Deck 2: The Texas Constitution
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Deck 2: The Texas Constitution
1
State constitutions are designed to perform which of the following functions?
A) to establish the mechanisms through which school districts determine grade-appropriate curricula
B) to ensure that power is concentrated in a unitary executive branch
C) to ensure that free, fair, and frequent elections are conducted by the federal government
D) to prevent abuse of power by the government by establishing and protecting civil liberties
A) to establish the mechanisms through which school districts determine grade-appropriate curricula
B) to ensure that power is concentrated in a unitary executive branch
C) to ensure that free, fair, and frequent elections are conducted by the federal government
D) to prevent abuse of power by the government by establishing and protecting civil liberties
D
2
In federalism, an individual citizen lives under the direct authority of which of the following?
A) the central government and regional government
B) the provincial government and subnational government
C) the regional government and provincial government
D) the national government and supranational government
A) the central government and regional government
B) the provincial government and subnational government
C) the regional government and provincial government
D) the national government and supranational government
A
3
Under the Constitution of 1869, how often were legislative sessions set to be held?
A) biannually
B) annually
C) semiannually
D) only when called by the governor
A) biannually
B) annually
C) semiannually
D) only when called by the governor
B
4
Which of the following statements about the powers of the national government is most accurate?
A) The only powers of the national government are those specifically stated.
B) The amount of power the national government has exercised has grown over the last 200 years as a result of the "necessary and proper clause."
C) Powers of the national government are delegated by the state governments.
D) Powers of the national government are equal to the powers of the state governments.
A) The only powers of the national government are those specifically stated.
B) The amount of power the national government has exercised has grown over the last 200 years as a result of the "necessary and proper clause."
C) Powers of the national government are delegated by the state governments.
D) Powers of the national government are equal to the powers of the state governments.
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5
________ dominated the secession convention of 1861.
A) Landowners and cattlemen
B) Lawyers and slaveholders
C) Supporters of Governor Sam Houston
D) Supporters of the Union
A) Landowners and cattlemen
B) Lawyers and slaveholders
C) Supporters of Governor Sam Houston
D) Supporters of the Union
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6
Which statement best describes the post-Civil War governorship of Edmund Davis?
A) Davis was a Democratic Confederate sympathizer who frequently clashed with the federal Congress.
B) Davis tried to return Texas to independence rather than reenter the Union after the Civil War.
C) Davis was a Republican who used the centralized powers of the governorship to maintain control over his regime.
D) Davis sought to decentralize government in Texas, moving toward a policy of home rule.
A) Davis was a Democratic Confederate sympathizer who frequently clashed with the federal Congress.
B) Davis tried to return Texas to independence rather than reenter the Union after the Civil War.
C) Davis was a Republican who used the centralized powers of the governorship to maintain control over his regime.
D) Davis sought to decentralize government in Texas, moving toward a policy of home rule.
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7
The Constitution of 1836 showed the direct influence of the U.S. Constitution through the inclusion of which of the following?
A) state retention of ownership of mineral rights
B) a unicameral legislature
C) a judicial system with four levels
D) government divided into three branches with a system of checks and balances
A) state retention of ownership of mineral rights
B) a unicameral legislature
C) a judicial system with four levels
D) government divided into three branches with a system of checks and balances
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8
Which of the following was part of the annexation agreement between Texas and the United States?
A) Texas could divide itself into as many as seven separate states.
B) Texas was responsible for paying all foreign debts it incurred while independent.
C) Texas could maintain its own army and navy for 25 years.
D) Texas must sell all public lands within five years.
A) Texas could divide itself into as many as seven separate states.
B) Texas was responsible for paying all foreign debts it incurred while independent.
C) Texas could maintain its own army and navy for 25 years.
D) Texas must sell all public lands within five years.
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9
Which component of the current Texas Constitution was designed to prevent future governors from abusing power like Governor Edmund Davis did under the Constitution of 1869?
