Omar Bennett
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, and it remains the basic organic law of Texas. The constitution contains a lengthy bill of rights, which guarantees freedom of speech and press, freedom of worship, and equal rights, among other liberties. The document also imposed limitations on state authority, fragmented executive power, and restricted the legislature's ability to act outside narrow boundaries.
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What You'll Learn
Freedom and sovereignty of the state
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since its independence from Mexico in 1836. It was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by popular vote. The document was ratified the following year and remains the foundation of Texas government today.
The Constitution of 1876 begins with a lengthy bill of rights. It declares Texas a free and independent state, subject only to the Constitution of the United States. The maintenance of free institutions and the perpetuity of the Union depend on the preservation of the right of local self-government for all the states. All political power is inherent in the people, and all free governments are founded on their authority and instituted for their benefit. The people of Texas are pledged to the preservation of a republican form of government, and they have the inalienable right to alter, reform, or abolish their government as they see fit.
The Constitution guarantees equal rights for all free men, and no man or set of men is entitled to exclusive separate public privileges. It forbids religious tests for office (except for the acknowledgement of the existence of a Supreme Being), unreasonable searches, and imprisonment for debt. It guarantees freedom of speech, freedom of the press, freedom of worship, and the right of citizens to keep and bear arms. It also guarantees the right of the accused to obtain bail and to be tried by an impartial jury.
The Constitution of 1876 reflects a deep mistrust of government power and places numerous limitations on state authority. It fragments executive power and restricts the legislature's ability to act outside narrow boundaries. The document provides 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 includes 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 Texas Constitution of 1876 has been amended over 500 times since its adoption and is one of the most amended state constitutions in the United States.
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Freedom of worship
The Texas Constitution of 1876, which came into effect on February 15, 1876, is the sixth constitution of Texas since its independence from Mexico in 1836. It contains a lengthy bill of rights, which includes the freedom of worship.
The constitution guarantees freedom of worship in Section 6 of the Bill of Rights. It states that "all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences". This means that individuals are free to practice their religion as they see fit, without interference from the state or any other authority.
The section also prohibits compulsory participation in religious activities, stating that no one shall be compelled to "attend, erect or support any place of worship, or to maintain any ministry against his consent". This ensures that individuals cannot be forced to participate in religious practices or support religious institutions against their will.
Additionally, the constitution mandates that no preference shall be given by law to any particular religious society or mode of worship. The legislature is tasked with passing laws to protect the equal enjoyment of religious practices by all denominations. This ensures that the state remains neutral in religious matters and treats all religious groups equally.
The freedom of worship provision in the Texas Constitution of 1876 reflects the importance placed on religious liberty and the separation of church and state. It guarantees the right of individuals to practice their religion freely and without interference, while also ensuring that the state does not favour any particular religion over another.
Overall, the freedom of worship section in the Texas Constitution of 1876 provides strong protections for religious liberty and ensures that Texans are free to worship according to their own beliefs and consciences.
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Freedom of speech and press
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 provisions that are unique to Texas, many of which are influenced by the state's history, including Spanish and Mexican influences.
The Constitution of 1876 begins with a lengthy bill of rights, which includes the freedom of speech and press. Section 8 of the Bill of Rights 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."
This section guarantees the right of every person to express their opinions freely and prohibits any law that would restrict this freedom. However, it also emphasizes the responsibility that comes with this privilege, holding individuals accountable for any abuse or misuse of their freedom of speech.
The freedom of speech and press provision in the Texas Constitution of 1876 is similar to the First Amendment of the United States Constitution, which states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press." Both documents recognize the importance of protecting the freedom of expression and safeguarding individuals' right to share their thoughts and ideas without interference from the government.
In addition to freedom of speech and press, the Texas Constitution of 1876 also guarantees other liberties, such as freedom of worship, equal rights, the right to keep and bear arms, and protection from unreasonable searches and seizures. These rights are enshrined in the Bill of Rights, which forms the foundation of the constitution and outlines the fundamental freedoms enjoyed by the people of Texas.
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Equality and liberty
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 popular vote. The Constitution of 1876 complied with public opinion, reflecting a deep mistrust of government power. It imposed numerous limitations on state authority, fragmented executive power, and restricted the legislature's ability to act outside narrow boundaries.
The 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, and that all free men have equal rights. The bill of rights also guarantees freedom of worship, with all men having the right to worship according to their conscience, and no religious society or mode of worship given preference over another.
The Constitution also guarantees freedom of speech and press, with every person having the liberty to express their opinions, and no law to be passed curtailing this freedom. It also forbids unreasonable searches and seizures, with people to be secure in their persons, houses, papers, and possessions. The right of citizens to keep and bear arms is also guaranteed.
The Constitution of 1876 has been amended over 500 times since its adoption, reflecting the changing needs of the state. It has been criticised as being disorganised and confusing due to its highly restrictive nature and frequent amendments. Despite this, it remains the foundation of Texas government today.
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Local self-government
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since its independence from Mexico in 1836. It was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by popular vote. The document was ratified the following year and remains the foundation of Texas government today.
The Constitution of 1876 contains a lengthy bill of rights, which guarantees the freedom and sovereignty of Texas as a state. It declares that Texas is a free and independent state, subject only to the Constitution of the United States, and that the maintenance of its free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government.
The right of local self-government is a fundamental principle enshrined in the Texas Constitution of 1876. It reflects the belief that political power is inherent in the people and that all free governments are founded on their authority. The people of Texas have the inalienable right to alter, reform, or abolish their government as they see fit. This right of local self-government is protected at the state level, with the state constitution imposing limitations on the power of the state government and restricting the legislature's ability to act outside narrow boundaries.
The Texas Constitution of 1876 also provides for the separation of powers between the legislative, executive, and judicial branches of the state government. It establishes a bicameral legislature, with a Senate and a House of Representatives, and slashes the power and salaries of officials. The constitution reflects a deep mistrust of government power and the desire for local control, which was particularly pronounced during the Reconstruction era.
The preservation of the right of local self-government is essential to maintaining the freedom and independence of Texas as a state. It ensures that the people of Texas have the authority to shape their government and determine the course of their state, within the framework established by the United States Constitution. This right has been a cornerstone of Texas governance since its early constitutions and continues to shape the state's political landscape.
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Frequently asked questions
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, and it remains the basic organic law of Texas.
The Texas Constitution of 1876 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, freedom of worship, 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 also guaranteed liberty of speech and press, the right of citizens to keep and bear arms, and the right of the accused to obtain bail and to be tried by a jury.
The Constitution of 1876 complied with public opinion. It provided for biennial sessions of the legislature, low salaries for public officials, precinct voting, abolition of the road tax, and a return to the road-working system. It also prohibited the registration of voters and grants of money or bonds to railroads.
The Texas Constitution of 1876 has been amended over 500 times and is one of the most amended state constitutions in the US. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by the electorate. Changes have been made to the judiciary, public education, and provisions relating to the state's financial system.
