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texas state constitution + american federal system
| Question | Answer |
|---|---|
| new republic of texas | •The delegates of Texas met in Washington-on-the-Brazos in 1836 to sign a declaration of independence from Mexico and forge a constitution for the new republic. •The first constitution would outline the core principles of liberty, popular rule, and limite |
| constitution | document that establishes principles, powers, and responsibilities of government |
| bill of rights | formal declaration of rights of the citizen within government |
| social contract | agreement-> governed give up freedoms in return for government protections |
| two themes of constitutional gov | early anglo texans valued rugged individualism and were not inclined to give up their freedoms to government rule lightly: - individual rights, - separation of powers |
| roots of rebellion (pt.1) | spirit of texas was forged in direct reaction to tyranny from multiple governments and several overbearing rulers. - 1822: augustin de iturbide seized power from democratically chosen mexican congress. 1823: iturbide-> forced to abdicate |
| roots of rebellion (pt 2) | - following iturbide's departure, mexican constitution (1824) expanded settlement of norther Mexico territory. - "empresarios" -> regional land distrubutors-> local recruiters and leaders of fixed areas of land + people who settled there. |
| who served as empresario (ror) | stephen f austin |
| monarchy | government run by single individual-> king or queen until death or abdication |
| republic | form of government-> people rule indirectly through elected representatives |
| sovereignty | authority over political entity-> province or a state |
| separation of powers (ror) | system that vests political, judicial, and policymaking authority across different branches of gov |
| mexican constitution of 1824 (ror) | -empresarios ( like austin) -> charge of colonized territories. Mexican gov promised to protect liberty, property, and civil rights of "foreigners"-> profess Roman catholic faith. Constitution of 1824 established federal republic for nations as whole |
| texas constitution of 1827(ror) | constitution of State of Coahuila and Tejas established separation of power system for state in Mexican nation. Constitution-> 3 branches of governments. Mex. constitution (1824) and Texas consitution (1827) -> high point of liberty granted to mexican col |
| separation (ror) (pt 1) | 1935-mexican president santa anna-> took measures to centralize own power. sent vice president to exile, disbanded congress, and dissolved state legislatures. Santa anna dismissed empresarios-> also stephen f austin |
| separation (ror) (pt 2) | stephen declared mexican gov couldnt "legally deprive texans of rights without consent of people". stage for rebellion was set (march 2, 1836)-> delegates approve doc-> texas declaration of independence. |
| texas constitution of 1836 (pt 1) (ror) | written in haste and under fear of approaching mexican army. agressively voiced ideals of frontier independence-> come to dominate future political culture of state. Includes declaration of rights: freedom to worship, freedom of speech, freedom from unrea |
| texas constitution of 1836 (pt 2)n(ror) | limited role of chief executive but enhanced role of free enterprise. see hints of aversion to centralized power and an extreme distrust of executive authority. president wasnt eligible to run for re-election directly after term. |
| slavery (ror) | at time-> 1836 constitution was drafted, many texan residents presumed-> new texas republic-> join U.S.. U.S. didnt want to accept texas as state because of slavery. |
| texas constitution of 1845 (NST) | texas entered union ( december 1845) -> during presidency of James polk. Now state in union, texas needed new state constitution. constitution allowed for expansion of judicial authority and introduction of lieutenant governmment |
| texas constitution of 1861 (secession) | in response to election of Abraham Lincoln (1860)-> texas began process of secession from U.S. just 15 years after joining. Convention in Austin issued ordinance of secession and declaration of secession ( feb 1861) -> ratified by majority of counties |
| texas constitution of 1861 (secession) | sam houston (governer) refused to sign oath (required by session convention) affirming his allegiance to confederacy-> removed from office. constitution featured prominent passage granting supreme soverign rights to state |
| texas constitution of 1861 (secession) | asserts no "government or authority" can exercise power within state without consent of the people. |
| texas constitution of 1866 (readmission) | new rules for former confederate states require states to write new constitutions recognizing U.S. constitution and declaring allegiance to union. to demonstrate "paramount allegiance" to U.S. , |
