HAPTER CHAPTER

CHAPTER 27 The Texas ConstitutionCHAPTER 28 Three Levels of Texas GovernmentCHAPTER 29 Texas Citizens, Texas Leaders

THE GOVERNMENT OF TEXAS

556 ✯ Unit 8

1824–20001824–2000

1825 1850 1875 1900

UNITED STATES

WORLD

TEXAS

1869 Reconstruction Constitution is written

1861 Texas secedes and writesConfederate Constitution

1836 Republic of Texasadopts Constitutionof 1836

1845 New state of Texasadopts Constitutionof 1845

1865 Thirteenth Amendmentabolishes slavery

1870 Fifteenth Amendment guaranteesvoting rights to African Americans

1862 Mexicans defeat Frenchforces on May 5

1902 Texas establishes a poll tax

Texasstate seal

1848 Seneca Falls conventioncalls for women’srights

1824 Constitutionof 1824governsTexas 1876 Constitution of 1876

is adopted

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The Government of Texas ✯ 557

Lawrence Ludtke, Tribute to Texas Children, Texas State Capitol

1925 1950 1975 2000

1918 Texas women win right to vote in primaries

1950 U.S. Supreme Court ordersintegration of Texas law schools

1966 Texas constitution is amended to outlaw poll tax

1989 Texas Supreme Courtorders more equalschool funding

1920 Nineteenth Amendment gives women the right to vote

1964 Civil Rights Act makesdiscrimination illegal

1917 Russians revolt anddefeat czar (emperor)

1948 United Nations adoptsUniversal Declaration of Human Rights

1957 U.S. Supreme Court ordersend of school segregation

1974 Effort to write newconstitution fails

1997 South Africa establishes a nonracial constitution

1993 Treaty establishing EuropeanUnion is ratified

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Where liberty dwellsthere is my country.

Inscription on theLone Star flag, ca.1835

558 ✯ Chapter 27

The Texas Constitution1820–1880SECTION 1 The History of the Texas Constitution

SECTION 2 Comparing Two Constitutions

SECTION 3 The Rights of Texas Citizens

1820 1840 1860 1880

VIEW THE Texas on TapeCHAPTER 27 VIDEO LESSON.

1827 Constitution of Coahuila y Tejas is ratified

1836 Constitution of the Republic of Texas is adopted

1845 Constitution of 1845 is adopted; Texas is allowed to enter the Union

1861 Constitution of 1861 declares emancipation of slaves illegal

1866 Constitution of 1866 is adopted; it is rejected by U.S. Congress

1869 Reconstruction constitution is adopted

1876 Constitution of 1876 is adopted

1824 Constitution of 1824 governs Texas

1885 poster

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The Texas Constitution ✯ 559

Before You ReadHave you ever thought about whatyour life would be like if we didnot have a constitution? Perhapsyou have experienced a situationwhere one person took over andmade all the decisions withoutlistening to anyone else’s opinion.A constitution is a written agree-ment that guarantees that nosingle person or group makes allthe decisions. Because a constitu-tion is difficult to change, govern-ment stays consistent over time.

Think about

• ways that you make your voiceheard

• the rights that you expect

• whether rules should change over time

• who should have the power to change them

As You ReadTwo documents outline how the Texas governmentshould run and the rights and responsibilities ofTexas citizens: the U.S. Constitution and theTexas Constitution. They work together to providea set of rules for the governor, state legislators,and judges to follow when making decisionsaffecting Texas citizens. Completing this graphicorganizer for Chapter 27 will help you to under-stand the similarities and differences betweenthe two constitutions.

• Copy the Venn diagram in your Texas Notebook.

• On a separate sheet of paper, take notes on theU.S. Constitution and the Texas Constitution.

• Write similarities of the two documents in theoverlapping area of the circles.

• Write differences between the documents in theareas where the circles do not overlap.

Organizing InformationU.S.

ConstitutionTexas

Constitution

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The History of the Texas Constitution

1 The History of the Texas Constitution

Why It Matters NowThe Texas Constitution is the foundation on which all our state laws and court decisions are based.

TERMS & NAMES OBJECTIVES MAIN IDEA1. Identify how the Texas Constitution

reflects the principle of federalism. 2. Identify how the Texas Constitution

reflects the principle of separation of powers.

