The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899 Page: 33
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Development of the Texas Jzudicial System. 33
was modeled, to a large extent, on the Constitution of the United
States, although the influence of Spanish and Civil law ideas is
manifest throughout the instrument. It recognized practically
the same division of power between the national and State govern-
ments that exists in the Constitution of the United States. The
division of the powers of each of these governments into legislative,
executive and judicial departments was declared, though the
lines -of separation are not identical ,with those obtaining in Com-
mon law countries, the most noticeable difference being in regard
to the right of construing the constitution and statutes. This power
was conferred exclusively on the Congress, and no question as to the
meaning of the constitution or a statute, nor of the violation of
the former by the latter, could be determined 'by the courts. If
such difficulties should arise they were to be called to the atten-
tion of Congress 'and it was to. resolve the doubt; on the other
hand, Common law courts had for centuries unhesitatingly exer-
cised the power to interpret and construe statutes, 'and the Amer-
ican Common law courts, from the organization 'of the Supreme
Court of the United States, have repeatedly exercised the power
of determining the constitutionality of the acts of Congress and of
the State legislatures.
The permanent constitution of the State of 'Coahuila and Texas
was not promulgated until March the 11th, 1827.5 This instru-
ment clearly shows the influence of the various forces then striving
for the mastery. It is neither Civil law nor Common law, but is
manifestly a compromise between the spirit of .conservatism, hold-
ing to the traditions and institutions of the past, and the spirit 'of
innovation, insisting upon the adoption of a government similar to
that of the United States of the North.
Under this Constitution, until 1832, the State Congress was to
consist of twelve deputies, only two of whom were to be from Texas,
the other ten having an exclusively Mexican constituency. The
first Congress assembled on July 1, 1827,6 and the first Governor
was inaugurated on August 1, 1827.7
'The judiciary title of this Constitution consists of thirty-four
5 Laws and Decrees of Coahuila and Texas, p. 343.
6Ibid., p. 47.
7Ibid., p. 63.
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Texas State Historical Association. The Quarterly of the Texas State Historical Association, Volume 2, July 1898 - April, 1899, periodical, 1898/1899; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101011/m1/37/?rotate=90: accessed October 23, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.