Omar Bennett
The Texas Constitution, which was adopted in 1876, is the seventh constitution in Texas history. It is the second-longest state constitution in the United States. The constitution has been amended numerous times, with changes made to provisions relating to the legislature, judiciary, public education, and state finances. Despite its frequent need for amendment, Texans have retained the Constitution of 1876. However, there have been several attempts to revise the constitution, including in 1919, 1949, 1957, and 1967. The main argument for rewriting the Texas Constitution is that it is cumbersome, requiring frequent amendment, and occasionally obscure.
| Characteristics | Values |
|---|---|
| Length | Second-longest state constitution in the US |
| Detail | Resembles a code of laws rather than a constitution |
| Amendments | Numerous, mostly dealing with the legislature, judiciary, public education, and state finances |
| Limitations | Many requirements and limitations on state and local governments |
| Interpretability | Some passages are poorly drafted or beyond interpretation |
| Structure | Contains provisions that are uniquely Texan, influenced by Spanish, Mexican, Jacksonian agrarianism, and frontier radicalism |
| Rights | Includes a bill of rights, guaranteeing free speech, liberty of the press, right to bear arms, etc. |
| Legislative Power | Vested in the "Legislature of the State of Texas", consisting of the state's Senate and House of Representatives |
| Quorum | Requires a two-thirds majority in either chamber to do business |
| Bills | Can originate in either house, but bills to raise revenue must originate in the House of Representatives |
| State Debts | Article 10 includes rules for the creation of counties and determining their seats |
| Income Tax | Banned in 2019, requiring a 2/3 majority vote to repeal |
| Workarounds | Legality is debatable, but can be defended as plausible and in good faith |
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What You'll Learn
Length and complexity
The Texas Constitution of 1876 is the seventh constitution in Texas history and the second-longest state constitution in the United States. It is detailed and complex, resembling a code of laws rather than a constitution. It contains provisions that are uniquely Texan, influenced by the state's history, Spanish and Mexican law, Jacksonian agrarianism, and frontier radicalism.
The length and complexity of the Texas Constitution have been a source of debate and attempts at revision. The document is lengthy and detailed, with a wealth of information that can be challenging to navigate. Some passages are poorly drafted, requiring clarification or interpretation, and some provisions are scattered throughout the text, making it difficult to locate specific information. The complexity of the constitution has led to calls for simplification and substantial changes.
One of the main challenges posed by the length and complexity of the Texas Constitution is the need for frequent amendments and clarifications. The constitution has been amended numerous times to address issues related to the legislature, judiciary, public education, and state finances. For example, alterations in provisions relating to public education have removed original limitations and permitted the expansion of the public school system. Changes to the judiciary article have been so significant that it has been almost entirely rewritten.
The complexity of the Texas Constitution can also create obstacles for political actors to achieve their objectives. The document imposes limitations and requirements on state and local governments, making it one of the most restrictive state constitutions. It requires that statutes pass through bicameralism and presentment, and that international treaties be approved by two-thirds of the Senate. The length and complexity of the constitution can make it difficult for political actors to navigate and may slow down the legislative process.
Despite the challenges posed by its length and complexity, Texans have continued to hold on to the Constitution of 1876. There have been several attempts to revise the constitution, but most have been unsuccessful. In 1967, Governor John Connally urged the Legislature to call for a constitutional convention, but instead, a Constitutional Revision Commission was created to study the matter. In 1995, Senator John Montford drafted a streamlined constitution, but his initiative died when he resigned. In 1998, a bipartisan effort produced a rewritten constitution, but it failed to gain support in committee. These examples illustrate the challenges of revising a complex and lengthy constitution, even when there is a desire for change.
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Restrictive nature
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since its independence from Mexico in 1836. It is the second-longest state constitution in the United States. The constitution contains provisions that are unique to Texas, many of which are products of the state's unusual history.
One of the major arguments for rewriting the Texas Constitution is its restrictive nature. The constitution is highly detailed and resembles a code of laws rather than a constitution. Its many requirements and limitations on state and local governments make it one of the most restrictive among state constitutions. The legislative article, for example, defines the powers and limitations of the legislature in great detail. It also lists the qualifications required of senators and representatives and regulates the legislative process. The article contains numerous limitations on the power of the legislature and a large number of exceptions to those limitations. This level of detail and restriction can make it difficult for political actors to achieve their objectives and may hinder governance.
The Texas Constitution's restrictive nature is further evident in its provisions on public education and the state's financial system. The constitution imposes limitations on the expansion of the public school system and the adoption of new expenditure programs. While some of these limitations have been removed through amendments, the process of amending the constitution is cumbersome and time-consuming.
Additionally, the Texas Constitution's restrictive nature can be seen in its requirements for passing statutes. Statutes must pass through bicameralism and presentment, and international treaties require the approval of two-thirds of the Senate. This can slow down the legislative process and make it challenging to enact certain policies.
The length and complexity of the Texas Constitution have led to calls for simplification and substantial changes. In 1967, Governor John Connally urged the Legislature to submit a call for a constitutional convention to voters. While there have been attempts to revise the constitution, including the creation of a Constitutional Revision Commission, these efforts have faced resistance and have not resulted in a complete rewrite.
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Poor drafting
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since achieving independence from Mexico in 1836. It is the second-longest state constitution in the United States.
The constitution has been criticised for its poor drafting. Its wealth of detail causes it to resemble a code of laws rather than a constitution. Its many requirements and limitations on both state and local governments make it one of the most restrictive among state constitutions. Some of its passages are so poorly drafted that they need clarification to be understood, and others have been deemed by the Texas Supreme Court to be beyond interpretation.
