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September
17 is Constitution Day all across America. On that day in 1787, delegates
to the Constitutional Convention in Philadelphia adjourned and submitted
the yield of their summer-long labor to the ratification process in
thirteen loosely confederated states.
The issue was whether the citizens of those states wanted a "more
perfect Union" or wished to continue virtually autonomous. Union prevailed,
and the result has worked pretty well for over two centuries. The
Constitution has proved so effective and elastic that changing circumstances
have produced only twenty-six permanent changes, or Amendments. By
contrast, Texas has required six constitutions of its own and existed
under at least two while a part of Mexico in less time. The first
was the Mexican constitution of 1824. Except for Stephen F. Austin's
original colony, all legal colonists to Texas arrived under its promise
of "state's rights." A change, forced in part by the rise of dictator
Santa Anna, who "dictated" a new constitution in 1833 which focused
power in a central government he alone controlled, prompted the Texas
Revolution.
The second meeting of a Consultation of Texans in March 1836 produced
a Declaration of Independence and a proposed constitution for the
new Republic of Texas. It resembled the US Constitution by creating
an executive branch -- president and vice president -- a bi-camerial
legislative branch, and a judicial branch of government. Limiting
presidents to non-consecutive terms and prohibiting clergy from government
service were among the differences.
The Republic ended with the annexation of Texas to the US in 1845,
and this required a new constitution reflecting statehood status.
Secession and affiliation with the Confederacy required another constitution,
though this was effected by a series of amendments, and the Confederate
loss four years later necessitated reverse amending in the Reconstruction
process attempted under President Andrew Johnson's plan.
This government was unacceptable to Radical Republicans, so Texas
rejoined the Union under a radical constitution written in 1868-1869.
In some ways this was a superior constitution. It reposed appropriate
power in the governor's office and was more generous to education
than any of its predecessors. But it was anathema to the Redeemers,
who wanted to reclaim control of Texas from the Radicals.
The Redeemers regained control of Texas in 1874. They held a constitutional
convention the next year, it was accepted, and became effective in
1876. Texas still operates under this constitution. It is America's
longest tenured state constitution and also the most amended because
its framers so restricted state government and virtually every adjustment
requires an amendment--over 400, so far, which represents less than
ten percent of those proposed in the legislature.
Nonetheless, Texans have rejected several efforts to revise or rewrite
a constitution for Texas, most recently in the 1970s. Texas has changed
a great deal over the 125-year tenure of its constitution. Some feel
that it is time for the constitution to change, too.
© Archie
P. McDonald
All
Things Historical >
September
15-21, 2002 column
A syndicated column in over 40 East Texas newspapers
(Archie P. McDonald is Director of the East Texas Historical Association
and author or editor of over 20 books on Texas)
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