Eleanor Finch
The Texas Constitution is a document that outlines the state government's structure and function and outlines the basic rights of its citizens. The constitution is unique in that it explicitly provides for the separation of powers and has a bill of rights that is more detailed and lengthier than the federal Bill of Rights. The Texas Constitution has had a long and complex history, with many amendments and changes made over time. The constitution also includes provisions that limit the power of the state and the legislature, and it recognises the right of the people to alter, reform or abolish their government.
| Characteristics | Values |
|---|---|
| Date of adoption | February 15, 1876 |
| Previous Constitutions | 1827, 1836, 1845, 1861, 1866, 1869 |
| Length | Second-longest state constitution in the US |
| Amendments | 714 proposed, 530 approved, 181 defeated, 3 did not make ballot |
| Rights | Bill of Rights, Right to hunt and fish, Right to a speedy trial, Right to search and seizure protection, Right to engage in agricultural practices |
| Powers | Legislative power vested in the state legislature, Separation of powers, Limited powers for the legislature and governor |
| Voting Rights | Denies voting rights to minors, felons, and those deemed mentally incompetent |
| Education | Abolished compulsory attendance, Provided for segregated schools, Established the University of Texas |
| Financial | Permits new expenditure programs and revenue sources, Lengthened term of office for state and local officials |
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What You'll Learn
The right to hunt, fish and farm
The Texas Constitution establishes the structure and function of the government of the state of Texas and enumerates the basic rights of its citizens. The current constitution was adopted on February 15, 1876, and is the seventh constitution in Texas history. The Texas Legislature has proposed 714 constitutional amendments, of which 530 were approved by the electorate.
The Texas Constitution's bill of rights includes provisions unique to Texas, such as the right to hunt, fish, and farm. The right to hunt, fish, and harvest wildlife was added to the Texas Constitution in 2015 through the Texas Right to Hunt, Fish, and Harvest Amendment, also known as Proposition 6. This amendment guarantees the people of Texas the right to hunt, fish, and harvest wildlife, including by using traditional methods, subject to laws and regulations for wildlife conservation and management.
The right to hunt and fish is not unique to Texas, and as of January 2023, 23 states had constitutional provisions providing for these rights. Vermont was the first state to constitutionalize this right in 1777, and other states have followed suit since 1996. However, Texas' Proposition 6 goes beyond just hunting and fishing rights by also including the right to harvest wildlife.
In addition to hunting and fishing rights, the Texas Constitution also recognizes the right to engage in certain agricultural practices. Specifically, it states that people have the right to engage in generally accepted farm, ranch, timber production, horticulture, or wildlife management practices on real property they own or lease. This right is subject to legislative authority to regulate these practices for public health and safety, animal health, crop production, and natural resource conservation.
The inclusion of these rights in the Texas Constitution reflects the state's recognition of the importance of outdoor heritage, conservation, and agricultural practices for its citizens. By enshrining these rights in the constitution, Texas has taken steps to protect and promote activities that are valued by many Texans.
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The right to a speedy trial
The Texas Constitution establishes the structure and function of the government of Texas and enumerates the basic rights of its citizens. Article 1 of the Texas Constitution is the bill of rights, which includes the right to a speedy trial.
Article 1, Section 12 of the Texas Constitution recognises the writ of Habeas Corpus as a right and prohibits its suspension under any circumstance. This differs from the U.S. Constitution, which allows for its suspension in cases of rebellion or invasion.
Article 1, Section 10 of the Texas Constitution guarantees that in all criminal prosecutions, the accused shall have a speedy public trial by an impartial jury. The accused has the right to demand the nature and cause of the accusation against them and to receive a copy thereof.
If a defendant's right to a speedy trial is violated, the sole remedy is a dismissal of the charges. However, courts are hesitant to find that this right has been violated, and the defendant may bear the burden of proof. To assert their right, defendants must do so in a timely and frequent manner, clearly and unambiguously communicating their desire for a speedy trial to the court or prosecution.
The Texas Speedy Trial Act does not require a showing of prejudice, and there is no particular length of delay that constitutes a violation of the right to a speedy trial. However, under the Act, all felonies must be brought to trial within 120 days of the commencement of criminal action, and misdemeanours punishable by imprisonment for more than 180 days must be brought to trial within 90 days.
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Separation of powers
The Texas Constitution, which establishes the structure and function of the government of Texas and outlines the basic rights of its citizens, explicitly provides for the separation of powers. The Texas Constitution is the second-longest state constitution in the United States.
