initiatives (2) proposals from legislature. Both must be ratified by voters
Texas does NOT have voter initiatives
Texas Legislature (TX Ch. 3)
A. Structure of the Texas legislature
1. Two-house legislature: House of Representatives and Senate. House has 2-year
terms and 150 members. Senate has 4-year staggered terms and 31 members.
2. Salary is $7200, plus per diem and retirement benefits. And support for staf
3. Constituents per Senate district = 811,147. Constituents per House district =
167,637 (FROM 2010)
B. Elections
1. Formal qualifications for House and Senate
House: U.S. citizen, a registered voter, at least 21 years of age, and must
have lived in the state for at least two years and in the district they will
represent for a minimum of 12 months.
Senate: U.S. citizen, a registered voter, at least 26 years of age, and must
have been a Texas resident for at least five years and a district resident for
at least 12 months.
Texas Constitution (TX Ch. 2)
A. Seven constitutions of Texas
1. Republic of Mexico's Constitution of 1824
Federalist in concept (authority between nation + states)
Spanish centralist tradition of a strong national government
2. Republic of Texas Constitution of 1836
Unitary government
Limited term of president (one 3-year term w/ prohibitions against
consecutive reelection) also prohibited from raising an army w/out
consent of congress
Freedom of religion and property rights protection, that had been absent
in the 1824 and 1827 Mexican constitutions
Slavery legalized
3. Statehood Constitution of 1845
1st Texas state constitution adopted when Texas joined Union in 1845
Reflected traditionalistic southern culture, with notable exceptions:
Women granted property rights equal to those of men, especially in
marriage—where women were given half the value of all property
acquired during the marriage (communal property). In addition, a
person's homestead was protected from forced sale to pay debts. Also
provided for limited executive authority, biennial sessions of the
legislature, and two-year terms for most officials.
4. 1861: Texas joins Confederacy
Essentially same as 1845 document, but with an added prohibition
against the emancipation of slaves, a provision to secede from the Union,
and a provision to join the Confederacy.
5. 1866: Texas rejoins Union
3rd state constitution approved as a condition for rejoining the Union
following the Civil War. Abolished slavery, nullified the ordinances of
secession, renounced the right of future secession, and repudiated the
wartime debts of the state. This constitution was short-lived and
overturned by Reconstruction acts of the U.S. Congress.
6. 1869: Reconstruction constitution or the “carpetbagger's constitution”
4th state constitution approved under supervision of the federal
government's military rule
Radical departure from past and future documents, reflected
centralization aspirations of the Republicans. Four-year term provided for
governor, also given authority to appoint most state and many local
officials. County courts abolished, much local authority and control
removed from planter class. Public schools centralized under state control
and funded with poll tax and sale of public lands. African Americans given
, right to vote, whites who participated in the “rebellion” (Civil War)
disfranchised
7. Constitution of 1876 (Current):
Reaction against the centralization tendencies of the Constitution of 1869
B. Description of the Current Texas Constitution
1. Bill of Rights
Similar to the US Bill of rights: secures freedom of speech, freedom of
religion, and the rights of the accused.
2. Legislature
Bicameral: House and Senate
House has 2-year terms (150 members)
Senate has 4-year staggered terms (31 members)
Legislature must meet every two years. Sessions are 140 days in length.
Special sessions (30 days) can only be called by governor.
3. Executive
Consists of six executive officers: (1) governor (2) lieutenant governor (3)
comptroller (4) commissioner of general land office (5) attorney general
(6) secretary of state
Only secretary of state is NOT elected.
4. Judiciary
Two highest courts: Texas Supreme Court (civil cases) and the Court of
Criminal Appeals (criminal cases)
5. Amendment procedure
Two primary methods for modifying state constitutions: (1) voter
initiatives (2) proposals from legislature. Both must be ratified by voters
Texas does NOT have voter initiatives
Texas Legislature (TX Ch. 3)
A. Structure of the Texas legislature
1. Two-house legislature: House of Representatives and Senate. House has 2-year
terms and 150 members. Senate has 4-year staggered terms and 31 members.
2. Salary is $7200, plus per diem and retirement benefits. And support for staf
3. Constituents per Senate district = 811,147. Constituents per House district =
167,637 (FROM 2010)
B. Elections
1. Formal qualifications for House and Senate
House: U.S. citizen, a registered voter, at least 21 years of age, and must
have lived in the state for at least two years and in the district they will
represent for a minimum of 12 months.
Senate: U.S. citizen, a registered voter, at least 26 years of age, and must
have been a Texas resident for at least five years and a district resident for
at least 12 months.
