Simone Lawson
The Texas Constitution has had a long and dynamic history, with the current version being the seventh constitution since Texas' independence from Mexico in 1836. The first constitution of the newly independent Republic of Texas was a short document modelled after the U.S. Constitution. Since then, Texas has seen numerous constitutional revisions, with the current version being in place since 1876. The length of the Texas Constitution has expanded significantly over time, with the addition of numerous amendments addressing the state's growth and economic diversification. The Texas Constitution is now the second-longest state constitution in the U.S., outlining the structure and function of the Texas government and the rights of its citizens.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 7 |
| Current Constitution | Sixth constitution |
| Date of Adoption of Current Constitution | February 15, 1876 |
| Number of Sections | 34 |
| Length | Second-longest state constitution in the United States |
| Notable Aspects | Creates Texas' free public school system, outlines limitations on the power of the state government, includes a bill of rights |
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What You'll Learn
Texas Constitution of 1876
The Texas Constitution has gone through several iterations since the state's independence from Mexico in 1836. The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since independence, and it remains the basic organic law of Texas. The current Texas Constitution was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by a vote of 136,606 to 56,652.
The 1876 Constitution contains some provisions that are unique to Texas, many of which are products of the state's unusual history. Some may be traced back to Spanish and Mexican influence, including sections dealing with land titles, land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights. Other atypical provisions can be attributed to the influences of Jacksonian agrarianism and frontier radicalism, prevalent when Texas first became a state.
The 1876 Constitution began with a lengthy bill of rights, declaring Texas a free and independent state, subject only to the Constitution of the United States. It affirmed that all free men have equal rights and that the writ of habeas corpus could not be suspended or unduly delayed. It also forbade religious tests for office (except for the acknowledgement of a Supreme Being), unreasonable searches, and imprisonment for debt. Additionally, it guaranteed liberty of speech and the press, the right of the accused to obtain bail and a jury trial, and the right of citizens to keep and bear arms.
The 1876 Constitution also included a detailed legislative article, vesting legislative power in a bicameral legislature consisting of a Senate (with 31 members) and a House of Representatives (with no more than 150 members). This article outlined the qualifications of senators and representatives and regulated the legislative process, including quorum requirements and the process for originating bills. It also contained substantive limitations on the power of the legislature and outlined specific exceptions to those limitations.
Since its adoption in 1876, the Texas Constitution has been amended hundreds of times, with 216 new sections added and 66 original sections removed. Changes have been made to articles on the judiciary, public education, the state's financial system, suffrage requirements, and the structure and powers of various government offices. Despite its need for frequent amendment, Texans have continued to adhere to the framework of the 1876 Constitution, which reflects the state's unique history and values.
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Texas' free public school system
The Texas Constitution, at around 84,000 words, is the second-longest state constitution in the United States, and it contains a number of provisions that relate to the state's public education system. The Texas Constitution establishes a commitment to education and outlines the structure and responsibilities of the state's public school system.
Article VII of the Texas Constitution, titled "Education," lays out the foundation of the state's public education system. It begins by emphasizing the importance of a free public school system, stating that "a general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools."
This article goes on to outline the specifics of the public school system, including the creation of a State Board of Education and a State Board of Education Administration, which are responsible for managing and controlling the public school system. It also specifies that the state shall be divided into a number of school districts, with each district having the power to raise additional funds to support their schools through local taxation.
Furthermore, the Texas Constitution guarantees a number of rights and protections for students and educators. It ensures that public school doors are open to all students between the ages of 5 and 21, providing them with an opportunity to gain a basic education. The constitution also outlines the qualifications required for teachers and allows the state to establish a retirement system for them.
In addition to the provisions in Article VII, other sections of the Texas Constitution touch on education-related matters. For instance, the constitution prohibits any religious or sectarian test as a qualification for a public office or public school enrollment, thus ensuring religious freedom in the state's educational institutions.
Overall, the Texas Constitution plays a crucial role in shaping the state's public school system, guaranteeing a free and efficient education for all students and establishing a framework for the system's management and funding. The length and detail of the constitution's education-related provisions reflect the importance Texas places on providing a quality education for its residents.
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Legislative power
The Texas Constitution establishes the structure and function of the government of the state of Texas and enumerates the basic rights of its citizens. The current Texas Constitution, framed by the Constitutional Convention of 1875, was adopted on February 15, 1876, and is the seventh constitution in Texas history. It is the second-longest state constitution in the United States.
The Texas Constitution of 1876 vests the legislative power of the state in the "Legislature of the State of Texas", which consists of the state's Senate and House of Representatives. The Senate is to consist of thirty-one members, and the House of Representatives is not to exceed 150 members.