A) universal suffrage
B) the plural executive
C) the Bill of Rights
D) independent state grounds
A) universal suffrage
B) the plural executive
C) the Bill of Rights
D) independent state grounds
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10
The Constitution of 1827 tried to limit the spread of ___________________.
A) slavery
B) liberty
C) suffrage
D) education
A) slavery
B) liberty
C) suffrage
D) education
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11
Who were the Radical Republicans?
A) Republicans who proposed to write a new U.S. constitution in the late 1990s
B) Republicans who controlled Reconstruction policy in the former Confederate states after the Civil War
C) the first Republicans since Reconstruction in Texas to win elected office during the 1960s
D) followers of the pro-Union governor Sam Houston
A) Republicans who proposed to write a new U.S. constitution in the late 1990s
B) Republicans who controlled Reconstruction policy in the former Confederate states after the Civil War
C) the first Republicans since Reconstruction in Texas to win elected office during the 1960s
D) followers of the pro-Union governor Sam Houston
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12
Which of the following statements about the Texas Constitutional Convention of 1865 is NOT accurate?
A) Texas had to accept the abolition of slavery.
B) Texas had to repudiate the war debt incurred by the state.
C) Texas had to return to the federal government parts of Oklahoma seized by Texas Confederate soldiers.
D) The state had to formally reject the right of secession.
A) Texas had to accept the abolition of slavery.
B) Texas had to repudiate the war debt incurred by the state.
C) Texas had to return to the federal government parts of Oklahoma seized by Texas Confederate soldiers.
D) The state had to formally reject the right of secession.
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13
The Constitution of 1869 created
A) a strong governor's office.
B) strong local government.
C) a unicameral legislature.
D) the election of judges.
A) a strong governor's office.
B) strong local government.
C) a unicameral legislature.
D) the election of judges.
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14
Texas has operated under how many constitutions?
A) 5
B) 6
C) 7
D) 8
A) 5
B) 6
C) 7
D) 8
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15
Thinking about the constitutions of Texas and the United States, both are based upon which fundamental idea?
A) Political power is derived from the people.
B) Political power is divided into two separate parts and placed in separate branches of government.
C) the idea of community rights
D) the subordinate role that Texas has in the federal system
A) Political power is derived from the people.
B) Political power is divided into two separate parts and placed in separate branches of government.
C) the idea of community rights
D) the subordinate role that Texas has in the federal system
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16
The domination of Texas politics by Republicans after the Civil War ended
A) with the election of governor Richard Coke in 1873.
B) with the victory of the Populist Party in 1892.
C) in 1888, with violent riots by farmers in Houston, Dallas, and Austin.
D) through a peaceful transfer of power in 1900.
A) with the election of governor Richard Coke in 1873.
B) with the victory of the Populist Party in 1892.
C) in 1888, with violent riots by farmers in Houston, Dallas, and Austin.
D) through a peaceful transfer of power in 1900.
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17
According to the __________________, the U.S. Constitution takes precedence over the Texas Constitution.
A) supremacy clause
B) separation of powers clause
C) necessary and proper clause
D) delegate powers
A) supremacy clause
B) separation of powers clause
C) necessary and proper clause
D) delegate powers
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18
Which of the following is found in the Texas Constitution, but not in the U.S. Constitution?
A) Bill of Rights
B) separation of powers
C) supremacy clause
D) Equal Rights Amendment
A) Bill of Rights
B) separation of powers
C) supremacy clause
D) Equal Rights Amendment
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19
What stalled Texas's admission into the United States?
A) the insufficient number of people in Texas
B) Texas's overly large debt, which would have to be assumed by the federal government
C) that Texas would be a proslavery state
D) that foreign nations had refused to recognize an independent Texas
A) the insufficient number of people in Texas
B) Texas's overly large debt, which would have to be assumed by the federal government
C) that Texas would be a proslavery state
D) that foreign nations had refused to recognize an independent Texas
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20
Texas became an independent republic in ________ and became part of the United States in ________.