3. Identify how the Texas Constitutionreflects the principle of checks andbalances.

Texas is part of a federal system, sothe national government has the mostauthority. However, Texans also mustfollow the laws set forth in the TexasConstitution.

Imagine that you are one of the delegates who has been asked to writea constitution for the state of Texas. Your document will be used to setup a system of state government, create state laws, and establish therights and responsibilities of Texas citizens. What might you want toinclude in your constitution?

Rules for the GovernmentCountries and states have constitutions. These documents set forth

the responsibilities of the governments and place limits on the govern-ments’ powers. A constitution spells out what a government must do,what it may do, and what it cannot do. It may explain the responsibilitiesof several levels of government. For instance, a state constitution mayestablish rules for counties and cities.

In the United States the national Constitution specifies the powers ofthe federal government and leaves all other powers to the states or to thepeople. Individual state constitutions tell how each state government isto be run. However, they must also follow the law of the land—theConstitution of the United States.

Texas’s First ConstitutionBecause of its history, Texas has had several

constitutions. The first was the Mexican Con-stitution, adopted in 1824 while Texas was stillpart of Mexico. That document combined thetwo Spanish provinces of Texas and Coahuilainto a single state, Coahuila y Tejas.

Write your response to Interact with History in your Texas Notebook.

WHAT Would You Do?

constitution, community prop-erty, bicameral, three branchesof government, legislativebranch, executive branch,judicial branch, checks and balances, federalism,homestead, ConstitutionalConvention of 1875

560 ✯ Chapter 27

Who designed the first LoneStar flag? Some believe it wasJoanna Troutman of Georgia.Troutman’s flag displayed ablue, five-pointed star on awhite background with thewords “Liberty or Death” onone side. On the other sidewere the words “Where libertydwells there ismy country” inLatin. Troutman’sflag was first car-ried by Georgiatroops who wentto the aid ofTexas in 1835.

THE BETSY ROSSOF TEXAS

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In 1827 the state constitution for Coahuila y Tejas wasapproved. Like the national constitution of 1824, it was written inSpanish, which not many Anglo Texans understood. Also, becausethere were so few Anglo Texans, they played only a small role inwriting the document. Nevertheless, Anglo Texans did receive somebenefits under this constitution. They did not have to serve in theMexican army, and they did not have to pay taxes or customs duties.

The Constitution of 1836When Texas won its independence from Mexico in 1836, the

Constitution of Coahuila y Tejas was no longer Texas’s constitution.However, parts of that constitution have been passed down through thegenerations. They are reflected in current laws that address personal prop-erty, land ownership, water rights, and community property. For manyyears, married Texan women benefited from the state’s community prop-erty laws, which provided them fairer treatment than married womenreceived in many other states.

In 1836 the Constitution of the Republic of Texas was adopted. Thisdocument remained in effect for the nine years that Texas was a republic.The framework of the 1836 constitution was very similar to that of theConstitution of the United States. Most of the writers of the Constitutionof the Republic of Texas were from the southern part of the United States.Therefore, the Texas Constitution was also very much like the constitu-tions of several other southern states.

The 1836 constitution had some important features. It called for abicameral legislature. It required that the legislature and the president ofthe Republic be elected rather than appointed. The Texas president, likethe president of the United States, was given the power to appoint a cabi-net. This cabinet would be made up of a secretary of state, a secretary ofthe treasury, and an attorney general. The cabinet also would include aperson who managed public accounts, called a comptroller, and a commis-sioner of the General Land Office. Even though they are no longer calledcabinet positions, these state offices still exist today. The 1836 constitutionalso provided for a secretary of war and a secretary of the navy.These officeswere discontinued when Texas joined the United States.

community property propertythat is shared by a marriedcouplebicameral two legislative cham-bers, such as a senate and a houseof representatives

On March 1, 1836, 59 delegatesmet in this building at Washington-on-the-Brazos. They wrote Texas’sDeclaration of Independence andconstitution. Shortly after signingthe constitution, the delegates fledin fear of Santa Anna’s approachingarmy. ● Why do you think Santa Annawanted to capture the delegates tothe Constitutional Convention?

▲

The French Legation in Austin wasestablished in 1840 for AlphonseDubois de Saligny (al•FAHNSdoo•BWAH duh sahl•ee•NYEE), whorepresented the nation of France tothe Texas Republic. As an independ-ent nation, Texas needed a secretaryof state and diplomats to establishrelationships with other countries.● Why do you think the state of Texasstill has a secretary of state today?