The constitution lists the qualifications required of senators and representatives and regulates many details of the legislative process. It defines the powers and limitations of the legislature in great detail. Notably, it contains many substantive limitations on the power of the legislature and a large number of exceptions to those limitations. For example, it limits the power of the Legislature to incur debt to only specific purposes as stated in the Constitution.
Two-thirds (2/3) of the elected members in either chamber constitutes a quorum to do business therein, contrary to the provision for the United States Congress, which requires only a majority. A smaller number in each chamber is empowered to adjourn from day to day and compel the attendance of absent members.
Either house may originate bills, but bills to raise revenue must originate in the House of Representatives. A bill can take effect immediately upon the Governor's signature if the bill passes both chambers by a two-thirds vote, unless otherwise specified in the bill. If the bill does not pass by this majority, it takes effect on the first day of the next fiscal year.
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Limitations on the power of the state government
The Texas Constitution is the second-longest state constitution in the United States, and it has been amended over 500 times since its adoption in 1876. It is a document that establishes the structure and function of the government of Texas and outlines the basic rights of its citizens. The constitution reflects a deep-rooted mistrust of government power and imposes several limitations on the power of the state government.
Article 1 of the Texas Constitution, also known as the Bill of Rights, contains several sections that restrict the power of the state government and protect the rights of citizens. Section 4, for example, prohibits religious tests for public officeholders, while also including conflicting language about the acknowledgment of a Supreme Being. Section 6-a protects religious services, stating that the state shall not prohibit or limit religious gatherings. Section 8 guarantees freedom of speech and press, ensuring that no law shall curtail the liberty of expression. Section 12 recognizes the right to habeas corpus and prohibits its suspension under any circumstances.
Article 2 of the Texas Constitution provides for the separation of powers between the legislative, executive, and judicial branches of the state government, preventing each branch from encroaching on the powers of the others. This fragmentation of power limits the state government's ability to act outside narrow boundaries.
Article 3, the longest article in the constitution, vests the legislative power in the Legislature of the State of Texas, which consists of the state's Senate and House of Representatives. This article includes numerous limitations on the power of the legislature, such as the requirement for a two-thirds majority in either chamber to constitute a quorum, which is a higher threshold than in the United States Congress.
Other sections in the Texas Constitution also impose limitations on the state government. For instance, Section 49 limits the power of the Legislature to incur debt only for specific purposes stated in the Constitution. Sections 2 and 3 of Article 1 affirm that all political power is inherent in the people and that all freemen have equal rights, respectively.
In summary, the Texas Constitution, with its lengthy history and numerous amendments, reflects a cautious approach to government power. Through provisions in Articles 1, 2, and 3, as well as other sections, it establishes clear limitations on the authority of the state government, safeguarding the rights and freedoms of Texans.
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Texas' independence from Mexico
The Texas Constitution is the second-longest state constitution in the United States. It establishes the structure and function of the government of Texas and outlines the basic rights of its citizens. The current version is the seventh constitution in Texas history, which includes the Mexican constitution when Texas was still part of Mexico.
Texas has a long history of political upheaval and has gone through several constitutions. The Texas Revolution, a war fought between Mexico and Texas colonists, resulted in Texas's independence from Mexico and the founding of the Republic of Texas, which lasted from 1836 to 1845. The revolution began in October 1835 and ended in April 1836. It was sparked by political and cultural clashes between the Mexican government and the increasing number of Anglo-American settlers in Texas. The Mexican government had become increasingly centralized, and the rights of its citizens, particularly regarding immigration from the United States, were curtailed. Mexico had officially abolished slavery in Texas in 1829, but many Anglo Texans wanted to maintain the institution of slavery, which was a significant cause of secession.
The Texas Declaration of Independence and the Constitution of the Republic of Texas were the first governing documents of the Republic of Texas after it gained independence from Mexico. This constitution was a short document based heavily on the U.S. Constitution. It was never amended and was only in effect for a few years before Texas joined the United States in 1845. This led directly to the Mexican-American War.
The Texas Constitution has continued to evolve, with the current version being adopted on February 15, 1876. It is a detailed document that includes unique provisions specific to Texas, such as the creation of Texas' free public school system and school funding system. The Texas Bill of Rights offers protections to Texans that are similar to those in the U.S. Bill of Rights but are often more detailed and specific to the state.
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Frequently asked questions
The Texas Constitution is the second-longest state constitution in the United States. It has not been revised since its ratification in 1876 but has expanded with numerous amendments.
The Texas Constitution establishes the structure and function of the government of Texas and enumerates the basic rights of its citizens.
Texas has had seven constitutions. The current constitution, adopted in 1876, is the sixth constitution since Texas gained independence from Mexico in 1836.
The Texas Constitution of 1876 is notable for its lengthy bill of rights, which includes uniquely Texan provisions, such as sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights.