A) 1827; 1861
B) 1827; 1869
C) 1836; 1845
D) 1845; 1876
A) 1827; 1861
B) 1827; 1869
C) 1836; 1845
D) 1845; 1876
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21
The Texas Constitutional Convention of 1974
A) was successful in drafting a new version of the Texas Constitution that was ratified by voters in November 1975.
B) failed to include enough sitting members of the legislature, so the Texas Supreme Court invalidated its proposed new constitution.
C) adopted a proposed constitution by a two-thirds vote.
D) was unable to reach an agreement on a proposed new constitution.
A) was successful in drafting a new version of the Texas Constitution that was ratified by voters in November 1975.
B) failed to include enough sitting members of the legislature, so the Texas Supreme Court invalidated its proposed new constitution.
C) adopted a proposed constitution by a two-thirds vote.
D) was unable to reach an agreement on a proposed new constitution.
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22
Article 4 of the Texas Constitution divides executive power among how many different offices?
A) 3
B) 4
C) 6
D) 7
A) 3
B) 4
C) 6
D) 7
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23
The Texas Constitution is
A) a tightly argued, brief document of general principles.
B) a long, complex, and detailed document.
C) difficult to amend, compared to the U.S. Constitution.
D) an economic treatise disguised as a blueprint for government.
A) a tightly argued, brief document of general principles.
B) a long, complex, and detailed document.
C) difficult to amend, compared to the U.S. Constitution.
D) an economic treatise disguised as a blueprint for government.
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24
Which of the following is most likely to create advertising campaigns related to proposed constitutional amendments?
A) interest groups either in favor or against the proposed amendment
B) political parties trying to mobilize their traditional voters
C) county officials who are required to run "get out the vote" campaigns
D) the state, since the constitution is a state-wide document
A) interest groups either in favor or against the proposed amendment
B) political parties trying to mobilize their traditional voters
C) county officials who are required to run "get out the vote" campaigns
D) the state, since the constitution is a state-wide document
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25
The Mexican War of Independence against ________ grew out of the ________.
A) Spain; Napoleonic Wars
B) France; French Revolution
C) Spain; U.S. War of Independence
D) the United States; U.S. War of Independence
A) Spain; Napoleonic Wars
B) France; French Revolution
C) Spain; U.S. War of Independence
D) the United States; U.S. War of Independence
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26
When writing the Texas Constitution of 1876, the framers wanted to be able to
A) allow interpretation and flexibility so that it would not have to be frequently amended.
B) facilitate the development of an expansion of the railroad and other technological advances.
C) expand services provided by the state to meet the new needs of a growing population.
D) limit the power of the state government in order to prevent corruption.
A) allow interpretation and flexibility so that it would not have to be frequently amended.
B) facilitate the development of an expansion of the railroad and other technological advances.
C) expand services provided by the state to meet the new needs of a growing population.
D) limit the power of the state government in order to prevent corruption.
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27
Who made up the Grange, and what effect did they have on the writing of the Texas Constitution?
A) They were a consortium of railroad entrepreneurs who wanted a constitution that would aid business interests.
B) They were a group of pro-Union Republicans who controlled the state after the Civil War.
C) They were an agricultural group who wanted a government that would improve the plight of farmers.
D) They were early wildcatters who wanted land grants from the state so they could explore for oil.
A) They were a consortium of railroad entrepreneurs who wanted a constitution that would aid business interests.
B) They were a group of pro-Union Republicans who controlled the state after the Civil War.
C) They were an agricultural group who wanted a government that would improve the plight of farmers.
D) They were early wildcatters who wanted land grants from the state so they could explore for oil.
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28
Which of the following statements about republican government is NOT accurate?
A) The right to a republican form of government is not guaranteed in the Texas Bill of Rights.
B) A republican form of government is part of a system of representative democracy.
C) Under a representative government, all political power derives from the people.
D) In the Texas Constitution, it is explicitly stated that the people have the right to reform, alter, or to abolish their government.
A) The right to a republican form of government is not guaranteed in the Texas Bill of Rights.
B) A republican form of government is part of a system of representative democracy.
C) Under a representative government, all political power derives from the people.