▲

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Three Branches of State GovernmentTexas’s Constitution of 1836 also created three separate branches of

government: legislative, executive, and judicial. Each branch had its ownresponsibilities. This division of government was known as a separationof powers. Under this system the legislative branch made the laws and setthe budget. The executive branch enforced the laws. It also recommendedpeople for government posts, which the legislature could approve or deny.The president, as head of the executive branch, could veto laws passed bythe legislature. The judicial branch interpreted the laws and ran the courts.

The three branches of government were structured to be a system ofchecks and balances. This kept any one branch from having too muchpower. For example, the president could veto laws, but the legislaturecould override the veto with a two-thirds majority. The president couldappoint people to some posts, but the legislature had to approve eachappointment. The judicial system could decide whether the other twobranches had acted within the law. Judges, in turn, could be impeached,or removed from office, by the legislature for behaving irresponsibly orbreaking the law.

Today, Texas’s chief executive is a governor rather than a president.However, the separation of powers and system of checks and balancesestablished in 1836 still exist in the Texas Constitution.

Constitutions of 1845, 1861, 1866, and 1869Two things happened when Texas joined the United States. First,

Texans became subject to the Constitution of the United States, whichis based on federalism. Second, Texans had to write a state constitutionbefore the state could be admitted to the Union. The result was theConstitution of 1845. It guaranteed property rights for married womenand set up a permanent school fund. It also protected private homesteadsfrom being taken in order to pay debts. These provisions are still in ourconstitution. Certain other provisions no longer remain, however, suchas the right to own slaves.

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Not everyone was happy withthe Texas Constitution of 1836.Greenbury Logan had worked asa blacksmith in Austin’s colonyuntil he lost his arm in theTexas Revolution. Like all otherfree African Americans, he was required by the Consti-tution of 1836 to petition theTexas Congress to be allowed to remain in the Republic.Although 23 well-known Texanssigned his petition, he com-plained that the Constitution of1836 deprived him of “everyprivilege dear to a freeman”and gave him “no vote or say inany way.” ● Why do you thinksome Texans were concernedabout having free AfricanAmericans in the state?

Greenbury Logan

federalism system in which a central (or federal) govern-ment shares power with stategovernments

homestead a person’s primaryhome

BRANCHES OF STATE GOVERNMENT

State Government

Executive JudicialLegislative

Enforces the Laws Interprets the LawsMakes the Laws

Governor,Executive Officers

and AgenciesCourt SystemSenateHouse

The Texas government is made up of three branches, each with a separate set of powers andresponsibilities. ● To which branch of state government do your state representatives belong?▲

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When the Civil War broke out, Texas seceded from the Union. As aresult, the state constitution had to be rewritten. The Constitution of1861 was very similar to the Constitution of 1845. However, it furtherprotected slavery and made setting slaves free against the law.

The end of the Civil War required Texans to write still anotherconstitution so that Texas could rejoin the United States. TheConstitution of 1866 was in effect for less than three years before theReconstruction government rewrote it.

The Constitution of 1869 gave the governor a great deal of power,including the power to appoint people to fill empty city, county, anddistrict offices. The governor also could appoint judges, but they had tobe approved by the state legislature. The Constitution of 1869 pleasedthe Reconstruction government. However, most Texans disliked it. By1874 state government was back in the hands of Texans. They decidedto write a new state constitution.

Writing a New Constitution for TexasTo draft their new constitution, Texans held the Constitutional

Convention of 1875. Of the 90 members of the Convention, only fourhad been born in Texas, while 19 were from Tennessee. Several hadserved in the legislatures of their home states, and a few had served inthe U.S. Congress or the Confederate Congress. Texas was a rural state,so most of the men who helped write the new constitution were farmers.No women participated in the Constitutional Convention because theywere not yet allowed to vote. The constitution that was written andadopted by Texans in 1876 is still in effect today.


Ten African American dele-gates to the ConstitutionalConvention of 1868–69 helpedwrite a constitution that pro-tected their civil rights. Only sixAfrican Americans were electedto the Constitutional Con-vention of 1875. This meansthat fewer than 7 percent of the 90 delegates elected to the Convention were AfricanAmerican. ● Why was it impor-tant for minorities to partici-pate in framing the TexasConstitution?

