Omar Bennett
The Texas Constitution is one of the largest state constitutions in the US, covering a wide range of specific topics, including local government, taxes, and private property rights. Its length and the ease with which it can be amended mean that it functions more as an adjunct to statutes than a static set of principles. The constitution is highly restrictive, stipulating that the state of Texas only has powers explicitly granted to it. It includes a Bill of Rights, which guarantees freedom of speech and assembly, prohibits religious tests for public officeholders, and ensures the right to bail before trial, among other things. The constitution has been amended almost 500 times, with alterations relating to public education, the state's financial system, suffrage requirements, and the expansion of the public school system.
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What You'll Learn
- The Texas Constitution is one of the most restrictive and verbose state constitutions
- It is detailed and unique, covering local government, taxes, and private property rights
- It includes a lengthy bill of rights, with provisions not in the federal Constitution
- The constitution has been amended nearly 500 times, functioning as an adjunct to statutes
- The 1876 Constitution is still in use, despite its cumbersomeness and need for frequent amendment
The Texas Constitution is one of the most restrictive and verbose state constitutions
The Texas Constitution has been amended nearly 500 times, more than all states except three. This is due to its high level of detail, which means it can easily become outdated and need changing to keep up with societal changes. The constitution stipulates that the state of Texas has only those powers explicitly granted to it, and there is no federal Necessary and Proper Clause counterpart.
The Texas Bill of Rights is more detailed than the US Bill of Rights and contains unique provisions. For example, Section 12 recognizes the writ of habeas corpus as an unqualified right, prohibiting its suspension under any circumstances, while the US Constitution allows suspension in cases of rebellion or invasion. Section 21 prohibits corruption of blood and forfeiture of estates, including in cases of suicide, while the US Constitution limits such forfeitures to cases of treason during the life of the convicted person.
The Texas Constitution also includes provisions on the operation of cities based on population. For instance, a city with a population of 5,000 or fewer has only the powers granted by general law, while a city with a population exceeding 5,000 can adopt a charter under home rule, provided it doesn't conflict with the Texas Constitution or general law. The constitution also guarantees the right to bail for individuals detained before trial, except in capital offenses and other limited circumstances.
In summary, the Texas Constitution is one of the most restrictive and verbose state constitutions due to its length, detail, and numerous amendments. Its unique provisions and specific topics contribute to its restrictive nature, and it functions more as an adjunct to statutes than a static set of governing principles.
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It is detailed and unique, covering local government, taxes, and private property rights
The Texas Constitution is a detailed document that covers a range of topics, including local government, taxes, and private property rights. The constitution begins by establishing Texas as a "free and independent State", subject to the US Constitution, and emphasises the importance of preserving the right of local self-government. It recognises that all political power is inherent in the people and that governments are instituted for their benefit.
In terms of local government, the Texas Constitution guarantees the right of the people to alter, reform, or abolish their government as they see fit. This section also covers the role of the legislature and the power of the state to appropriate funds for various purposes.
The constitution also includes specific provisions for taxation and revenue. It outlines the subjects of taxation and the power of the legislature to require other subjects to be taxed, provided it aligns with the principles established in the constitution. Taxation is to be equal and uniform, with all property, whether real or tangible personal property, taxed in proportion to its value. There are, however, some exemptions from ad valorem taxation. The constitution also specifies how certain revenues, such as those from motor vehicle registration fees and taxes on motor fuels, are to be allocated.
Additionally, the Texas Constitution protects private property rights. It states that no person's property shall be taken, damaged, or destroyed for public use without adequate compensation, unless with the owner's consent. It also guarantees the right to hunt, fish, and harvest wildlife, while still recognising the need for laws to conserve and manage wildlife and preserve the future of these activities.
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It includes a lengthy bill of rights, with provisions not in the federal Constitution
The Texas Constitution is one of the largest state constitutions in the US. It includes a lengthy bill of rights, with provisions not in the federal Constitution, and is notable for including a lot of very specific topics, such as local government, taxes, and private property rights, that many other states leave to their legislatures.
The Texas Constitution's bill of rights is considerably lengthier and more detailed than the federal Bill of Rights. It includes some provisions that outline specific, fundamental limitations on the power of the state government. For example, Section 12 of the Texas Constitution recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances. This differs from the U.S. Constitution, which allows suspension "in Cases of Rebellion or Invasion when the public safety may require it." Section 21 of the Texas Constitution prohibits both corruption of blood and forfeiture of estates, including in cases of suicide, while the U.S. Constitution limits such forfeitures to cases of treason and only during the life of the person convicted. Section 34 affirms the right of Texans to hunt, fish, and harvest wildlife, subject to regulations for wildlife conservation.
