Except for the United States Constitution, the Texas Constitution of 1876 serves as the supreme law of Texas. The modern constitution of 1876 has now been in force for nearly one hundred and forty years. It is the sixth Constitution adopted since Texas gained independence from Mexico in 1836. The Constitution delegates and assigns powers to the legislative, judicial, and executive branches of our Texas government. Although the Constitution gives the Texas government authoritarian power, it imposes limits on that power by distributing it among the three branches. Although the 1876 Constitution is still in effect today, major reforms are needed to help efficiently govern Texas' growing population. The Texas Constitution of 1876 has few strong points. However, it provides the fundamental structure for the democratic government of Texas. The governor, EJ Davis, before the 1876 Constitution, caused tension in Texas when he enacted martial law to help enforce his decrees (Moneyhon). Davis and his administration were not popular and assumed great control over political matters. Dissatisfied with the Second Reconstructive Constitution of 1869, the Democrats elected ninety delegates, eighty-three of whom actually attended the constitutional convention. About half of the delegates were members of the Texas Grange, a farmers' organization, these members brought their vision of a rigorous economy into the revision of the Constitution of 1869 (Ericson). Democrats made sure to implement broad revisions that clearly defined the governmental powers of the state of Texas (Ericson). The delegates continued to limit the role of government influence, and as a result the new constitution contributed to lowering the government's flexibility in enacting laws, passing bills, and adopting resolutions. The Texas Constitution of 1876 has such strengths as limiting the role of government in citizens' affairs and defining clear boundaries regarding the state's authoritative power. Despite these strengths, the Constitution was adopted in the 19th century. Considering that we live in the twenty-first century, some believe that the 1876 Constitution is simply outdated. Add the fact that the “modern” Constitution is out of date to the amount of jargon-filled pages and you have a problem the size of Texas. Discouraging legislative procedures, as defined by the 1876 Constitution, makes passing bills and adopting resolutions quite difficult. Although some revisions have passed through constitutional conventions, reform is needed to provide Texas with an effective governing body.
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