How are the governor’s powers restricted under the Texas Constitution of 1876? What led the farmers of this Constitution to take such steps to limit the executive?
The constitution of 1845 was proposed when Texas became an independent republic and joined the United States Union. It had all the laws straightforwardly and simple. It was considered to be the best state constitution of all time. But as Texas withdrew from the Union in 1861, certain amendments were made to the constitution. In 1866, the civil war came to an end. Thus, a new document was required to make certain amendments to the laws for Texas to rejoin the Federal Union. New laws were required to bring an end to slavery, and secession had to be declared illegal. It led to the creation of the post-civil war constitution of 1866. In 1869, this constitution was also invalidated as Radical Republicans got in power and imposed military governments on the Confederate States. In 1873, Democrats again got control. Hence, the Texas constitution of 1876 was drafted.
The scope and the size of the state of the government were restricted in the Texas constitution of 1876 as suggested by the delegates to the constitutional convention in Austin. Thus, the patterns that were developed in the constitution of 1845 were abandoned giving birth to a new and restrictive constitution. It restricted the authorities of all the branches of the government. The sessions of the legislature were reduced every other year to 140 days. The salary of the governor was decreased to a certain extent. The creation of the plural executive also reduced the appointment powers of the governor. This plural executive divided the appointment powers among attorney general, lieutenant governor, treasurer, land commissioner, and comptroller. This constitution also divided the courts into criminal trials and civil cases, limiting the powers of the judiciary. The constitution of 1876 is still the charter for the state of Texas (Bruff).
Work Cited
Bruff, Harold H. “Separation of Powers Under the Texas Constitution.” Texas Law Review 68.7 (1990): 1337-1367.
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