Eleanor Finch
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since it achieved independence from Mexico in 1836. It was framed by the Constitutional Convention of 1875 and adopted on 15 February 1876. The document is adequate for a rural people engaged principally in subsistence farming, but not for an urban-industrial-commercial society. The key principles of the 1876 Constitution include a lengthy bill of rights, the creation of a plural executive, the direct election of judges, and a mandate for a balanced budget.
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What You'll Learn
Popular control of government
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since it achieved 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. Texas still operates under the 1876 constitution today, although it has had to be amended hundreds of times due to its tight restrictions.
The 1876 Constitution was designed to comply with public opinion and emphasise popular control of the government in Texas. One way it allowed for popular control was through the direct election of judges and other public officials. This measure was put in place to allow citizens a direct influence over the judiciary and public offices, granting them the power to elect individuals who best represented their interests. This reform aimed to increase citizen involvement in governance, ensuring accountability and representation.
The Constitution of 1876 also maintained biennial legislative sessions, meaning the Texas Legislature would meet every two years. This decision stemmed from a concern among Texans about limiting the power of the legislature, as legislators were historically viewed with suspicion by the public. The creation of a plural executive also limited the power of the governor by establishing independently elected executive officials.
The 1876 Constitution also included provisions that were uniquely Texan, many of which were products of the state's unusual history. Some may be traced to Spanish and Mexican influence, including sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights. Other atypical provisions may be attributed to the influences of Jacksonian agrarianism and frontier radicalism.
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Biennial legislative sessions
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since it achieved independence from Mexico in 1836. The document was framed by the Constitutional Convention of 1875 and was ratified on February 15, 1876, by popular vote. It remains the basic organic law of Texas, although it has been amended hundreds of times since.
One of the key features of the 1876 Texas Constitution was the retention of biennial legislative sessions. This meant that the Texas Legislature would meet once every two years, as opposed to annually. This decision was driven by a desire to limit the power of the legislature, which was viewed with suspicion by the public. Biennial legislative sessions were also seen as a way to maintain fiscal responsibility, a key concern in post-Civil War Texas.
The 1876 Constitution established a bicameral legislature, consisting of a Senate with 31 members and a House of Representatives with no more than 150 members. The Constitution outlined the powers and limitations of this legislature in great detail.
The Constitution also emphasised the principle of a plural executive. This meant that the power of the governor was limited by the creation of independently elected executive officials. This was another mechanism to prevent the concentration of power and preserve the integrity of checks and balances within the state government.
The 1876 Texas Constitution also mandated that judges be elected by the people. This was a significant reform aimed at increasing democratic participation and ensuring that those who upheld the law were aligned with community values. This change reflected the public's desire for a more accountable and directly elected governmental structure.
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A bill of rights
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 15 February 1876, and it remains the basic organic law of Texas.
The 1876 Constitution began with a lengthy bill of rights. It declared that Texas was 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. The bill of rights also forbade religious tests for office (except for the acknowledgement of the existence of a Supreme Being), unreasonable searches, and imprisonment for debt. It guaranteed liberty of speech and the press, the right of the accused to obtain bail and to be tried by a jury, and the right of citizens to keep and bear arms.
The legislative article defined the powers and limitations of the legislature in great detail. The legislature was to be composed of two houses: a Senate consisting of 31 members and a House of Representatives never to exceed 150 members. The Constitution emphasised the yearning for popular control of the government in Texas. One way it allowed for this was through the direct election of judges and other public officials. This measure was put in place to allow citizens a direct influence over the judiciary and public offices, granting them the power to elect individuals who best represented their interests. This enhanced democratic participation and popular control over the Texas government.
The 1876 Constitution complied with public opinion. It provided for biennial sessions of the legislature, low salaries for public officials, precinct voting, the abolition of the road tax, and a return to the road-working system. It also provided for a homestead exemption clause, guarantees of a low tax rate, a less expensive, locally controlled, segregated school system, and a less expensive court system. It prohibited the registration of voters and grants of money or bonds to railroads. The document was adequate for a rural people engaged principally in subsistence farming, but not for an urban-industrial-commercial society.
Since its adoption, the 1876 Constitution has been amended hundreds of times. Changes have been made to provisions relating to the legislature, judiciary, public education, and the state's financial system. The basic structure and principles of the Constitution, however, remain in place, reflecting Texas's unique history and influences.
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A plural executive
The 1876 Texas Constitution was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by a popular vote. It is the sixth constitution by which Texas has been governed since it gained independence from Mexico in 1836. The document was designed to meet the needs of a rural population engaged primarily in subsistence farming.
One of the key features of the 1876 Texas Constitution was the creation of a plural executive. This principle limited the power of the governor by establishing independently elected executive officials. The aim was to prevent the concentration of power and preserve the integrity of checks and balances within the state government.
The 1876 Constitution also emphasised the popular election of judges and other public officials. This measure was intended to give citizens direct influence over the judiciary and public offices, allowing them to elect individuals who best represented their interests. This reform enhanced democratic participation and popular control over the Texas government.
The Constitution of 1876 complied with public opinion in several other ways. It provided for biennial sessions of the legislature, low salaries for public officials, precinct voting, the abolition of the road tax, and a return to the road-working system. It also included a homestead exemption clause, guarantees of a low tax rate, a less expensive and locally controlled segregated school system, and a less expensive court system.
The 1876 Texas Constitution has been amended hundreds of times since its ratification due to its tight restrictions. However, it remains the basic organic law of Texas today.
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Balanced budget
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 15 February 1876. The document was ratified by popular vote and remains the basic organic law of Texas.
The 1876 Constitution contains provisions that are unique to Texas, 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.
One of the key features of the 1876 Constitution was its emphasis on fiscal responsibility and a balanced budget. This reflected the political climate of post-Civil War Texas and the desire to limit the power of the legislature. Texans had historically viewed legislators with suspicion, and the biennial legislative session approach was maintained to ensure the Texas Legislature met only once every two years, rather than annually.
The Constitution of 1876 also created a plural executive, which further limited the power of the governor by establishing independently elected executive officials. This was in line with the principle of avoiding the concentration of power and preserving the integrity of checks and balances within the state government.
The 1876 Constitution has been amended numerous times since its implementation and is now considered one of the most disorganized and confusing state constitutions. However, it remains the governing document of Texas, reflecting the state's unique history and the desire for fiscal responsibility and balanced governance.
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Frequently asked questions
The 1876 Constitution is the sixth constitution by which Texas has been governed since independence from Mexico in 1836. It remains the basic organic law of Texas.
The 1876 Constitution emphasised popular control of the government in Texas. It also complied with public opinion, providing for biennial sessions of the legislature, low salaries for public officials, precinct voting, abolition of the road tax, guarantees of a low tax rate, and a less expensive court system.
The 1876 Constitution was influenced by the state's unusual history, including Spanish and Mexican influences. It also reflected the lack of faith in the government that the delegates had formed during the Reconstruction years.
The 1876 Constitution allowed for popular control of the government through the direct election of judges and public officials. This ensured that governmental officials remained responsive to the people, emphasising the principles of democracy and popular sovereignty in Texas.
The 1876 Constitution has been amended hundreds of times due to its tight restrictions. Changes have been made to articles relating to the legislature, judiciary, public education, and the state's financial system.
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