| texas constitution of 1866 (readmission) | constitution of 1866 showed unsusual tendency towards centralized power. governers' powers were extended. |
| texas constitution of 1869 (reconstruction) | additional changes set by U.S. congress forced texas state leaders to draft another constitution in 1869 to meet new objectives to end. constitution extended full voting rights to african americans. |
| texas constitution of 1869 ( reconstruction) | governor allowed to appoint local officials : mayors, alderman, and district attorney-> expanded gubernatorial power considerably |
| preamble (current constitution of texas) | "humbly invoking the blessings of Almighty God, the people of the state of texas do ordain and establish this constitution." |
| texas constitution of today | rights listed up front-> stress limits upon state's powers. right of people to dismiss government among them. very similar to bill of rights. much more detailed and specific. doesnt merely mention rights; specifically defines each of them |
| texas constitution of 1876 born from reconstruction era resentment of percived overreaching power of governor david-> constitution of 1876 still in use in texas. | generally favored return to limited gov and frugality. opponent took issue with weakening role of state in immigration and education |
| texas constitution of 1876 4 key principles | popular sovereignty limited state gov through local control separation of powers personal rights and liberties |
| texas constitution of 1876 | in response to overreaching executive power under governor E.J. Davis-> powers of governship were reduced and delegates created plural executive |
| plural executive | diffusion of authority and power throughout several entities in executive branch |
| texas constitution of 1876 | separates power so that legislative, executive, and judicial branches have power to enact laws, implement laws, and interpret laws respectively. seperation of powers prevent excessive concentration in one branch. |
| constitutional amendments | original 1876 constitution has grown in length-> frequently amended. since 1876-> legislature has proposed 673 amendments, 670 have gone before texas voters. voters have approved 498 |
| texas constitution lays ground rules for gov-> can be changed through 2-step process | The Texas Legislature first passes a joint resolution proposing the amendment. A majority of Texas voters then approve the amendment in a special election. |
| texas const. amended 498 times. 4 stages to amending constitution. legislature proposes amendments, amendments must be published twice in recognized newspapers | majority of state voters must approve-> majority of those who vote; turnout usually low, thus a low number of actual votes needed |
| U.S. constitution vs Tex (differences)-> U.S const | U.S. Constitution has not been rewritten. has strong separations of powers & strong executive (Legislative, Executive, Judicial). Constitution is short - 7,400 words, with only 27 Amendments |
| U.S. const vs Tex( differences) -> Tex | state constitutions have been rewritten several times. have weak separation of powers because of a division of executive (governor’s) power among several other elected officials.TX. Constitution is very wordy - 80,000 words long, over 400 Amendments |
| U.S. constitution vs Tex (differences)-> U.S const | May change through two methods: 1. Constitutional amendment 2. Judicial interpretation through the Supreme Court Highest law of the land |
| U.S. const vs Tex( differences) -> Tex | May change through one method: Constitutional amendment May not make laws that go against the U.S. Constitution |
| U.S. constitution vs Tex (similarities) | Bicameral Legislative branch (two house congress) Vote for/elect representatives Limit the power of government Three branches of government Legislative branch makes the laws |
| U.S. constitution vs Tex (similarities) | Judicial branch contains a Supreme Court The highest elected leader is in the Executive branch. Individual rights protected in a Bill of Rights At one time, slavery was legal under both constitutions |
| U.S. const | 7 articles-> creates federal gov, supreme power of land is U.S. constitution. 50 states. U.S. gov cannot establish public schools |
| Texas const | 17 articles-> creates state gov-> any powers not given to U.S. gov must be given to state gov. 254 counties-> gives state the power to create public schools |
| U.S. const | legislative, executive, judicial ( branches), interstate relations, amending, misc. provisions, raifications-> amendments : bill of rights, other amendments |
| Texas const | bill of rights, power of Gov, legislative depart, executive depart, judical depart, suffrage, education, taxation and revenue, counties, railroads, municipal corparations |
| Texas const | private corparations, spanish and mexican land titles, public lands and land office, impeachment, general provisions, mode of amending constitution of state |