The constitution's legislative article, for example, is highly detailed in defining the powers and limitations of the legislature. It also lists the qualifications required of senators and representatives and regulates many details of the legislative process. The article contains many substantive limitations on the power of the legislature and a large number of exceptions to those limitations.
The constitution's length and complexity have resulted in calls for its revision. In 1919, voters overwhelmingly rejected a proposal to call a constitutional convention, with only 23,549 in favour and 71,376 opposed. In 1949, Governor Beauford Jester established a Citizens Committee on the Constitution to promote revision, but it disbanded after failing to persuade the Legislature to act. In 1957, the Legislature directed the Legislative Council to study the matter after pressure from the League of Women Voters and others. An interim report in 1959 found a need for simplification and substantial changes. However, the final report in 1960 concluded that only minor pruning was required.
Despite these criticisms and calls for revision, Texans have retained the Constitution of 1876. Various amendments have been made over time to address specific issues, such as public education, the state's financial system, suffrage requirements, and the terms of office for state and local officials.
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Need for frequent amendments
The Texas Constitution of 1876 is the seventh constitution in Texas history and the second-longest state constitution in the United States. It contains a lengthy bill of rights, which declares Texas a free and independent state, subject only to the Constitution of the United States. It also guarantees liberty of speech and press, the right to keep and bear arms, and equality for all free men.
Despite its comprehensiveness, the Texas Constitution has been criticised for its cumbersomeness and need for frequent amendments. One reason for this is the constitution's wealth of detail, which causes it to resemble a code of laws rather than a constitution. Its many requirements and limitations on state and local governments make it one of the most restrictive among state constitutions.
Over time, numerous amendments have been made to the constitution to address its limitations and keep up with the changing needs of the state. Amendments have been made to provisions relating to the legislature, judiciary, public education, and state finances. For example, alterations in provisions relating to public education have removed original limitations and permitted the expansion of the public school system. Amendments have also been made to relieve the burden of detail imposed on the governor's office, revamp basic suffrage requirements, and alter the method of chartering municipal corporations.
In addition to frequent amendments, there have also been several attempts to revise the Texas Constitution since its inception. In 1919, voters overwhelmingly rejected the idea of calling a constitutional convention. In 1949, Governor Beauford Jester created a Citizens Committee on the Constitution to promote revision, but it disbanded after failing to persuade the Legislature to act. In 1957, the League of Women Voters and others urged the Legislature to take up revision, and a Constitutional Revision Commission was eventually created in 1967 to study the matter. Despite these efforts, Texans have continued to hold on to the Constitution of 1876, with only minor revisions being implemented.
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Influence of Spanish and Mexican law
The Texas Constitution of 1876 is the sixth constitution since Texas gained independence from Mexico in 1836. It contains provisions that are uniquely Texan, influenced by the state's history. Some of these provisions can be traced back to Spanish and Mexican influence, including sections on land titles, land law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights.
Spanish Influence
When Mexico gained independence from Spain in 1821, it initially retained many of the policies of its former colonial ruler. This included the Spanish Constitution of 1812, which granted equal citizenship rights to all races and prohibited the importation of slaves into Spanish territories. The Mexican War for Independence was brutal and destructive, and in its aftermath, the victorious rebels issued a provisional constitution called the Plan de Iguala, which reaffirmed many of the ideals of the Spanish Constitution.
Mexican Influence
Under Mexican rule, Texas operated similarly to Spanish Texas, but the ratification of the 1824 Constitution of Mexico created a federal structure, and Texas was joined with Coahuila to form the state of Coahuila y Tejas. To encourage development, Mexico enacted the General Colonization Law in 1824, which enabled all heads of household, regardless of race, religion, or immigrant status, to acquire land in Mexico. This law was similar to the Spanish colonization law passed just before Mexico gained independence, which did not include a religious requirement for settlers but implied that Catholicism was the only accepted religion.
The Mexican government worked with empresarios, or land agents, to bring settlers to Texas, who would receive vast tracts of land in return. One of the most famous empresarios was Stephen F. Austin, who brought 300 families to settle in Texas, known as the "Old Three Hundred." By the 1830s, the Anglo and Tejano populations of Texas had grown significantly, and relations between the Mexican government and Texas settlers deteriorated as President Santa Anna abandoned the constitution under which the settlers had agreed to live.
The Texas Constitution of 1876
The Texas Constitution of 1876 was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by a vote of 136,606 to 56,652. It is known for its wealth of detail, including specific provisions on the legislature, judiciary, public education, and state finances. While it has been amended frequently, Texans have continued to hold on to this constitution due to its significance and the challenges of implementing substantial changes.
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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 in 1836. It is the second-longest state constitution in the United States and contains a wealth of detail, causing it to resemble a code of laws rather than a constitution. Some of its passages are poorly drafted and require clarification, while others have been declared beyond interpretation.
The Texas Constitution is restrictive compared to other state constitutions, with many requirements and limitations on state and local governments. It has been amended frequently, and some argue that it needs to be simplified.
Yes, there have been several attempts to revise the Texas Constitution since 1876. In 1919, voters overwhelmingly rejected the idea of a constitutional convention. In 1949, Governor Beauford Jester formed a Citizens Committee on the Constitution to promote revision, but it disbanded when the Legislature did not act. In 1957, the League of Women Voters urged the Legislature to take up revision, and a Constitutional Revision Commission was created in 1967 to study the matter. In 1995, Senator John Montford drafted a streamlined constitution, but his initiative died when he resigned. A bipartisan effort in 1998 produced a rewritten constitution, but it failed to gain support in committee.
