This document outlines the various constitutions that governed Texas over time, including under Mexican rule, as the Republic of Texas, after joining the US in 1845, during the Confederacy in 1861, and subsequent revisions in 1866, 1869, 1876, and questions around potential future revisions. Key points include that Texas was initially governed under the Mexican constitution of 1827 after independence, the 1845 constitution allowed slavery and joined as a slave state, the 1861 constitution strengthened slaveholder rights when joining the Confederacy, and later revisions grappled with Reconstruction and balancing business and agricultural interests.

1. TEXAS CONSTITUTIONS
Mexico
US
Confederate States of America
United States of America

2. Tejas
• Federal Constitution of the
United States of America
(1824)
• Federalism
• Separation of powers
• Mandated states to write
constututions
• Catholicism state religion
• Constitution of Coahuila E
Tejas (1827)
• The Federal Constitution of the
United Mexican States (1824)
required each state to draft its
own constitution. The state of
Coahuila and the former Spanish
province of Texas were combined
as the state of Coahuila and
Texas and the state’s constitution
was promulgated in 1827.

3. Republic of Texas
• Hastily drafted constitution promulgated during the Texas
Revolution
• Influenced by constitutions of the USA, Mexico, C&T
• Legalized slavery in Texas

4. Constitution of 1845
• Texas was admitted to the USA and required to write a new
constitution
• Considered by many to be one of the best state constitutions
• Texas joined the USA as a slave state
• Texas Constitution of 1845 explicitly authorizes slavery and prohibits
emancipation without owners' consent and remuneration

5. Constitution of 1861
• Texas succeeded from the USA and joined with the Confederate
States of America
• Minor changes switching allegiance from USA to CSA
• Strengthened rights of slaveholders
• Required state approval for owners to free slaves
• CSA lost the Civil War
• Under Presidential reconstruction, Texans returned home and
exercised their political rights. Black codes.
• Radical Republicans demanded more punitive reconstruction:
states were required to ratify the 13th, 14th, and 15th Amendments;
repudiate all actions undertaken by CSA, occupation forces;
Congressional approval.

6. Constitution of 1866
• Congress did not approve this constitution.

7. Constitution of 1869
• New constitutional convention was called
• Deliberartions were long and complex and ultimately the
delegates could not reach agreemet
• Occupation military published the incompleted document as new
constitution
• Strengthened governing powers
• Business interest dominated agricultural intertests
• Very unpopular among Texans because it was completer under
occupation

8. Constitution of 1876
• Traditional elites allowed to participate
• The Texas Grange was very influential (agrarian interests)
• Weak governor (no more E.J. Davis types) Plural Executive
• Part time “citizen legislature” low pay, 140-day biennial sessions
• Judges elected in partisan elections
• Balanced budget requirement
• Long, convoluted, heavily amended

9. Constitutional Revision?
• Do we need a new constitution?
• Why or why not?
• Who would decide delegate selection?
• Can a Constututional convention throw out the old and create the
new?
• Should we use random selection of delegates?
• Direct Democracy; crowdocracy; deliberative polling, sortition?