African AmericanDelegates

Terms & NamesIdentify:• constitution• community

property• bicameral• three branches

of government• checks and

balances• federalism• homestead• Constitutional

Convention of 1875

Organizing InformationUse a diagram like the onebelow to show the threebranches of government setup by the Texas Constitu-tion. In each circle, writethe responsibilities of thatbranch.

Then, beside the arrows,write how the branches actas checks and balances foreach other. How might youshow the relationship of thefederal government to thethree branches of stategovernment in this diagram?

Critical Thinking1. How does the Texas

Constitution reflect theprinciple of federalism?

2. How did the framers ofthe Texas Constitution of1836 ensure a separationof powers in state govern-ment? Be specific.

3. Why do you think theframers of the TexasConstitution wanted toestablish a system ofchecks and balances?

Interact with HistoryReview your response toInteract with History in yourTexas Notebook. Considerthat you have never helpedcreate a constitution before.Will you use a model of somekind as a guide? If so, whatmodel will you follow? Why?

A C T I V I T YGovernment As a class, discuss how “Rock, Paper, Scissors” is similar to and different from the system of checks

and balances. How might you play a similar game called “The Three Branches of Government”?

1

Executive

Legislative Judicial

TEXAS GOVERNMENT

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The Texas ConstitutionHumbly invoking the blessings of Almighty God, the people of the

State of Texas, do ordain and establish this Constitution. . . .

Article 1 Bill of RightsSection 2 All political power is inherent in the people . . . . The faith of

the people of Texas stands pledged to the preservation of a republican formof government, and, subject to this limitation only, they have at all times theinalienable right to alter, reform or abolish their government in such manneras they may think expedient.

Article 2 The Powers of GovernmentSection 1 The powers of the Government of the State of Texas shall be

divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: Those which are Legislative toone; those which are Executive to another, and those which are Judicial to another; and no person, or collection of persons, being of one of thesedepartments, shall exercise any power properly attached to either of theothers, except in the instances herein expressly permitted.

Article 3 Legislative DepartmentSection 1 The Legislative power of this state shall be vested in a

Senate and House of Representatives, which together shall be styled “The Legislature of the State of Texas.”

Section 2 The Senate shall consist of thirty-one members. The Houseof Representatives shall consist of 150 members. (Amended Nov. 2, 1999.)

Section 3 The Senators shall be chosen by the qualified voters for theterm of four years; but a new Senate shall be chosen after every apportion-ment, and the Senators elected after each apportionment shall be dividedby lot into two classes. . . . (Amended Nov. 8, 1966, and Nov. 2, 1999.)

Section 4 The Members of the House of Representatives shall be chosenby the qualified voters for the term of two years. . . . (Amended Nov. 8, 1966,and Nov. 2, 1999.)

Section 6 No person shall be a Senator, unless he be a citizen of theUnited States, and, at the time of his election a qualified voter of this

State, and shall have been a resident of this State five years nextpreceding his election, and the last year thereof a resident of the

district for which he shall be chosen, and shall have attained theage of twenty-six years. (Amended Nov. 2, 1999.)

Section 7 No person shall be a Representative, unless he be a citi-zen of the United States, and, at the time of his election, a qualified voter

Since gaining independ-ence from Mexico in 1836,Texas has been governed

by six constitutions. Our current constitution isthe Constitution of 1876,

which was written during the ConstitutionalConvention of 1875 andadopted on February 15,

1876. Although manyamendments have beenadded over the years,

the Constitution of 1876remains the basic

law of Texas.

564 ✯ Chapter 27

Wooden gavel

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Learning About the AuthorsThe delegates to theConstitutional Convention of1875 came from opposingpolitical parties and differentbackgrounds. Seventy-fivemembers were Democrats;15 were Republicans. Onemember had helped writethe Constitution of 1845,eight had been members ofthe Secession Convention of 1861, and one hadattended the ConstitutionalConvention of 1866. About40 were members of an agricultural organizationcalled the Grange. Severalhad been officers in theConfederate army, and threehad served in the U.S. Army.

Reading the LiteratureBefore you begin reading,read the headings in theexcerpt. Notice how thedocument is organized. Predict what you will readabout. As you read, look for a pattern.

