Jonah Patel
The Texas Constitution is one of the longest in the United States, second only to Alabama's. Since its adoption in 1876, it has been amended over 500 times, making it also the third-most amended state constitution in the country. The Texas Constitution's length and frequent amendments are due to its restrictive nature and the need to address emerging state needs. It contains provisions unique to Texas, influenced by its history, Spanish and Mexican influence, Jacksonian agrarianism, and frontier radicalism. The document outlines specific limitations on the power of the state government and includes a lengthy bill of rights, guaranteeing various protections and liberties for Texans.
| Characteristics | Values |
|---|---|
| Current Constitution of Texas | Adopted on February 15, 1876 |
| Position in terms of length | Second-longest state constitution in the United States |
| Amendments | 714 proposed, 530 approved, 181 defeated, 3 didn't make it to the ballot |
| Difficulty in changing | Low bar for changing the document |
| Number of sections | Originally 29, now 34 |
| Word count | 3,393 |
| Number of proposed amendments introduced to the Eighty-Seventh Session of the Texas Legislature | Over 200 |
| Number of proposed amendments introduced to the Eighty-Eighth Session of the Texas Legislature | 714 |
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What You'll Learn
The Texas Constitution is one of the longest in the US
The Texas Constitution was first adopted on February 15, 1876, and it remains the foundation of Texas's government today. It is the sixth constitution by which Texas has been governed since it achieved independence from Mexico in 1836. The constitution contains some provisions that are unique to Texas, influenced by the state's history, including Spanish and Mexican influences.
The Texas Constitution is a highly restrictive document, stipulating that the state of Texas only has the powers explicitly granted to it. This has resulted in the need for frequent amendments to address emerging state needs. The constitution's bill of rights, contained in Article 1, has grown from 29 sections with 1,450 words to 34 sections with 3,393 words. It includes provisions such as an expansive declaration of religious liberty, rights to free speech and the press, due process rights, the right of habeas corpus, and the right to a trial by jury.
The Texas Constitution's legislative article, Article 2, defines the powers and limitations of the legislature in great detail. It establishes a bicameral legislature consisting of a Senate and a House of Representatives, with specific qualifications and regulations outlined for each. This article also contains limitations on the power of the legislature and numerous exceptions to those limitations.
The lengthy and detailed nature of the Texas Constitution has made it challenging to drive constitutional change through the Texas courts. However, the relatively low bar for amending the document has led to a significant number of proposed and adopted amendments over time.
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It is the second-longest state constitution in the US
The Texas Constitution is the second-longest in the US, exceeded only by Alabama. The current version, adopted in 1876, is the seventh in Texas history. It is also the third-most amended state constitution, with over 500 amendments since its ratification. The Texas Constitution has been described as "one of the longest and most amended state constitutions in the US".
The Texas Constitution's length is due in part to its highly restrictive nature. It stipulates that the state of Texas has only the powers explicitly granted to it, and it contains a lengthy bill of rights with unique provisions. The bill of rights has grown from 29 sections and 1,450 words to 34 sections and 3,393 words. Of the 29 original sections, 23 remain unchanged. The additional language is concentrated in a small number of sections.
The Texas Constitution's bill of rights includes an expansive declaration of religious liberty, rights and responsibilities of free speech and the press, due process rights, the right of habeas corpus, and trial by jury. It also contains a right to keep and bear arms for self-defence. The constitution also includes provisions that are uniquely Texan, such as those dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights.
The Texas Constitution has been amended numerous times to address emerging state needs and to remove outdated or controversial provisions. For example, in 2005, Texas passed a ban on same-sex marriage, which was later overturned by the US Supreme Court. Such provisions are called "deadwood" and are typically removed when doing so becomes uncontroversial. The process of amending the Texas Constitution is relatively straightforward, requiring only a simple majority of voters to approve an amendment.
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It is also the third-most amended state constitution
The Texas Constitution is the third-most amended state constitution in the United States, with only Alabama and California having been amended more frequently. Since its adoption in 1876, the Texas Constitution has been amended over 500 times, and proposals for changes continue to be made.
The Texas Constitution's high number of amendments can be attributed to its restrictive nature. The constitution stipulates that the state of Texas only has the powers explicitly granted to it, and it does not include a counterpart to the federal Necessary and Proper Clause. This design has led to the need for frequent amendments to address emerging state needs.
