Omar Bennett
The Texas Constitution of 1876 is the foundational governing document of the State of Texas, outlining the structure and function of its government and the basic rights of its citizens. It is the seventh constitution in Texas history and was written in reaction to the perceived abuses of the 1869 Constitution. The 1876 Constitution is a lengthy, restrictive document that acts as a check on state government power and contains provisions that are uniquely Texan, influenced by the state's history, including Spanish and Mexican influence, Jacksonian agrarianism, and frontier radicalism.
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What You'll Learn
Public opinion
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since it 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. Texas still operates under this constitution today, although it has been amended hundreds of times and is now considered one of the most disorganized and confusing state constitutions.
The Texas Constitution of 1876 reflected the public opinion of Texans at the time of its drafting. It complied with public opinion by providing for:
- Biennial sessions of the legislature
- Low salaries for public officials
- Precinct voting
- Abolition of the road tax
- A return to the road-working system
- Homestead exemption clause
- Guarantees of a low tax rate
- A less expensive, locally controlled, segregated school system
- A less expensive court system
- County and justice of the peace courts
- Popular election of officers
- Prohibition of voter registration 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. Very few changes were made during the first half-century of the constitution's existence, but since then, it has been amended at a steadily increasing rate.
The Constitution of 1876 was also influenced by the unique history of Texas, including Spanish and Mexican influence, Jacksonian agrarianism, and frontier radicalism. It contained a lengthy bill of rights, declaring Texas a free and independent state, subject only to the Constitution of the United States, and guaranteeing equal rights for all free men, freedom of speech and press, and the right to keep and bear arms, among other provisions.
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Limitations on state power
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. The constitution is a lengthy, restrictive document intended to act as a check on state government power. It substantially restricted the governor's powers and went into great detail on many relatively minor issues. This excessive detail was intended to prevent state officials from taking advantage of vague language to usurp local governance.
The constitution contains several provisions that impose limitations on state power. Article 3 vests the legislative power of the state in the "Legislature of the State of Texas", consisting of the state's Senate and House of Representatives. It also lists the qualifications required of senators and representatives and regulates the legislative process. The article contains many substantive limitations on the power of the legislature and a large number of exceptions to those limitations. Two-thirds (2/3) of the elected members in either chamber constitutes a quorum to do business therein (Section 10), contrary to the provision for the United States Congress, which requires only a majority.
Section 49 ("State Debts") limits the power of the Legislature to incur debt for specific purposes as stated in the Constitution. To allow the Legislature to incur debt for a purpose not stated, numerous amendments have been proposed. The constitution also set aside a perpetual fund from the proceeds of lands previously granted to schools and the sale of public lands. It abolished the office of state superintendent and provided for the establishment of the University of Texas.
The constitution also contains a bill of rights that includes some provisions unique to Texas. It declares that Texas is 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 may not be suspended or unduly delayed. It also guarantees liberty of speech and 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. These rights are protected against infringement by the state of Texas and are applied through the Due Process Clause of the 14th Amendment to the U.S. Constitution.
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Public education
The Texas Constitution of 1876 is the foundational governing document of the State of Texas, outlining the structure and function of the government and the basic rights of its citizens. It is the seventh constitution in Texas history, including the Mexican constitution, and the sixth since Texas gained independence from Mexico in 1836. The 1876 Constitution was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, through a vote. It remains the basic organic law of Texas, despite being amended hundreds of times.
The 1876 Constitution's approach to public education reflected the priorities and perspectives of Texans at the time. The establishment of a board of education and the allocation of funds for education indicated a recognition of the importance of education. However, the elimination of compulsory attendance and the lack of provision for local school taxes suggest a different set of priorities compared to more recent times.
Over time, the 1876 Constitution's limitations on public education have been removed, allowing for the expansion of the public school system. Amendments have been made to address the specific needs and changing circumstances of the state's education system. This evolution demonstrates Texans' commitment to ensuring a robust and adaptable public education framework.
The Texas Constitution of 1876 has had a lasting impact on the state's public education system, and while amendments have been necessary to keep up with the times, the foundation laid by this document continues to play a crucial role in shaping education in Texas.
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Suffrage requirements
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since it 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, although it has been amended hundreds of times.
The 1876 Constitution was a reaction to the perceived abuses of the 1869 Constitution. It established the pattern of a long and restrictive document intended to act as a check on state government power. It substantially restricted the governor's powers and went into great detail on many relatively minor issues. This excessive detail was intended to prevent state officials from taking advantage of vague language to usurp local governance.
The 1876 Constitution revamped the basic suffrage requirements. It authorised the legislature to levy a poll tax of one dollar on all male inhabitants between the ages of 21 and 60. It also set aside a perpetual fund from the proceeds of lands previously granted to schools and the sale of public lands. The document abolished the office of the state superintendent, founded a board of education composed of the governor, comptroller, and secretary of state, eliminated compulsory attendance, provided for segregated schools, and made no provision for local school taxes.
The 1876 Constitution also contained 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 had equal rights, and that the writ of habeas corpus could not be suspended or unduly delayed. The article 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 of 31 members and a House of Representatives not to exceed 150 members.
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Local governance
The Texas Constitution of 1876 is the foundational governing document of the State of Texas, outlining the structure and function of the government and the basic rights of its citizens. It is the seventh constitution in Texas history and remains in force today, albeit in a much-amended form.
The 1876 Constitution was a reaction to the perceived abuses of the 1869 Constitution. It was intended to restrict the powers of the state government and prevent state officials from taking advantage of vague language to usurp local governance. To achieve this, the document went into great detail on many relatively minor issues.
The Constitution established the state's unusual double supreme court system and included a lengthy bill of rights. It declared Texas a free and independent state, subject only to the Constitution of the United States, and guaranteed equal rights for all free men. It also included provisions on land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights.
The legislative article defined the powers and limitations of the legislature, which was to consist of a Senate of 31 members and a House of Representatives of no more than 150 members. The document also authorized the legislature to levy a poll tax of one dollar on all male inhabitants between the ages of 21 and 60.
In the area of education, the 1876 Constitution abolished the office of state superintendent, founded a board of education composed of the governor, comptroller, and secretary of state, and provided for the establishment of the University of Texas. It also eliminated compulsory school attendance and provided for segregated schools.
The Texas Constitution of 1876 has been amended hundreds of times since its adoption, reflecting the need to keep the document up-to-date with societal changes. Amendments have been made to various areas, including the judiciary, public education, and the state's financial system. Texans have continued to hold on to the Constitution, despite its cumbersomeness and frequent amendment needs, and no successful attempts have been made to replace it.
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Frequently asked questions
The 1876 Texas Constitution was written in reaction to the perceived abuses of the 1869 Constitution. It was intended to act as a check on state government power and restrict the governor's powers.
The 1876 Texas Constitution contained a lengthy bill of rights, which declared Texas to be a free and independent state, subject only to the Constitution of the United States. It also guaranteed liberty of speech and press, the right to keep and bear arms, and the right of the accused to obtain bail and to be tried by a jury. The constitution also included provisions on land titles and land law, debtor relief, judicial procedures, marital relations, and water and mineral rights.
The 1876 Texas Constitution has been amended hundreds of times since its adoption. As of 2024, 216 new sections have been added, while 66 original sections and 51 added sections have been removed. Amendments have been made to address issues such as public education, the state's financial system, suffrage requirements, and the term of office for state and local officials.
