Omar Bennett
The Texas Constitution of 1876 has been amended several times, with changes to the judiciary, public education, state finances, suffrage requirements, and the chartering of municipal corporations. The constitution's verbose nature, with over 63,000 words, has made it a restrictive document for state and local governments. It provided for the establishment of the University of Texas and its fund, the Agricultural and Mechanical College of Texas, and public schools. The constitution also set forth the rights and powers of governmental departments and agencies, declaring Texas a free and independent state. It authorized the legislature to levy a poll tax to support public education and set aside proceeds from land sales and grants as a perpetual fund for schools. Amendments to the constitution have allowed for the expansion of the public school system and the adoption of new expenditure programs.
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What You'll Learn
The constitution founded a board of education
The Texas Constitution of 1876 founded a board of education composed of the governor, comptroller, and secretary of state. This board was responsible for overseeing the state's public education system and setting policies for the Texas Education Agency (TEA). The constitution also made provisions for the establishment of the University of Texas and abolished the office of the state superintendent.
The creation of the board of education was just one of the many changes implemented by the Texas Constitution of 1876. This constitution was the sixth constitution that Texas had adopted since gaining independence from Mexico in 1836. It was drafted by the Constitutional Convention of 1875 and approved by a vote of 136,606 to 56,652 on February 15, 1876. The constitution contained a lengthy bill of rights, declaring Texas a free and independent state, subject only to the Constitution of the United States. It also affirmed that all free men have equal rights and that the writ of habeas corpus could not be suspended or unduly delayed.
The constitution's provisions on public education were significant, as they removed original limitations and allowed for the expansion of the public school system. It authorized the legislature to levy a poll tax of one dollar on all male inhabitants between the ages of 21 and 60, with the funds being used to support public education. The constitution also set aside proceeds from land sales and grants as a perpetual fund for schools and made no provision for local school taxes.
The Texas Constitution of 1876 has undergone numerous amendments over the years, with changes being made to various articles, including those related to public education. The state has continued to uphold this constitution despite its need for frequent amendments and occasional obscurity. The constitution's detailed nature and restrictive provisions on state and local governments have made it stand out among other state constitutions.
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It abolished compulsory attendance
The Texas Constitution of 1876, the sixth constitution by which Texas has been governed since independence from Mexico in 1836, abolished compulsory attendance. This was one of the provisions relating to public education that helped shape the state's unusual history. The constitution also provided for the establishment of the University of Texas.
The constitution's detailed and restrictive nature has resulted in numerous amendments, with 714 proposed from 1876 to 2024, of which 530 were approved by the electorate. Most of these amendments are due to the document's highly restrictive nature, as it stipulates that the state of Texas has only the powers explicitly granted to it. This lack of a federal necessary and proper clause has led to a large number of specifically allocated funds in the state treasury.
The Texas Constitution of 1876's impact on public education was significant. It removed original limitations and permitted the expansion of the public school system. It also altered provisions relating to the state's financial system, allowing for new expenditure programs and new sources of revenue. This included the authorization of the legislature to levy a poll tax of one dollar on all male inhabitants between the ages of twenty-one and sixty and to appropriate no more than one-fourth of the general revenue.
The constitution's article on public education, Article 7, established provisions for public schools, asylums, and universities. It declared it the duty of the state legislature to establish and provide for the support and maintenance of an efficient system of public free schools. This has been a recurring issue in lawsuits involving the state's funding of education and the restrictions placed on local school districts.
The Texas Constitution of 1876's abolition of compulsory attendance was just one aspect of its impact on public education in the state. The constitution's detailed provisions and amendments have played a significant role in shaping the state's educational system.
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It provided for segregated schools
The Texas Constitution of 1876 provided for the establishment of segregated schools. The document abolished the office of the state superintendent, founded a board of education composed of the governor, comptroller, and secretary of state, eliminated compulsory attendance, and made no provision for local school taxes.
Article VII of the Constitution, which pertains to education, states that "separate schools shall be provided for white and colored children, and impartial provision shall be made for both." This provision reflects the racial segregation that was prevalent in the United States during the late 19th century. It is important to note that the term "colored children" typically referred to African American or Black students, who were required to attend separate schools from their white counterparts.
The establishment of segregated schools in Texas was not an isolated incident, but rather a reflection of the broader societal attitudes and legal framework of the time. The period following the Civil War and Reconstruction Era saw the emergence of Jim Crow laws, which enforced racial segregation in public facilities, including schools. These laws were designed to maintain white supremacy and perpetuate systemic racism against African Americans.
