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 February 15, 1876, by a vote of 136,606 to 56,652. The constitution remains in force and is the second-longest state constitution in the United States. Since 1876, the legislature has proposed 680 constitutional amendments, and 677 have gone before Texas voters. The Texas Constitution of 1876 provided for the establishment of the University of Texas and abolished the office of the state superintendent, among other changes.
| Characteristics | Values |
|---|---|
| Date of adoption | February 15, 1876 |
| Number of amendments since 1876 | 498 (as of 2017) |
| Number of sections added since 1876 | 216 |
| Number of sections removed since 1876 | 117 |
| Length | Second-longest state constitution in the U.S. |
| Level of government detail | Highly detailed |
| Level of restriction | Highly restrictive |
| Level of organization | Disorganized and confusing |
| Number of constitutional conventions since 1876 | 1 (in 1974) |
| Number of attempts to replace the constitution | 1 |
| Number of proposed amendments | 680 (since 1876) |
| Number of amendments approved by voters | 498 (since 1876) |
| Number of amendments defeated | 179 (since 1876) |
| Number of amendments that didn't make the ballot | 3 (since 1876) |
| Number of unique provisions | Several |
| Number of sections in Article 1 (Bill of Rights) | 29 (originally), 33 (currently) |
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What You'll Learn
It established the structure and function of the government of Texas
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 drafted by the Constitutional Convention of 1875 and adopted on February 15, 1876, by a vote of 136,606 to 56,652. The constitution remains the basic organic law of Texas and establishes the structure and function of the government of Texas.
The structure of the document is a preamble, 17 articles, and 498 amendments (as of the 2017 Constitutional election). Article 1 is the Texas Constitution's bill of rights, which originally contained 29 sections, with four additional sections having been added since. Some of the provisions in Article 1 concern specific fundamental limitations on the power of the state government. Importantly, the protections offered by the Texas Bill of Rights apply solely to actions by the Texas government.
The Texas Constitution of 1876 provided for the establishment of the University of Texas and authorized 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 as a perpetual fund all proceeds from lands previously granted to schools and from the sale of half of all other public lands. The document abolished the office of the state superintendent, established a board of education composed of the governor, comptroller, and secretary of state, eliminated compulsory attendance, and provided for segregated schools.
The Texas Constitution of 1876 also included provisions relating to the state's financial system, suffrage requirements, the method of chartering municipal corporations, and the terms of office for state and local officials. Since 1876, the legislature has proposed numerous constitutional amendments, with most being due to the document's highly restrictive nature. Despite attempts to overhaul or replace it, the Texas Constitution of 1876 remains in force today, reflecting the state's unusual history and serving as the foundation of Texas government.
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It outlined the basic rights of Texas citizens
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 contains some provisions that are unique to Texas, many of which are products of the state's unusual history.
The Texas Constitution of 1876 outlined the basic rights of Texas citizens. It is the document that establishes the structure and function of the government of the U.S. state of Texas and enumerates the basic rights of its citizens. The constitution is the second-longest state constitution in the United States and is one of the most amended, with over 500 amendments since its adoption.
The constitution explicitly provides for the separation of powers and incorporates its bill of rights directly into the text of the constitution (as Article I). The bill of rights is considerably lengthier and more detailed than the federal Bill of Rights and includes some provisions not included in the federal Constitution. For example, it 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 Texas Constitution of 1876 also made changes to the state's financial system, permitting the adoption of new expenditure programs and the exploitation of new sources of revenue. It also revamped basic suffrage requirements, altered the method of chartering municipal corporations, lengthened the term of office for many state and local officials, and established an ever-growing number of specifically allocated funds in the state treasury.
In addition, the constitution authorized the legislature to levy a poll tax of one dollar on all male inhabitants between the ages of twenty-one and sixty and to appropriate not more than one-fourth of the general revenue. It also set aside as a perpetual fund all proceeds from lands previously granted to schools, including all the alternate sections of land already reserved for the state or afterward reserved out of grants to railroads or other corporations.
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It reflected the lack of faith in the government due to the Reconstruction years
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 reflection of the lack of faith in the government due to the Reconstruction years.
