Malcolm Rivera
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 February 15, 1876, by a vote of 136,606 to 56,652. The constitution contains some provisions that are uniquely Texan, many of which are products of the state's unusual history. The Texas Constitution of 1876 begins with a lengthy bill of rights, declaring Texas a free and independent state, subject only to the Constitution of the United States, and guaranteeing rights such as liberty of speech and press, and the right to keep and bear arms. The document also includes provisions on public education, the state's financial system, and suffrage requirements. Over time, the Texas Constitution of 1876 has been amended hundreds of times to address emerging state needs and modernise the document.
| Characteristics | Values |
|---|---|
| Date of Adoption | 15 February 1876 |
| Position in Series | Sixth constitution since Texas' independence from Mexico in 1836; seventh in Texas history |
| Length | Second-longest state constitution in the U.S. |
| Amendments | Amended over 500 times; 216/217 new sections added, 66 original sections removed, and 51 added sections removed |
| Nature | Highly restrictive; reflects a deep mistrust of government power |
| Legislative Branch | Bicameral legislature with a Senate (31 members) and a House of Representatives (up to 150 members) |
| Bill of Rights | Includes provisions on freedom of speech and press, right to bear arms, right to a jury trial, and more |
| Judiciary | Article on the judiciary has undergone significant changes and has been almost entirely rewritten |
| Public Education | Limitations on public education have been removed, allowing for the expansion of the public school system |
| State's Financial System | Altered to permit new expenditure programs and new sources of revenue |
| Suffrage | Basic suffrage requirements have been revamped |
| Governance | Reduced the power of officials and their salaries and terms of office |
| Segregation | Provided for segregated schools |
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What You'll Learn
- The Texas Constitution of 1876 is the sixth constitution since Texas's independence from Mexico in 1836
- It contains a lengthy bill of rights, including freedom of speech and press, and the right to keep and bear arms
- The constitution outlines specific limitations on the power of the state government
- It has been amended hundreds of times since 1876, with 216 new sections added and 66 original sections removed
- The document reflects a deeply rooted mistrust of government power, with many restrictions on the legislature's ability to act
The Texas Constitution of 1876 is the sixth constitution since Texas's independence from Mexico in 1836
The bill of rights also forbids religious tests for office (except for the acknowledgement of a Supreme Being), unreasonable searches, and imprisonment for debt. It guarantees liberty of speech and press, the right of the accused to obtain bail and be tried by a jury, and the right of citizens to keep and bear arms. The Texas Constitution of 1876 also defines the powers and limitations of the legislature, which is to be composed of two houses: a Senate of 31 members and a House of Representatives not to exceed 150 members.
The document also contains provisions that are uniquely Texan, influenced by the state's history and culture. These include sections on land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights. The Constitution of 1876 has been amended hundreds of times since its adoption, making it one of the most amended state constitutions in the US.
The Texas Constitution of 1876 remains the foundation of Texas government today, despite attempts to replace it with a modern document. It is among the longest state constitutions in the US and has been criticised for its disorganisation and confusion. However, Texans have continued to hold on to it due to its significance and the state's unique history.
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It contains a lengthy bill of rights, including freedom of speech and press, and the right to keep and bear arms
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 February 15, 1876, by a vote of 136,606 to 56,652. Texas still operates under the 1876 constitution today, although it has been amended hundreds of times.
The Texas Constitution of 1876 begins with a lengthy bill of rights. 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 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.
The bill of rights also guarantees freedom of speech and press. Specifically, it states that "every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press."
In addition, the bill of rights includes the right to keep and bear arms. This is stated in Section 23, which provides that "every citizen shall have the right to keep and bear arms in the lawful defence of himself or the State; but the Legislature shall have the power, by law, to regulate the wearing of arms, with a view to prevent crime."
Overall, the Texas Constitution of 1876 reflects a deeply rooted mistrust of government power and has been amended frequently to address emerging state needs.