The Texas Constitution of 1876, while providing for segregated schools, also made significant provisions for the development of public education in the state. It set aside funds, lands, and other resources for the establishment and maintenance of public schools. The Constitution authorized the legislature to levy a poll tax of one dollar on all male inhabitants between the ages of twenty-one and sixty, with a portion of the revenue being allocated for public education.
While the Constitution of 1876 made strides in establishing a public education system in Texas, the provision for segregated schools is a stark reminder of the racial inequality and discrimination that was prevalent during that era. It is important to recognize this aspect of Texas's history as it underscores the ongoing struggle for racial equality and the need for inclusive and equitable education for all.
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It enabled expansion of the public school system
The Texas Constitution of 1876 enabled the expansion of the public school system in several ways. Firstly, it removed original limitations on provisions relating to public education, allowing for greater flexibility and growth. It also established a Board of Education, composed of the governor, comptroller, and secretary of state, to manage and control public schools and distribute funds to counties. This board replaced the office of the state superintendent, which was abolished under the new constitution.
The Constitution of 1876 also provided for the establishment of the University of Texas and its fund, which included proceeds from land sales and grants, donations, and appropriations. This fund was to be used for the support and maintenance of the university, demonstrating the constitution's commitment to higher education and the expansion of educational opportunities.
Furthermore, the document authorized the legislature to levy a poll tax of one dollar on all male inhabitants between the ages of twenty-one and sixty, with the proceeds being used to support public schools. This tax was expected to generate significant revenue for the improvement and expansion of the public school system.
In addition to these direct measures, the constitution also permitted the adoption of new expenditure programs and the exploitation of new sources of revenue. This financial flexibility allowed for increased investment in public education and the potential for further expansion of the school system.
Overall, the Texas Constitution of 1876 played a crucial role in enabling the expansion of the public school system. By removing limitations, establishing governing bodies, and providing dedicated funding sources, the constitution laid the foundation for a more robust and accessible education system in the state.
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It allowed for the establishment of the University of Texas
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since independence from Mexico in 1836. It was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by a vote of 136,606 to 56,652, and it remains the basic organic law of Texas. The constitution contains some provisions that are uniquely Texan, many of which are products of the state's unusual history.
The Constitution of 1876 provided for the establishment of the University of Texas. It set aside as a perpetual fund all proceeds from lands previously granted to schools, including all the alternate sections of land already reserved for the state or afterward reserved out of grants to railroads or other corporations. This included one-tenth of the alternate sections of the lands granted to railroads, which were set apart and appropriated to the establishment of the University of Texas by an Act of the Legislature of February 11, 1858, titled "An Act to establish the University of Texas".
The 1876 Constitution also authorized the legislature to levy a poll tax of one dollar on all male inhabitants between the ages of twenty-one and sixty and to appropriate not more than one-fourth of the general revenue. It abolished the office of the state superintendent, founded a board of education composed of the governor, comptroller, and secretary of state, eliminated compulsory attendance, provided for segregated schools, and made no provision for local school taxes.
The Constitution of 1876 also made alterations to provisions relating to public education, removing original limitations and permitting the expansion of the public school system. It authorized the legislature to pass laws for the assessment and collection of taxes in all school districts and for the management and control of the public school or schools within these districts. These changes allowed for the establishment and funding of public schools and the University of Texas.
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Frequently asked questions
Yes, the Texas Constitution of 1876 provided for the establishment of the University of Texas and helped public education in Texas by providing for the expansion of the public school system. It also enabled the establishment of the Agricultural and Mechanical College of Texas as a branch of the University of Texas.
The Constitution of 1876 included several provisions related to public education. It authorised the legislature to levy a poll tax of one dollar on all male inhabitants between the ages of 21 and 60, with the proceeds going towards public schools. It also set aside proceeds from land sales and grants, and other funds for public schools and the University of Texas. Additionally, it abolished the office of the state superintendent and established a board of education composed of the governor, comptroller, and secretary of state.
The Constitution of 1876 has been amended multiple times to support public education. Amendments have included changes to provisions relating to public education, state finances, and the judiciary, allowing for the expansion of the public school system and the adoption of new expenditure programs. For example, amendments in 1883, 1908, 1918, 1920, 1926, and 1999 made changes to the assessment and collection of taxes in school districts and the management and control of public schools.
