Omar Bennett
Texas has had a dynamic constitutional history since its independence from Mexico, with nine constitutions in total. The current constitution, adopted in 1876, is the seventh and remains in force today. Each constitution reflects the political and social changes Texas experienced, from being part of Mexico to independence, statehood, civil strife, and other transitions. The 1876 constitution has been amended numerous times to address emerging state needs and adapt to changing times. Texas's unique history has resulted in a distinct constitutional journey, shaping the state's governance and legal framework.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 9 |
| Current Constitution | Constitution of 1876 |
| First Constitution | 1827 |
| First Constitution (as an independent republic) | 1836 |
| Current Constitution Position | Sixth constitution since independence from Mexico |
| Current Constitution Amendments | Over 400 |
| Position in Length of State Constitutions | Second-longest state constitution in the US |
| Position in Number of Amendments | Third-most amended state constitution |
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What You'll Learn
- Texas has had nine constitutions since independence from Mexico
- The first was in 1827 when Texas was part of Mexico
- The second constitution was drafted in 1836 after Texas gained independence
- Texas joined the US in 1845, adopting its third constitution
- The current constitution, adopted in 1876, has been amended over 400 times
Texas has had nine constitutions since independence from Mexico
Texas has had a dynamic constitutional history, with nine constitutions since its independence from Mexico. The state's unique evolution has resulted in a distinct legal framework, reflecting various political shifts and societal transformations.
The first constitution of Texas was adopted in 1827 when it was part of Mexico, forming the state of Coahuila y Tejas (or Coahuila and Texas) together with Coahuila. This constitution was promulgated as part of the Federal Constitution of the United Mexican States (1824), which required each state to draft its own constitution.
In 1836, Texas declared its independence from Mexico and established the Republic of Texas. This led to the adoption of its second constitution, which incorporated sections of the United States Constitution and Mexican law. Texas underwent significant political changes during this period, including its independence and the Texas Revolution.
The state's third constitution was adopted in 1845 when Texas joined the United States as the 28th state. This marked another pivotal moment in Texas's constitutional journey. The subsequent constitutions were adopted during pivotal moments in Texas's history, including its secession from the Union during the Civil War in 1861, the end of the Civil War in 1866, and the post-war reconstruction era in 1869.
The current and seventh constitution, adopted in 1876, remains in force today. It reflects a deep mistrust of government power and has been amended hundreds of times to address emerging state needs and adapt to changing times. The 1876 constitution is the second-longest state constitution in the United States, showcasing the state's complex and ever-evolving governance.
The numerous amendments to the Texas Constitution since 1876 demonstrate the state's commitment to adapting its legal framework to the evolving needs and circumstances of its people. While some have argued for a more comprehensive overhaul, the longevity of the 1876 constitution underscores its resilience and the challenges of replacing such an entrenched legal document.
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The first was in 1827 when Texas was part of Mexico
Texas has had nine different constitutions throughout its history, with the current constitution—the seventh—adopted in 1875 and ratified in 1876. The first Texas constitution was adopted in 1827 when Texas was part of Mexico and was combined with Coahuila to form the state of Coahuila y Tejas (or Coahuila and Texas).
The Federal Constitution of the United Mexican States (1824) required each state to draft its own constitution. The 1827 Texas constitution was the first of four constitutions adopted by Texas in a 15-year period during its failed attempt to create a separate nation.
The second Texas constitution was adopted in 1836 after Texas declared independence from Mexico and established the Republic of Texas. This constitution incorporated large sections of the United States Constitution along with Mexican law.
The third Texas constitution was adopted in 1845 when Texas joined the United States as the 28th state. The fourth Texas constitution was adopted in 1861 at the beginning of the American Civil War, when Texas seceded from the Union. This constitution transferred Texas statehood from the United States to the Confederate States of America.
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The second constitution was drafted in 1836 after Texas gained independence
Texas has had nine different constitutions throughout its history, with the current constitution—the seventh in Texas history—adopted in 1875 and ratified in 1876. The first constitution was adopted in 1827 when Texas was part of Mexico and was still combined with Coahuila as the state of Coahuila y Tejas.
