The Texas Constitution

Paper Summary:

This paper offers a brief description of why the Texas Constitution of 1876 was enacted. The paper discusses the characteristics and outline of the Constitution, as well as the concepts of popular sovereignty, compact theory, limited government and separation of powers. The paper discusses how critics consider it unwieldy and restrictive and have made several unsuccessful attempts to replace it, yet the document continues to survive.

Outline:
Why the Constitution of 1876 was Enacted
Characteristics & Outline of the Constitution of 1876
The Major Concepts

From the Paper:

"Texas joined the United States in 1845, following which a new Constitution was drafted that lasted until Texas seceded from the Union in 1861 at the start of the Civil War and adopted a new Constitution which prohibited the freeing of slaves besides requiring the State officials to take a pledge of loyalty to the Confederacy (Dye, 322). After the defeat of the Confederacy in the Civil War, the State adopted a new Constitution in 1866, which abolished slavery and repudiated the right of secession. However, "Radical Reconstructionists" in Washington pressured the Texans to adopt a more activist Constitution that reflected the ideals of the newly dominant Republican Party--to enfranchise blacks and to follow an activist social agenda."

Sample of Sources Used:

• "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>

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