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To: TexasTransplant
True, and completely irrelevant.

The last sentence of the article says it all: "Even during the period of rebellion, however, the Court found that Texas continued to be a state."

Go find a case that challenges Texas v White, and take it all the way to the SC, and get it reversed. I promise to wait here while you do.
11 posted on 04/24/2006 5:35:26 PM PDT by decal (My name is "decal" and I approve this tagline)
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To: decal
From the Handbook of Texas online, the following...

The 1845 Constitution incorporated a rigid amending process that required two legislative approvals by a two-thirds vote with an intervening election at which a majority of all voters voting for representatives had to approve. The rigidity was retained until the Constitution of 1876qv except for substituting a majority of voters on the amendment in the next three charters. The statehood charter was amended only once. The 1850 amendment established a "plural executive" whereby the governor must share power with other popularly elected executives, in this case the lieutenant governor, state treasurer,qv comptroller, general land commissioner, and attorney general (designated an executive officer in 1869 and 1876). It also provided for popular election of judges and district attorneys.

snip

1861-75. As momentous as were the Civil War and its aftermath, continuity outweighed change in the fundamental structure of Texas government provided for in the four constitutions from 1861 to 1875. Constitutionally speaking, Texas was ruled (in Texas v. White) never to have left the Union. The Constitution of 1861qv approved after secessionqv and the 1866 charter drafted under presidential Reconstructionqv were in actuality amendments to the 1845 constitution. The 1861 amendments, which were never submitted to the voters, were minimal with respect to structure. A new provision expressly authorizing the legislature to call a constitutional convention had no lasting effect, but the requirement that amendments be proposed only at regular legislative sessions was not altered until 1972"

I learn something new everyday, Thank you

TT
21 posted on 04/24/2006 7:23:57 PM PDT by TexasTransplant (NEMO ME IMPUNE LACESSET)
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