The process of amending the Texas Constitution is relatively straightforward. Amendments must be introduced to the legislature as joint resolutions, and a simple majority of voters must approve them. Legislators propose amendments, and the Texas secretary of state drafts a ballot explanation that must be approved by the attorney general. This ballot explanation is what voters see when they vote on the amendment and is published in official newspapers and sent to each county clerk to be posted in the county courthouse.
The Texas Constitution's Bill of Rights has grown from 29 sections and 1,450 words to 34 sections and 3,393 words. While the additional language is concentrated in a small number of sections, the Bill of Rights remains a detailed and unique document. For example, it includes provisions such as the recognition of the writ of habeas corpus as an unqualified right, prohibiting its suspension under any circumstances, which differs from the U.S. Constitution.
The Texas Constitution's longevity and frequent amendments reflect the state's dynamic and evolving nature, adapting to the needs and values of its citizens over time.
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The Constitution of 1876 is the sixth constitution by which Texas has been governed
The Constitution of 1876 reflects a deep 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. The document is composed of a preamble, 17 articles, and 498 amendments (as of the 2017 Constitutional election). Article 1, the Texas Bill of Rights, is the longest article in the constitution and originally contained 29 sections; five additional sections have since been added, bringing the total to 34 sections. The Bill of Rights outlines specific, fundamental limitations on the power of the state government and includes provisions such as an expansive declaration of religious liberty, the rights and responsibilities of free speech and the press, due process rights, the right of habeas corpus, and trial by jury.
The Texas Constitution has been amended numerous times since its adoption. From 1876 to 2017, the legislature proposed 673 constitutional amendments, of which 491 were approved by the electorate and 179 were defeated. As of 2024, the Texas Legislature has proposed a total of 714 constitutional amendments, with 530 approved, 181 defeated, and three never making it to the ballot. The relatively low bar for changing the document makes the amendment process feasible. A simple majority of voters must approve an amendment, and legislators can propose amendments with few restrictions. However, the clarity of the language in most of the constitution makes it challenging to drive constitutional change through the Texas courts.
The Constitution of 1876 contains some provisions that are unique to Texas, reflecting the state's unusual history. Some of these provisions can 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 mineral rights. Other atypical provisions can be attributed to the influences of Jacksonian agrarianism and frontier radicalism, which were prevalent when Texas first became a state.
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The Texas Constitution is still growing
The Texas Constitution is one of the longest in the United States and is still growing. The current document, adopted in 1876, is the seventh constitution in Texas history. Since then, it has been amended over 500 times, with 714 amendments proposed as of 2024. The Texas Constitution is the second-longest state constitution in the US, and is also the third-most amended.
The Texas Constitution's Bill of Rights has grown from 29 sections with 1,450 words to 34 sections with 3,393 words. Of the 29 original sections, 23 have not been changed. The additional language is concentrated in a small number of sections. The Texas Bill of Rights includes many rights similar to those found in the US Bill of Rights, but it is more detailed and contains provisions that are unique to Texas. For example, it includes sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights.
The Texas Constitution's lengthy and detailed nature has led to the need for frequent amendments to address emerging state needs. The relatively low bar for changing the document makes the amendment process feasible. A simple majority of voters must approve an amendment, and legislators can propose amendments as joint resolutions, making it easy to find and follow them through the legislative process.
The Texas Constitution continues to evolve, with over 200 proposed amendments introduced to the Eighty-Seventh Session of the Texas Legislature as of 2021. While some of these amendments may have been added to the constitution, others may be resubmitted in the future if they do not succeed. The Texas Constitution remains the foundation of Texas government, reflecting the state's unique history and values.
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Frequently asked questions
No, the Texas Constitution is the second-longest state constitution in the United States.
The Texas Constitution has 34 sections and 3,393 words.
As of 2024, the Texas Legislature has proposed 714 amendments, of which 530 have been adopted.
The Texas Constitution's bill of rights is Article 1, which has grown from 29 sections and 1,450 words to 34 sections and 3,393 words.
Some unique provisions of the Texas Constitution include sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights. Other unique aspects include prohibiting banks and requiring a stricter separation of church and state than in older states. The constitution also includes a detailed bill of rights with provisions such as the right to keep and bear arms, habeas corpus, and freedom of speech and press.