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The constitution outlines specific limitations on the power of the state government
The Texas Constitution of 1876 is the second-longest state constitution in the United States, and it has been amended over 500 times since its adoption. It was drafted in 1875 and ratified in 1876, replacing the unpopular Constitution of 1869. The 1875 convention was dominated by Democrats, many of whom were former Confederates seeking to restore local control and reduce government spending. The resulting document reflects a deeply rooted mistrust of government power and contains numerous limitations on state authority, including:
Separation of Powers
The Texas Constitution of 1876 provides for a separation of powers between the legislative, executive, and judicial branches of the state government, prohibiting each branch from encroaching on the powers of the others.
Limitations on the Legislature
The constitution includes detailed provisions defining the powers and limitations of the legislature, including requirements for a quorum to do business and origination of bills. It also removed existing limitations on legislative action, allowing for the expansion of the public school system and the adoption of new expenditure programs.
Rights and Protections
The constitution includes a lengthy bill of rights that outlines specific limitations on the power of the state government and guarantees certain rights and protections for citizens, such as the right to habeas corpus, freedom of speech and press, the right to keep and bear arms, and the prohibition on unreasonable searches.
Decentralization of Government
The constitution includes provisions to decentralize the state government and reduce the power of officials, including shorter terms and lower salaries for elected officials and the removal of burdensome details from the governor's office.
Land and Resource Rights
The Texas Constitution of 1876 also includes provisions on land titles and land law, debtor relief, water and mineral rights, and marital relations and adoption. These provisions reflect the unique history and influences of the state, including Spanish and Mexican influence.
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It has been amended hundreds of times since 1876, with 216 new sections added and 66 original sections removed
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since independence from Mexico was achieved 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, and it remains the basic organic law of Texas.
The Texas Constitution of 1876 has been amended hundreds of times since its adoption. Specifically, from 1876 to 2017, the Texas Legislature proposed 673 constitutional amendments, with 491 being approved by the electorate and 179 defeated. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, with 530 approved by the electorate, 181 defeated, and three never making it to the ballot. This means that since 1876, 216 or 217 new sections have been added to the constitution, while 66 of the original sections and 51 of the added sections have been removed. The Texas Constitution today has 389 sections.
The reason for the large number of amendments is due to the document's highly restrictive nature. The constitution stipulates that the state of Texas has only those powers explicitly granted to it, and there is no counterpart of the federal Necessary and Proper Clause. The Texas Constitution of 1876 reflects a deep-rooted mistrust of government power, and it imposed numerous limitations on state authority, fragmented executive power, and restricted the legislature's ability to act outside narrow boundaries.
Some notable amendments to the Texas Constitution of 1876 include the addition of Section 32 in 2005, which prohibited state recognition of same-sex marriage, and the amendment abolishing the office of State Treasurer and transferring its duties to the Texas Comptroller of Public Accounts office.
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The document reflects a deeply rooted mistrust of government power, with many restrictions on the legislature's ability to act
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 reflects a deep-rooted mistrust of government power, with many restrictions on the legislature's ability to act. This is evident in the numerous limitations imposed on state authority and the fragmentation of executive power. The constitution has been amended hundreds of times due to its restrictive nature, making it one of the most amended state constitutions in the US.
The constitution's mistrust of government power can be traced back to the widespread discontent with the centralised authority and perceived excesses of the Reconstruction-era government. The delegates who framed the constitution in 1875 were primarily Democrats, many of whom were former Confederates seeking to restore local control and reduce government spending. As a result, the document imposed tight restrictions on the legislature, limiting its ability to act outside narrow boundaries.
One example of the restrictions imposed by the Texas Constitution of 1876 is the provision that 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 land grants and public land sales for education. Additionally, the document abolished the office of state superintendent and established a board of education composed of the governor, comptroller, and secretary of state.
The Texas Constitution of 1876 also included a lengthy bill of rights, guaranteeing freedoms such as liberty of speech and press, the right to keep and bear arms, and the right of the accused to obtain bail and be tried by a jury. The legislative article defined the powers and limitations of the legislature in great detail, specifying that it should be composed of two houses: a Senate of 31 members and a House of Representatives not exceeding 150 members.
The highly restrictive nature of the Texas Constitution of 1876 has led to frequent amendments to address emerging state needs. From 1876 until 2017, the legislature proposed 673 constitutional amendments, with 491 being approved by the electorate. While attempts have been made to draft a new constitution or significantly revise the existing one, none have been successful. As a result, Texas still operates under the 1876 constitution today, with numerous amendments added over time.
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