D) In the Texas Constitution, it is explicitly stated that the people have the right to reform, alter, or to abolish their government.
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29
The Texas Bill of Rights is different from the U.S. Bill of Rights because
A) it is a separate document from the Texas Constitution.
B) it does not list any specific protections for those accused of committing a crime.
C) it is shorter than the federal Bill of Rights, containing only three protections.
D) it grants rights and protections that are not found in the U.S. Bill of Rights.
A) it is a separate document from the Texas Constitution.
B) it does not list any specific protections for those accused of committing a crime.
C) it is shorter than the federal Bill of Rights, containing only three protections.
D) it grants rights and protections that are not found in the U.S. Bill of Rights.
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30
Which statement best describes the structure of the Texas legislature?
A) Since independence from Mexico, Texas has had a bicameral legislature.
B) Texas's first unicameral legislature was established when Texas became an independent country.
C) Texas has always had a unicameral legislature.
D) Texas created the first tricameral legislature.
A) Since independence from Mexico, Texas has had a bicameral legislature.
B) Texas's first unicameral legislature was established when Texas became an independent country.
C) Texas has always had a unicameral legislature.
D) Texas created the first tricameral legislature.
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31
When drafting the Texas Constitution of 1876, the framers wanted to create a government based on which of the following principles?
A) the need for governmental subsidy and regulation of economic growth
B) the importance of civil right protections for African Americans and Latinos
C) the necessity of strong limitations on the authority of state officials
D) the value of states' rights
A) the need for governmental subsidy and regulation of economic growth
B) the importance of civil right protections for African Americans and Latinos
C) the necessity of strong limitations on the authority of state officials
D) the value of states' rights
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32
Under the Texas Constitution, who has the power of impeachment?
A) The House of Representatives has the power to impeach, while the Senate has the power to try and convict.
B) The Senate has the power to both impeach and convict.
C) The House of Representatives has the power to impeach, while the state Supreme Court has the power to try and convict.
D) Texas has no constitutional provisions for impeachment.
A) The House of Representatives has the power to impeach, while the Senate has the power to try and convict.
B) The Senate has the power to both impeach and convict.
C) The House of Representatives has the power to impeach, while the state Supreme Court has the power to try and convict.
D) Texas has no constitutional provisions for impeachment.
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33
The drive to rewrite the Texas Constitution in the 1970s grew out of
A) a major stock fraud involving bribery of several elected officials, state party officials, and bankers.
B) bitter politics coupled with the intense demands of highly mobilized special interests.
C) a push from the national political parties to help states streamline their constitutions.
D) frustration with the power of the Grange and the Radical Republicans.
A) a major stock fraud involving bribery of several elected officials, state party officials, and bankers.
B) bitter politics coupled with the intense demands of highly mobilized special interests.
C) a push from the national political parties to help states streamline their constitutions.
D) frustration with the power of the Grange and the Radical Republicans.
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34
What was Texas's most progressive constitution in terms of power and organization?
A) the Constitution of the Republic of Texas
B) the "statehood constitution" of 1845
C) the Civil War Constitution of 1861
D) the Constitution of 1869
A) the Constitution of the Republic of Texas
B) the "statehood constitution" of 1845
C) the Civil War Constitution of 1861
D) the Constitution of 1869
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35
Constitutional amendment elections tend to have low voter turnout because
A) they are held in "off" years, when there are no candidates on the ballot.
B) most of the amendments tend to be controversial and alienate voters.
C) there are additional qualifications that must be met in order to be eligible to vote in a constitutional amendment election, and most voters do not qualify.
D) most voters get confused by the complicated wording in the amendments.
A) they are held in "off" years, when there are no candidates on the ballot.
B) most of the amendments tend to be controversial and alienate voters.
C) there are additional qualifications that must be met in order to be eligible to vote in a constitutional amendment election, and most voters do not qualify.
D) most voters get confused by the complicated wording in the amendments.
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36
In what year was Texas's current constitution ratified?