The Reconstruction period in Texas was a tumultuous time for the state's constitution. After the Confederacy was defeated, Texas underwent a period of Congressional Reconstruction, with its constitution being amended multiple times. The Constitution of 1869, drafted under the supervision of the U.S. military, expanded civil rights protections for formerly enslaved people and centralized power in the state government to enforce federal Reconstruction policies. However, this centralization of authority and the perceived excesses of the Reconstruction-era government led to widespread discontent.
By 1875, Reconstruction was coming to an end, and Democrats, including many former Confederates, had regained power in Texas. They sought to undo the acts of 1869 and reduce government spending. The delegates of the 1875 Constitutional Convention held negative views of the government due to their experiences during Reconstruction. This sentiment is reflected in the 1876 Constitution, which slashed the power, salaries, and terms of office for officials. The document also contained provisions that were uniquely Texan, influenced by the state's history, Spanish and Mexican law, Jacksonian agrarianism, and frontier radicalism.
The Texas Constitution of 1876 has been amended hundreds of times since its adoption and remains one of the longest and most amended state constitutions in the U.S. It has been criticised for its outdated structure and frequent need for amendment, but Texans have continued to uphold it. The constitution stipulates that the state of Texas only has the powers explicitly granted to it, resulting in numerous amendments to accommodate changing needs. Despite attempts to replace it, the 1876 Constitution remains the foundation of Texas's government today.
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It included provisions relating to the state's financial system
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. It remains the basic organic law of Texas.
The Constitution of 1876 included provisions relating to the state's financial system. It authorized the legislature to levy a poll tax of one dollar on all male inhabitants between the ages of 21 and 60 and to appropriate not more than one-fourth of the general revenue. 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 set aside as a perpetual fund all proceeds from lands previously granted to schools, including all the alternate sections of land already reserved for the state or afterward reserved out of grants to railroads or other corporations. It also set aside the proceeds from the sale of one-half of all other public lands. These provisions ensured that the state's educational institutions had a dedicated source of funding.
The Constitution of 1876 has been amended over 500 times since its adoption, making it one of the most amended state constitutions in the US. Texans have continued to uphold this constitution despite its need for frequent amendments and occasional obscurity. Attempts to overhaul or replace it entirely have been made throughout the 20th and 21st centuries, but none have succeeded.
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It was amended hundreds of times
The Texas Constitution of 1876 has been amended hundreds of times, making it one of the most amended state constitutions in the US. Since 1876, 216 new sections have been added, while 66 original sections and 51 added sections have been removed.
The Texas Legislature has proposed 680 constitutional amendments, with 677 put to a vote. Of those, 498 have been approved by the electorate, 179 defeated, and three never made it to the ballot. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, with 530 approved by the electorate, 181 defeated, and three that never made it to the ballot.
The constitution is highly restrictive, stipulating that the state of Texas has only those powers explicitly granted to it. This is in contrast to the federal Necessary and Proper Clause, which gives the federal government certain implied powers.
The Texas Constitution of 1876 contains a bill of rights (Article 1), which includes provisions that outline specific, fundamental limitations on the power of the state government. Notably, the protections offered by the Texas Bill of Rights apply only to actions by the Texas government. The Texas Bill of Rights is considerably lengthier and more detailed than the federal Bill of Rights and includes some unique provisions. For example, Section 12 recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances.
Other amendments have altered provisions relating to the state's financial system, permitting new expenditure programs and revenue sources. Amendments have also revamped suffrage requirements, altered the method of chartering municipal corporations, lengthened the terms of office for state and local officials, and established numerous specifically allocated funds in the state treasury.
Despite attempts to overhaul or replace the Texas Constitution of 1876, it remains the foundation of Texas government today.
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Frequently asked questions
The Texas Constitution of 1876 is a document that outlines the structure and function of the Texas government and the basic rights of its citizens. It is the seventh constitution in Texas history and was adopted on February 15, 1876.
The Texas Constitution of 1876 contains a bill of rights that applies solely to the state of Texas and includes provisions such as the prohibition of religious tests for officeholders. It also includes sections on land titles and law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights. The document also provided for the establishment of the University of Texas.
The Texas Constitution of 1876 has been amended hundreds of times since its adoption. As of 2017, there have been 498 amendments, with 216 new sections added and 117 sections removed. Amendments have been made to address issues such as expenditure programs, suffrage requirements, and the term of office for officials.