Thinking About the LiteratureWhy do you think it was im-portant to include Article 2in the constitution?

Writing About the LiteratureIn your Texas Notebook,create a chart to comparethe requirements for thestate offices of senator, rep-resentative, and governor.Then write a paragraphdiscussing what they have in common.

PRIMARY SOURCEHISTORICAL DOCUMENT

of this State, and shallhave been a resident ofthis State two years nextpreceding his election, thelast year thereof a residentof the district for which heshall be chosen, and shallhave attained the age oftwenty-one years. . . .(Amended Nov. 2, 1999.)

Article 4 Executive DepartmentSection 1 The Executive Department of the State shall consist of a

Governor, who shall be the Chief Executive Officer of the State, a LieutenantGovernor, Secretary of State, Comptroller of Public Accounts, Commissionerof the General Land Office, and Attorney General. (Amended Nov. 7, 1995.)

Section 2 All the above officers of the Executive Department (exceptSecretary of State) shall be elected by the qualified voters of the State atthe time and places of election for members of the Legislature. . . .

Section 4 The Governor elected at the general election in 1974, andthereafter, shall be installed on the first Tuesday after the organization of the Legislature, or as soon thereafter as practicable, and shall hold his office for the term of four years, or until his successor shall be dulyinstalled. He shall be at least thirty years of age, a citizen of the UnitedStates, and shall have resided in this State at least five years immediatelypreceding his election. . . . (Amended Nov. 7, 1972.)

Section 7 He shall be Commander-in-Chief of the military forces of theState, except when they are called into actual service of the United States.He shall have power to call forth the militia to execute the laws of the State,to suppress insurrections, and to repel invasions. (Amended Nov. 2, 1999.)

Article 5 Judicial DepartmentSection 1 The judicial power of this State shall be vested in one

Supreme Court, in one Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided bylaw. . . . (Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.)

Section 10 In the trial of all causes in the District Courts, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury. . . .

Signatures on Constitution of 1876

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Comparing InformationLEARNING the SkillComparing information means look-ing for the similarities between twothings or ideas. For example, youmight read that the state of Texascovers a large area. However, youwould have a better idea of the sizeof the state if you were to read thatTexas is as large as New York, Penn-sylvania, Ohio, Illinois, and all theNew England states combined. Bycomparing the size of the state ofTexas with the sizes of other states,you have a picture of just how mucharea Texas covers.

To understand why a historicalevent took place, it is helpful tocompare it with other events.Historians often compare ideas,people, and places. However, not allcomparisons are directly stated. Insuch cases, it is important for you toknow how to compare information.

To compare information, use thefollowing steps:

• Identify the purpose of yourcomparison. What question do youwant to answer?

• Determine the characteristics thatyou want to compare.

• For each characteristic, note thesimilarities between the items youare comparing.

• On the basis of the similarities thatyou identified, draw conclusionsabout the two items that you arecomparing.

• Use these conclusions to answeryour initial question.

570 ✯ Chapter 27

PRACTICING the SkillRead the following excerpt from Section 2, Comparing TwoConstitutions. Use the steps in Learning the Skill and the questions that follow to compare the functions of the U.S. and TexasConstitutions.

Two constitutions control the government of Texas. Underfederalism, the Constitution of the United States tells whatpowers belong to the federal government and what powersare given to individual states. It sets out the structure of thefederal government and details the limits of power for boththe federal and state governments. The Texas Constitutiondefines the role of our state government and lays out therights and responsibilities of Texas citizens. The TexasConstitution is the highest law of our state. It is subjectonly to the Constitution of the United States and federallaws.

1. What is the purpose of your comparison?

2. What similarities exist between the functions of the U.S. andTexas Constitutions?

3. Which document holds more authority over the Texas government?

APPLYING the SkillReview Sections 1 and 2 of Chapter 27. Note the provisions of theConstitutions of 1836, 1845, and 1876 discussed in thesesections. Create a chart that summarizes the similarities betweenthese three Texas Constitutions. What conclusions can you drawfrom these similarities?

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The Rights of Texas Citizens3 The Rights of Texas Citizens


Why It Matters NowLearning more about the TexasConstitution helps you know whatrights are guaranteed to you as a Texan.