The Texas Constitution also includes provisions that are unique to the state's history and needs. For example, Section 32, added in 2005, prohibited state recognition of same-sex marriage. This section became legally unenforceable following the U.S. Supreme Court's decision in Obergefell v. Hodges, which recognized same-sex marriage as a constitutional right. The Texas Constitution also includes provisions related to the state's financial system, public education, and the expansion of the public school system.
The Texas Constitution is also notable for its recognition of counties as legal political subunits of the state, granting certain powers to cities and counties, and empowering the legislature to form special districts. It also includes provisions related to the separation of powers, with Article 2 providing for the separation of powers of the legislative, executive, and judicial branches of the state government, prohibiting each branch from exercising the powers assigned to the others.
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The constitution has been amended nearly 500 times, functioning as an adjunct to statutes
The Texas Constitution has been amended nearly 500 times, making it one of the most frequently amended state constitutions in the US. This is due to its highly restrictive nature and the fact that it covers a wide range of very specific topics, including local government, taxes, and private property rights, which are often left to state legislatures in other states.
The Texas Constitution is also notable for its length and level of detail, resembling a code of laws rather than a constitution. Its many requirements and limitations on state and local governments have resulted in frequent amendments to keep up with societal changes. For example, provisions relating to public education have been altered to permit the expansion of the public school system, and sections have been added to the constitution's bill of rights, which is already considerably lengthier and more detailed than the federal Bill of Rights.
The Texas Constitution's wealth of detail can be traced back to its unique history. After Texas gained independence from Mexico, it adopted a short constitution heavily based on the US Constitution. However, when Texas joined the United States, it redrafted its constitution, making it much longer and more detailed. This new constitution created Texas' free public school system and school funding system.
The Texas Constitution has continued to evolve, with amendments being made to address various issues. For instance, alterations have been made to provisions relating to the state's financial system, allowing for new expenditure programs and revenue sources. Changes have also been made to reduce the burden of detail on the governor's office, revise suffrage requirements, and establish more specifically allocated funds in the state treasury.
Despite the challenges posed by its length and frequent amendments, Texans have maintained the 1876 Constitution, valuing its detailed protections and provisions.
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The 1876 Constitution is still in use, despite its cumbersomeness and need for frequent amendment
The Texas Constitution of 1876 is the seventh constitution in Texas history, and the sixth since Texas gained 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. It remains the basic organic law of Texas.
The 1876 Constitution is a lengthy document that begins with a detailed bill of rights. It declares Texas a free and independent state, subject only to the Constitution of the United States, and affirms that all free men have equal rights. It also includes provisions that are unique to Texas, such as those dealing with land titles and law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights. Some of these may be traced to Spanish and Mexican influence, while others may be attributed to Jacksonian agrarianism and frontier radicalism.
Despite its cumbersomeness and need for frequent amendment, Texans have retained the 1876 Constitution. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by the electorate. The constitution is highly restrictive, stipulating that the state of Texas has only those powers explicitly granted to it. It includes a lengthy bill of rights that outlines specific limitations on the power of the state government. The bill of rights also includes provisions not included in the federal Constitution, such as the unqualified right to habeas corpus and the right to hunt, fish, and harvest wildlife.
The 1876 Constitution has been criticised for hindering efficient governance due to its outdated structure. However, defenders view it as a safeguard against government overreach. Attempts to replace it have been made throughout the 20th and 21st centuries, but none have succeeded.
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Frequently asked questions
The Texas Constitution is the governing document of the State of Texas, which outlines the rights and responsibilities of its citizens and government. It is one of the largest state constitutions in the US, covering a wide range of specific topics such as local government, taxes, and private property rights.
The Texas Constitution has several limitations on the power of the state government. It stipulates that Texas only has the powers explicitly granted to it and does not include a Necessary and Proper Clause like the US Constitution. It also includes a detailed Bill of Rights, which guarantees certain freedoms and rights to the people of Texas.
The Texas Constitution is much longer and more detailed than the US Constitution, resembling a code of laws rather than a constitution. It includes provisions not found in the US Constitution, such as the unqualified right to habeas corpus and the prohibition of corruption of blood and forfeiture of estates in all cases.
Yes, the Texas Constitution has been amended nearly 500 times since its creation, making it one of the most frequently amended state constitutions. This is due to its high level of detail, which can easily become outdated and requires regular updates to keep up with societal changes.
The Texas Constitution has been amended to remove limitations on the public school system, permitting its expansion. It has also been amended to alter provisions relating to the state's financial system, allowing for new expenditure programs and revenue sources. Other amendments have addressed issues such as suffrage requirements, the term of office for officials, and the rights of detainees before trial.