The Texas Constitution outlines the composition, powers, and jurisdiction of the state's Supreme Court, Court of Criminal Appeals, District, County, and Commissioners Courts, as well as the Justice of the Peace Courts. It also vests the legislative power of the state in the "Legislature of the State of Texas", which consists of the state's Senate and House of Representatives.
The Texas Constitution contains provisions that concern specific fundamental limitations on the power of the state. These provisions apply only against the government of Texas, and the constitution stipulates that the state of Texas has only those powers explicitly granted to it.
The Texas Constitution also includes a bill of rights, which is considerably lengthier and more detailed than the federal Bill of Rights. This bill of rights includes provisions not included in the federal Constitution, such as the right to engage in certain agricultural practices and the right to hunt, fish, and harvest wildlife.
The separation of powers in Texas is further evident in the constitution's provision for the impeachment of the Speaker of the House and the Governor. The Speaker of the House is a state officer subject to impeachment, while the Lieutenant Governor assumes power if the Governor is impeached or travels outside the state.
Additionally, the Texas Constitution's interpretation of the separation of powers has been applied in cases such as the grant of deferred prosecution authority to the Harris County Juvenile Probation Department, which was found not to violate the separation of powers or infringe on the district attorney's criminal jurisdiction.
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Voting rights
The Texas Constitution's Article 6, Suffrage, Section 1, outlines the classes of people who are not allowed to vote in the state. This includes people under 21 years of age, people convicted of bribery, perjury, forgery, or other high crimes, idiots and lunatics, and soldiers, among others. The constitution also provides for the registration of voters and absentee voting.
The Texas Constitution has a long history of voter restrictions, particularly against women and racial minorities. For example, in 1918, thousands of members of the all-white Texas Equal Suffrage Association (TESA) campaigned for women's right to vote in the state's primaries. Despite their efforts, Texas's all-white primary system prevented most women from exercising this right. It wasn't until 1921 that Mexican-born women awaiting naturalization lost their right to vote, and even then, a restructured all-white primary law in 1923 excluded black women who had previously registered.
Texas has also faced criticism for its voter identification laws, purges of voting rolls, and bills that could restrict voting access. The state's constitution does not provide for amendment by initiative or referendum, constitutional convention, or any other means, which may hinder efforts to address these issues.
However, the Texas Constitution does affirm the inherent political power of the people and their right to alter, reform, or abolish their government. This suggests that Texans have the right to address voting rights issues and make changes to their political system if they deem it necessary.
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Republican form of government
The Texas Constitution is a document that outlines the structure and function of the government of Texas and the basic rights of its citizens. It is the second-longest state constitution in the US and has been amended several times since its adoption in 1876.
The Texas Constitution establishes a republican form of government, with all political power inherent in the people. This is outlined in Article 1, Section 2 of the Texas Constitution, which states that "all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit". The people of Texas have pledged their faith to preserving a republican form of government and have the inalienable right to alter, reform, or abolish their government as they see fit.
Article 3 of the Texas Constitution vests the legislative power of the state in the "Legislature of the State of Texas", which consists of the state's Senate and House of Representatives. This article outlines the qualifications and requirements for senators and representatives and includes substantive limitations on the power of the legislature, with a focus on maintaining the separation of powers.
The Texas Constitution also includes a Bill of Rights, which is lengthier and more detailed than the federal Bill of Rights. This Bill of Rights guarantees various freedoms and rights for the citizens of Texas, including the right to engage in certain agricultural practices, the right to hunt and fish, and protections against unreasonable searches and seizures.
Overall, the Texas Constitution establishes a republican form of government that vests political power in the people and outlines the structure and function of the state's government, including the legislative, executive, and judicial branches, with a focus on maintaining a separation of powers and preserving the rights of citizens.
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Frequently asked questions
The Texas Constitution is a document that establishes the structure and function of the government of Texas and outlines the basic rights of its citizens.
Yes, the Texas Constitution does support power to the people. Article 1, Section 2 of the Texas Constitution states that "all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit".
The people of Texas have the right to hunt, fish, and harvest wildlife, as well as the right to engage in certain agricultural practices, such as farming and ranching. Texans also have the right to be secure in their persons, houses, papers, and possessions from unreasonable searches and seizures.
Yes, the Texas Constitution can be amended. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by the electorate. The Texas Constitution is known for being highly restrictive, and amendments are often necessary to address its limitations.