TERMS & NAMES OBJECTIVES MAIN IDEAamendment, Bill of Rights,equal rights, rule by thepeople

1. Identify the influence of ideas from theU.S. Constitution on the TexasConstitution.

2. Identify how the Texas Constitution reflectsthe principle of individual rights.

3. Identify how the Texas Constitution reflectsthe principle of popular sovereignty.

Texans enjoy the same rights andfreedoms as other citizens of theUnited States. Our freedoms arespelled out in more detail in theTexas Constitution than in the U.S.Constitution.

Write your response to Interact with History in your Texas Notebook.

WHAT Would You Do?

Bill of Rights part of the U.S.and Texas Constitutions thatestablishes individual rights offreedom, press, speech, religion,and assembly

Imagine that you have been chosen to help write a new bill of rights forTexas. Your goal is to include all rights that a government should guaran-tee to its citizens. In your bill of rights, what rights should be included?What types of guarantees should not be in the bill of rights? Why?

The Bill of RightsThe first ten amendments to the U.S. Constitution are called the Bill

of Rights. Some of the rights in the Bill of Rights are freedom of speech,freedom of the press, freedom of religion, the right of assembly, and theright to bear arms. Other rights are freedom from unlawful search andseizure of property and the right to a quick and fair trial by jury.

The Constitutional Convention that wrote the U.S. Constitution in1787 did not include a bill of rights. Some citizens feared that the govern-ment might take away the rights they had fought so hard to win. Congresschanged the Constitution to include the Bill of Rights, protecting individ-ual rights. Then the necessary three-quarters of the states ratified theamendments, making them law.

Our nation’s Bill of Rights contains a clause that reserves to the statesany powers that the Constitution does not give to the federal government.Many of the powers claimed by the states are granted through this clause.

A Texas Bill of RightsThe authors of the Texas Constitution followed the U.S. Bill of

Rights when they drafted their own Bill of Rights. The Texas Bill ofRights became Article 1 of the Texas Constitution. Like the rest of theTexas Constitution, the Bill of Rights is more specific than the U.S.document on which it was based.

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In the early 1900s, lawyerHortense Sparks Ward ofMatagorda County becamethe first woman to prac-tice law in Texas. Sheused her knowledge ofthe legal code to fightfor women’s rightslegislation. In 1918,as president of theHouston Equal SuffrageAssociation, Ward be-came the first woman inHarris County to registerto vote. About 386,000more women registered to votein just over two weeks’ time. ● How do you think having awoman fighting for women’srights helped the cause?

Hortense SparksWard

572 ✯ Chapter 27

The U.S. Constitution does not always clearly state the full extent of acitizen’s rights or freedoms. The Supreme Court has determined that theseguarantees, though not stated, are implied. Often the wording of the U.S.Constitution is fairly general. This fact has created a lot of work for theSupreme Court, which has to decide what the framers of the Constitutionreally meant. The wording of the Texas Constitution, in contrast, is quitespecific in many places. Because of this detailed language, Texans have hadto make changes to their constitution hundreds of times.

A Question of Equal RightsSometimes the U.S. Constitution has to be changed as well.

For example, the U.S. Bill of Rights does not guarantee equalrights for all people. The framers of the U.S. Constitution didnot promise such rights because they would have been opposedby people in slave states in 1787.

Since that time, lawmakers have worked to ensure equalrights for all. The Thirteenth, Fourteenth, Fifteenth, andNineteenth Amendments guaranteed freedom, voting rights,and equal protection under the law to women and minorities.

No amendment, however, has outlawed bias on the basis ofgender. An amendment that would have guaranteed equal rights

for women was passed by Congress in 1972. However, it was notratified by three-fourths of the states, as required by law.

Similarly, rights guaranteed in the Texas Constitution first applied onlyto “free men.” In 1971 the document was changed to give rights to allpeople. Now it states, “Equality under the law shall not be denied orabridged because of sex, race, color, creed, or national origin.”