A) 1828
B) 1869
C) 1876
D) 1888
A) 1828
B) 1869
C) 1876
D) 1888
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37
Which of the following is NOT found in the Texas Bill of Rights?
A) guarantees of equal treatment under law
B) guarantees of no religious tests for officeholders
C) the right to employment
D) the right to trial by jury
A) guarantees of equal treatment under law
B) guarantees of no religious tests for officeholders
C) the right to employment
D) the right to trial by jury
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38
Under Article 7 of the Texas Constitution, the State Board of Education has responsibility for which of the following?
A) The University of Texas
B) Texas A&M University
C) elementary and secondary education
D) community colleges
A) The University of Texas
B) Texas A&M University
C) elementary and secondary education
D) community colleges
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39
Discussion of the judicial department is in Article ________ of the Texas Constitution.
A) 2
B) 3
C) 4
D) 5
A) 2
B) 3
C) 4
D) 5
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40
The Texas Constitution requires which of the following for amending the state constitution?
A) a two-thirds vote in both houses of the state legislature and a majority vote from the voters of Texas
B) only a majority vote from the voters of Texas
C) the governor's signature
D) a two-thirds vote in county conventions convened for the purpose of amending the constitution
A) a two-thirds vote in both houses of the state legislature and a majority vote from the voters of Texas
B) only a majority vote from the voters of Texas
C) the governor's signature
D) a two-thirds vote in county conventions convened for the purpose of amending the constitution
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41
The current Texas Constitution has been amended more than 400 times.
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42
Under the Texas Constitution, it is unconstitutional to impeach elected officeholders.
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43
The Texas Constitution of 1866 granted the governor a line-item veto on appropriations.
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44
The Texas Constitution creates two top appellate courts: one for civil cases and one for criminal cases.
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45
There are rights guaranteed to Texans in Article 1 of the Texas Constitution that go far beyond those of the U.S. Constitution.
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46
Texas has used its ownership of mineral rights in some parts of the state to fund education.
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47
Governor Gregory Wayne Abbott proposed convening a constitutional convention to rewrite the Texas Constitution in 2016.
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48
Constitutional amendment elections tend to have very low levels of voter turnout.
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49
The Texas Constitution became a place where special interests could seek to promote and protect their own agendas.
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50
The Texas Constitution explicitly discusses the role of the state in providing education at all levels, including colleges and universities.
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51
The Texas Constitution created a plural executive, consisting of multiple elected executive officers.
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52
The most recent attempt to rewrite the Texas Constitution was in 1974.
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53
The Texas Bill of Rights guarantees the right to a republican form of government.
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54
The Texas Constitution of 1866 did not exclude former secessionists from voting.
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55
The first federal constitution that Texas operated under was the Mexican Constitution.
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56
Both the Texas and U.S. Constitutions require voter approval for any proposed amendments to take effect.
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57
The Texas Constitution of 1869 was written by members of the Republican Party, including ten elected African Americans.
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58
The Texas Constitution of 1876 was designed to limit the power of government, especially of the governor's office.
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59
The state of Texas has had three constitutions in the course of its history.
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60
The U.S. Supreme Court in Texas v. White et al. (1869) ruled that Texas did secede from the union.
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61
Between 2001 and 2010, the overwhelming majority of constitutional amendments have been approved by voters.
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62
What are some of the key similarities and differences between the Texas Constitution and the U.S. Constitution?
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63
There have been several calls to revamp the Texas Constitution. What has been the rationale for significant changes to the Texas Constitution? Describe the attempt in the mid-1970s to change it. Why did the attempt fail?
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64
Explain the historical influences, similarities, and differences among Texas's first six constitutions.
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65
Amendments to the Texas Constitution can address technical issues faced by state agencies and local governments.
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66
Describe the particular historical conditions under which the Texas Constitution of 1876 was drafted. What were some of the main principles behind the Texas Constitution of 1876? What are some of the most important aspects of the constitution that reflect the political philosophy of its framers?
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67
How does Texas's mistrust of government and resistance to change manifest itself in the current constitution? How does this conflict with the political preferences for limited government?
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