3.1: State Constitutions

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The structure of the United States Constitution, written in the summer of 1787, was influenced by the thirteen state constitutions written after independence was declared from Britain. The U.S. Constitution then provided a model for all subsequent state constitutions, including Texas. Each of the fifty states has its own constitution, which allows for the organization of the state government according to the beliefs of the people of each state, and all constitutions in the United States are based on the authority of the people—at least those with power—who live within the borders of that governing system. As discussed in chapter 2, Article 4 of the U.S. Constitution guarantees that each state that is a part of the Union has a republican government, a representative democracy based on the consent of the people to be governed under that bconstitution. While it makes no explicit mention of a constitution for the states, the implication is that the specific republican government each state has will be based on a unique constitution that it writes and ratifies for itself, and the basic outline of each state constitution is roughly based on that of the United States Constitution.

The Preamble of both the U.S. Constitution and the Texas Constitution established the basis of governing authority. The U.S. Constitution states,

We, the people of the United States . . . do ordain and establish this constitution for the United States of America.¹ (emphasis added).

The Texas Constitution echoes:

Humbly invoking the blessings of Almighty God, the people of the State of Texas, do ordain and establish this Constitution.² (emphasis added).

It should be noted of course that the phrase the people referred to those who were recognized as citizens and granted the right of suffrage (the right to vote). This was a small segment of the population initially, men who were wealthy property owners. As the nation expanded westward, however, so did notions that the common man—meaning non-property-owning White men over twenty-one—should be able to participate politically, and limits on suffrage based on wealth and property ownership were removed or not included by most states, as was the case when Texas became a state. But suffrage would be an issue in the constitutions of Texas as people of color became free after the Civil War.

State constitutions have had their impact on the United States Constitution, too, becoming practical ways to experiment with different forms of republican government, in particular the proper ways to enforce the separation of powers in a meaningful way. The importance of restraining legislative power became apparent, especially the need to restrict the legislature from becoming intertwined with the executive. The need for an independent judiciary also became important as well as granting them the power of judicial review, which allows the courts to strike down laws and executive actions that violate constitutional limitations. Not only does it help preserve the integrity of the constitution, it allows the judiciary the most effective means of protecting itself from the other two branches. In Texas, the legislative branch is bicameral with a House and Senate, just as it is on the national level. The executive branch, however is distinct. Executive power is shared among several key elected officials, creating what is called a plural executive and a notably weak governor in the state. In addition, judges are elected in Texas in partisan election, which is different from the appointment process of the national judiciary branch.

While state constitutions have the same structure as the national constitution, there are also significant differences between the two regarding policies. The greater range of policies handled by the state governments means that the state constitutions tend to be more expansive than the national constitution. This has led Texas to incorporate additional language to make the limits on governing power more explicit. Differences also lie in the subjects of most the remaining Articles. Many concerns subjects that are specific to the states, such as suffrage, education, and the formation of local governments. Others focus on issues unique to Texas, such as its approach to regulating railroads, land ownership, and the management of public lands. And unlike the United States, the territory comprising Texas has gone through a series of constitutions—nine in all—each reflecting the peculiar circumstances of that period, from Spanish law in early Texas to the 1876 constitution that governs today.

U.S. Const. prmble., https://constitutioncenter.org/inter...ution/preamble.
Tex. Const. prmble, https://tarlton.law.utexas.edu/const...-1-bill-rights.