COMPARISON OF U.S. AND TEXAS BILLS OF RIGHTSTEXAS BILL OF RIGHTS SECTION OF ARTICLE 1

U.S. BILL OF RIGHTSAMENDMENT

1. Freedom of speech, religion, thepress, and politics

2. Right to bear arms3. Forced housing of troops in private

homes

4. Search and seizure5. Rights of the accused6. Right to a speedy, public trial7. Trial by jury in civil cases8. Limits on fines and punishments9. Rights of the people

10. Powers of the states and people

16. Bills of attainder; retroactive laws; contracts17. Property for public use; immunities; control of

priviledges and franchises

18. Imprisonment for debt19. Depriving of basic rights; due course of law20. Outlawry or transportation for offense21. Corruption of blood; forteiture; suicides22. Treason23. Right to keep and bear arms24. Military subordinate to civil authority25. Quartering soldiers26. Perpetuities and monopolies27. Right of assembly; petitions28. Suspension of laws29. Bill of Rights forever inviolate30. Rights of crime victims31. Compensation of crime victims

1. Freedom and independence2. Republican form of government3. Equal rights3a. Equality under the law4. Religious tests5. Witnesses and their religious beliefs6. Freedom of worship7. Appropriations for religious purposes8. Freedom of speech and the press; libel9. Searches and seizures

10. Rights of the accused11. Bail12. Habeas corpus (right to a court hearing)13. Limits on bail, fines, and punishments14. Double jeopardy (cannot be tried twice)

15. Right of trial by jury15a. Commitment of persons of unsound mind

Although the Texas Bill of Rights isbased on the U.S. Bill of Rights, it ismuch more detailed in its descriptionsof the rights of Texas’s citizens. ● Whydo you think some of the rights and free-doms in these two documents are thesame?

▲

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Why not solve the problems of the Texas Constitution bywriting a new document withmore general wording? In1973 a constitutional revisioncommission drafted a newconstitution. The 63rd legis-lature met as a ConstitutionalConvention in 1974 but couldnot agree on a new document.In 1999 Senator Bill Ratliffand Representative Rob Junellproposed a revision, but it toofailed. Until Texans can agreeon a rewritten document, the1876 version will remain ineffect.

A NEW TEXASCONSTITUTION

Terms & NamesIdentify:• amendment• Bill of Rights• equal rights• rule by the

people

Do you think the Texaslegislature generally supportsor opposes changing thestate constitution? Explain.

Critical Thinking1. How is the Bill of Rights

of the Texas Constitutionsimilar to and differentfrom the Bill of Rights of the U.S. Constitution?

2. How does the TexasConstitution reflectindividual rights?

Organizing InformationUse a flowchart like the one shown to list the stepsinvolved in adding anamendment to the Texasstate constitution.

3. How did the framers ofthe Texas Constitution try to ensure that thepeople’s will would befollowed in Texas?

Interact with HistoryAt some point in the future,someone will attempt tochange your constitution.Will you make it difficult or easy to change theconstitution? Why?

A C T I V I T YCitizenship In a brief essay, describe the importance of free speech and free press in a democratic society such as

Texas and the United States.

3

TEXAS VOICES

Changing the ConstitutionThe U.S. Constitution uses very general language to direct the oper-

ation of our government. It has been amended only 27 times in morethan 200 years. In contrast, the Texas Constitution has been amendednearly 400 times since it was adopted in 1876.

A proposal to change our state constitution must first be presented tothe state legislature. Then both houses of the legislature must approve theamendment by at least a two-thirds majority. Finally, the new amendmentmust be approved by a majority of Texas voters. Changing the constitutionover and over again leads to many costly and time-consuming votes. Also,amendments have made the Texas Constitution very long and confusing,even to lawyers and state officials.

In my opinion, the Constitution is almost impossible to read and grasp a fulland understandable meaning. Most attorneys can’t follow it closely nor canmembers of the legislature. Laypersons are left generally without a clue.

John T. Montford, former Texas senator from Lubbock

Why was the Texas Constitution written this way? The men who wroteit wanted the people to decide how government was to be run. Theywanted the people to be able to vote on new laws, tax increases, and nearlyevery other aspect of government. This is the principle of rule by thepeople. Almost 400 amendments later, Texans have proven that they willcontinue to use their power to change their government—and theirconstitution—to serve them better.

Person or group wants tochange the Texas Constitution

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574 ✯ Chapter 27

Over time, Texas changedin many ways, making itnecessary to write severalnew constitutions. Today,Texas operates under theTexas Constitution of 1876.

When Texas declaredits independence from Mexico in1836, it created itsown constitution. This constitution was based on the U.S. Constitution and Bill of Rights.

