What distinguished the Texas Constitution of 1845 from previous constitutions Quizlet

Criminal Justice in America

9th EditionChristina Dejong, Christopher E. Smith, George F Cole

105 solutions

Government in America: Elections and Updates Edition

16th EditionGeorge C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry

269 solutions

American Government

1st EditionGlen Krutz

412 solutions

American Corrections

11th EditionMichael D. Reisig, Todd R. Clear

160 solutions

Texas, like every state but Nebraska, structured its government similarly to the US government. In the 1845 constitution Texas created a government with three branches - legislative, executive, and judicial branches. The Texas Legislature was bicameral with a House of Representatives and Senate - this is where Nebraska differs in that it is the only state with a unicameral (one chamber) legislature. The 1845 constitution stipulated that voters elected the governor, lieutenant governor, and members of the legislature. This is still the case today but, unlike today, under the 1845 constitution, the governor had the power to appoint other state executive officials and members of the state judiciary, which is similar to presidential appointment powers.

As you learned in Module 4, the US Bill of Rights includes ten multifaceted amendments that cover multiple rights. The Texas Bill of Rights includes 33 distinct rights. Many of the rights found in the Texas Bill of Rights mirror those found in the US Bill of Rights. For example, Article I, Section 6 outlines religious freedoms; Article I, Section 8 outlines freedom of speech and the press; Article I, Section 9 outlines searches and seizures; Article I, Section 10 outlines the rights of accused in criminal prosecutions; and Article I, Section 23 outlines the right to keep and bear arms, to name a few. One distinction that can be made when comparing the US and Texas Bills of Rights is that, while the US Bill of Rights lumped several rights under a single amendment (First Amendment - freedom of religion, press, speech, assembly, and petition), the Texas Bill of rights breaks these down into distinct rights.

How liberties are phrased, whether negative or positive, may seem unimportant but it is an important distinction. When liberties are phrased negatively, they state what the government cannot do; when liberties are phrased positively, they state what the individual can do. For example, the First Amendment to the US Constitution states, "Congress shall make no law ... abridging the freedom of speech, ...." Key to this phrasing is, "Congress shall make no law... ." Compare the First Amendment phrasing to Article I, Section 8 of the Texas Constitution, which states, "Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for abuse of that privilege; ... ." Similarly, the Second Amendment to the US Constitution states, "... the right of the people to keep and bear arms shall not be infringed." While Article I, Section 23 of the Texas Constitution states, "Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the state; ... ."

American Government

1st EditionGlen Krutz

412 solutions

Government in America: Elections and Updates Edition

16th EditionGeorge C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry

269 solutions

American Corrections

11th EditionMichael D. Reisig, Todd R. Clear

160 solutions

Criminal Justice in America

9th EditionChristina Dejong, Christopher E. Smith, George F Cole

105 solutions

What is the significance of the Texas Constitution of 1845?

How is the Texas Constitution different from other state constitutions?

What was the one difference between the Texas and U.S. constitutions?

What was the only amendment to the 1845 Constitution of Texas?