The third Texas constitution was adopted in 1845 when Texas joined the United States as the 28th state. This was followed by the fourth constitution in 1861, which was drafted when Texas seceded from the Union during the Civil War. This constitution altered references from the United States of America to the Confederate States of America and required elected officials to pledge allegiance to the Confederate States.
The fifth Texas constitution was adopted in 1866 at the end of the Civil War, and the sixth in 1869. The current constitution, the seventh, was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876. It has been amended numerous times since its adoption and is one of the longest and most amended state constitutions in the United States.
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Texas joined the US in 1845, adopting its third constitution
Texas has had a total of nine different constitutions throughout its history. The state's first constitution was adopted in 1827 when Texas was part of Mexico and was still combined with Coahuila as the state of Coahuila y Tejas. In 1836, Texas declared independence and adopted its second constitution, establishing the Republic of Texas.
Texas joined the United States as the 28th state in 1845, adopting its third constitution. This document set forth Texas law in a simple and straightforward manner. Constitutional scholars consider it to have been one of the best-drafted state constitutions.
Texas seceded from the Union during the Civil War, leading to the adoption of a fourth constitution in 1861. This constitution transferred Texas statehood from the United States of America to the Confederate States of America. It did not make significant changes to the 1845 constitution, primarily altering references from the United States to the Confederacy and requiring elected officials to swear an oath of loyalty to the Confederate States of America.
After the Civil War, Texas adopted two more constitutions in quick succession, in 1866 and 1869, before rejoining the Union. The 1866 constitution nullified the Ordinance of Secession, agreed to the abolition of slavery, provided for some civil rights for freedmen, and repudiated war debt.
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The current constitution, adopted in 1876, has been amended over 400 times
Texas has had a total of nine different constitutions since its independence from Mexico. The current constitution, which was adopted in 1876, is the seventh in Texas history. It is also the third-most amended state constitution, with over 400 amendments made to the original document.
The 1876 constitution was drafted to reflect the political and social changes Texas experienced over the years, from being part of Mexico, to independence, statehood, civil strife, and many transitions until the current constitution was finalised. It contains provisions that are uniquely Texan, many of which are products of the state's unusual history. Some may be traced to Spanish and Mexican influence, including sections dealing with land titles, land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights. Other provisions can be attributed to the influences of Jacksonian agrarianism and frontier radicalism, both prevalent when Texas first became a state.
The 1876 constitution also reflected a deeply rooted mistrust of government power. It imposed numerous limitations on state authority, fragmented executive power, and restricted the legislature's ability to act outside narrow boundaries. This restrictive design led to the need for frequent amendments to address emerging state needs. Amendments to the constitution have been made through proposals submitted to voters by consent of two-thirds of the members of each house of the legislature and approved by a majority of those voting.
The Texas Constitution does not contain a "necessary and proper clause" like the U.S. Constitution, making it the second-longest state constitution in the United States. It began with a lengthy bill of rights, declaring Texas a free and independent state, subject only to the Constitution of the United States, that all free men have equal rights, and that the writ of habeas corpus could not be suspended or unduly delayed. Since its adoption, 216 new sections have been added, while 66 original sections and 51 added sections have been removed.
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Frequently asked questions
Texas has had seven constitutions since it gained independence from Mexico in 1836. The current constitution, the Constitution of 1876, is still in force today.
The Constitution of 1876 reflected a deep mistrust of government power and imposed limitations on state authority. It also fragmented executive power and restricted the legislature's ability to act outside narrow boundaries.
The Constitution of 1876 has been amended hundreds of times. Since 1876, 216 new sections have been added, while 66 original sections and 51 added sections have been removed. Amendments have been made to address emerging state needs.
Key events leading to changes in the Texas Constitution include Texas gaining independence from Mexico in 1836, joining the United States in 1845, and the impacts of the Civil War.