TERMS & NAMESExplain the significance of each of thefollowing:1. three branches of government2. checks and balances 3. Constitutional Convention

of 18764. Congress5. Texas Constitution of 18766. Bill of Rights7. equal rights8. rule by the people

REVIEW QUESTIONSThe History of the TexasConstitution (pages 560–563)1. From which constitution did

the 1836 Texas Constitutionborrow its foundation?

2. On what three main principlesis Texas’s current constitutionbased?

Comparing Two Constitutions (pages 566–569)3. What two documents control

the government of Texas? 4. Why is the Texas legislature

limited to one session of 140 days every two years?

The Rights of Texas Citizens (pages 571–573)5. Why do you think Texans

wanted a bill of rights in their constitution?

6. How do you think a newamendment to the U.S.Constitution might affect our Texas Constitution?

READING SOCIAL STUDIESAfter You ReadReview your completed Venndiagram. What similarities betweenthe two constitutions did you note?Use the information in your com-pleted diagram to summarize thesimilarities between the U.S. andTexas Constitutions. Why do youthink that these similarities exist?

CRITICAL THINKINGDrawing Conclusions1. Why do you think the Texas

Constitution no longer providesfor a secretary of war or asecretary of the navy?

Making Predictions2. Should U.S. lawmakers be

required to balance the federalbudget each year? Describeone positive and one negativeresult that might come fromsuch a requirement.

Summarizing3. Briefly summarize the types of

rights guaranteed in the TexasConstitution’s Bill of Rights.

Drawing Conclusions4. Which of the rights guaranteed

to all Texans under the Bill ofRights of the Texas Constitutionis the most important to youtoday? Which do you think willbe most important to you in 10years? Why?

U.S. Constitution Texas Constitution

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MAP & GEOGRAPHY SKILLSApplying Skills

Locate your county on the map below. Then answer thequestions that follow, researching answers as needed.

1. Who are your state senators? What party or partiesdo they represent?

2. What are the names of your state representatives?What party or parties do they represent?

3. How far do your appointed state officials travel to work in our state capital? What issues doesdistance create in a state as large as ours?

SOCIAL STUDIES SKILLBUILDERComparing InformationReread Section 3, The Rights of Texas Citizens. Next,copy the chart below. Then compare the U.S. andTexas Bills of Rights by placing a check mark in theappropriate column to indicate whether each docu-ment guarantees the rights listed. Then answer thequestions that follow.

1. What is the purpose of your comparison? Whatquestion are you trying to answer?

2. What similarities exist between the U.S. and TexasBills of Rights?

3. What conclusions can you draw about the similari-ties between the Bills of Rights?

CHAPTER PROJECTU.S. Powers vs. Texas Powers Texas is part

of a federal system. This means that the U.S. govern-ment has certain powers and the state government has other powers. Some powers, such as the right tocollect taxes, are shared by both levels of government.Draw a Venn diagram in your Texas Notebook. Labelone circle U.S. Powers. Label the other circle TexasPowers. Then label the overlapping portion of thecircles Shared Powers. Research and list politicalpowers appropriate to all three sections of thediagram. Review your findings as a class and, ongraph paper, make any necessary changes to a class Venn diagram. Display the class Venn diagram while studying this unit.

SCIENCE, TECHNOLOGY & SOCIETY ACTIVITYMeeting of the Minds Because Texas is

such a large state, some state legislators must travelhundreds of miles to participate in legislative sessions.Teleconferencing might solve some of these problems,but it also might create others. As a class, meet in thecenter of the classroom and discuss a current eventstopic related to Texas. After five minutes, break upinto four groups, one group located in each corner ofthe classroom and facing the wall. Simulate telecon-ferencing between groups by talking across the room.Which of the two practices do you think is more usefulfor the state legislature? Why? Create a list of rulesthat will make communication easier for each method.

CITIZENSHIP ACTIVITYSimplifying the Bill of Rights Many Texansfind the language of the Texas Constitution

complex and difficult to read. Rewrite a section ofArticle 1, the Bill of Rights, in your own words. As aclass, compile all individual students’ sections into an“Easy-to-Read Texas Bill of Rights” and publish it usingword processing or desktop publishing software. Put a copy of the document in your school library.

SCIEN

CE

•TECHNOLOGY

•SO

CIETY

Austin

0 200 Miles

300 Kilometers0

N

RELIGIOUS FREEDOM EQUAL RIGHTSBILL OF RIGHTS

United States

Texas

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