Simone Lawson
Texas has had a long and tumultuous political history, with several constitutions drafted since its time as a Spanish province. The current Texas Constitution, adopted in 1876, is the seventh in the state's history. The state's politics have been dominated by various parties over the years, with the Democratic Party, the Republican Party, and the Whig Party all holding influence at different times. The 1875 constitutional convention that produced the current constitution was dominated by Democrats, including former Confederates seeking to restore local control and reduce government spending. Texas's unique history, including its time as an independent republic and its ties to Mexico, has influenced the content of its constitutions, which have often reflected the state's conservative values and resistance to centralized authority.
| Characteristics | Values |
|---|---|
| Year of drafting | 1875 |
| Party that dominated the convention | Democrats |
| Party that dominated Texas post-convention | Democrats |
| Party that dominated Texas for nearly a century | Democrats |
| Previous Texas constitutions | 1827, 1836, 1845, 1861, 1866, 1869 |
| Current Texas constitution | 1876 |
| Number of amendments to the 1876 constitution | Over 500 |
| Number of amendments submitted by September 1928 | 99 |
| Number of amendments adopted by September 1928 | 43 |
| Number of amendments approved by voters by 1980 | 235 |
| Number of words in the 1876 constitution | Over 63,000 |
| Number of members in the House initially | Not less than 24 or more than 40 |
| Number of members in the House after population reaches 100,000 | Not less than 40 or more than 100 |
| Maximum number of members in the House as per the 1876 constitution | 150 |
| Fixed number of members in the Senate | 31 |
| Term length for the President of the Republic of Texas | 3 years |
| Year Texas was admitted to the Union | 1845 |
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What You'll Learn
Texas' seven constitutions
Texas has had a unique history, passing through many iterations between 1824 and 1876. During this period, Texas was, at times, a part of the United States of Mexico, an independent republic, a state within the Confederate States of America, and a state within the United States of America. This dynamic history has resulted in Texas having seven constitutions, a higher number than most other states.
The first Texas state constitution was framed in 1845 as a condition of admission to the United States. This constitution was based on Anglo-American constitutional principles, with Spanish and Mexican influences also apparent. It reflected major legacies such as the merger of law and equity, community property, and protection of certain personal property from forced seizure for debt.
The second Texas constitution was created in 1861 after the state's secession from the United States at the beginning of the American Civil War. The third constitution was written in 1866, at the end of the Civil War. The fourth constitution was drafted in 1868-69 under congressional Reconstruction. This document was rejected by the newly elected Radical-dominated Congress.
The fifth Texas constitution was drafted in 1875 by a convention dominated by Democrats, many of whom were former Confederates. This constitution was ratified in 1876 and remains the foundation of Texas government today, despite over 500 amendments. It reflects a deep mistrust of government power, with numerous limitations on state authority and restrictions on the legislature's ability to act.
Since 1876, there have been several attempts to draft a new constitution or significantly revise the existing one. The most successful attempt was in 1969, when 56 obsolete provisions were repealed. In 1971, an Amendment was passed calling for a constitutional convention to draft a new constitution, but the convention failed by three votes. More recently, in 1995, Senator John Montford drafted a streamlined constitution, but the initiative died when he resigned.
In summary, Texas has had seven constitutions due to its dynamic history and the evolving nature of its government. The current constitution, while highly amended, remains the basic organic law of the state.
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Democrats dominate 1875 convention
The Texas Constitutional Convention of 1875 was dominated by the Democrats, who sought to replace the radical Constitution of 1869. The convention, which took place in Austin from September 6 to November 24, 1875, was attended by 75 Democrats and 15 Republicans, including six Black men. The resulting Constitution of 1876 was drafted by a predominantly Democratic group, with around 40 members belonging to the Grange interest group.
The Democrats' determination to replace the 1869 Constitution stemmed from their opposition to the Reconstruction-era government's centralized authority and perceived excesses. Many of the Democrats at the convention were former Confederates who sought to restore local control and reduce government spending. They wanted shorter terms and lower salaries for officials, the abolition of voter registration, local control of schools, severely limited powers for the legislature and governor, low taxation, restricted state expenditures, strict control over corporations, and land subsidies for railroads.
In the lead-up to the 1875 convention, the Democrats took several measures to undo Republican policies. They weakened the centralized school system, cut state salaries and expenditures, and stripped the governor of the power to appoint some state officers and declare martial law. The convention itself restored many of the structural features of earlier constitutions, such as biennial legislative sessions, four-year terms for senators, two-year terms for governors, and the election of the attorney general and judges. However, it also introduced new provisions, such as scheduling the House to reach a maximum of 150 members as the population grew, and fixing the size of the Senate at 31.
The Constitution of 1876, which was adopted by a vote of 136,606 to 56,652 on February 15, 1876, reflects 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 document remains the foundation of Texas's government today, though it has been amended over 500 times due to its restrictive nature, making it one of the most amended state constitutions in the US.
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Texas' secession history
Texas has had a long and complex history of secession and constitutional reform. The state has had seven constitutions, including the Mexican constitution when Texas was part of Mexico. The first Texas state constitution was framed in 1845 as a condition of admission to the United States. This constitution was based on Anglo-American principles and constitutional traditions, with some Spanish and Mexican influences.
In 1861, Texas seceded from the Union, joining the Confederacy during the American Civil War. The primary cause of secession was the institution of slavery, with Texans feeling that Washington had not lived up to the promises made during annexation. Sam Houston, a persistent opponent of secession, refused to take the oath of loyalty and was replaced by Lieutenant Governor Edward Clark. Texans voted 166 to 8 in favour of secession, with the negative votes of a few individuals enshrined in Texas history books.
After the Civil War, Texas underwent several constitutional changes. The Constitution of 1866 introduced important provisions, such as the governor's power to veto appropriation bills, and the constitutional status of county courts. However, this constitution was rejected by the newly elected Radical-dominated Congress. The Constitution of 1869 was drafted by a convention meeting in 1868 and 1869, restoring some earlier structural features.
The current Texas constitution, adopted in 1876, is the result of widespread discontent with the Reconstruction-era government and its centralised authority. The Constitutional Convention of 1875 was dominated by Democrats, including former Confederates, who sought to reduce government spending and restore local control. The resulting constitution imposed limitations on state authority and restricted the legislature's power. Over time, the need for frequent amendments to address emerging state needs has led to over 500 amendments to the 1876 Constitution, making it one of the most amended state constitutions in the US.
Since the 1990s, there have been efforts to promote Texas secession, with the state's history of independence and self-determination often contrasted with federal government interference. Texas secession movements, also known as the Texas Independence movement or "Texit", refer to both the state's historical secession during the Civil War and modern organisations supporting secessionist efforts.
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Texas' political parties
Texas has had several constitutions throughout its history, and the political parties involved in their drafting have varied. The current Texas constitution, adopted in 1876, was drafted by a convention dominated by the Democratic Party. This constitution was written amid widespread discontent with the centralised authority and excesses of the Reconstruction-era government. The Democrats of 1875 were largely former Confederates seeking to restore local control and reduce government spending.
The first Texas state constitution was framed in 1845 as a condition of admission to the United States. Texas had declared itself an independent republic in 1836, but the war with Mexico ended in 1845, and Texas became a de facto independent republic. The 1845 constitution was based on Anglo-American constitutional principles, with Spanish and Mexican influences also apparent.
The Constitution of the Republic of Texas, written in 1836, was modelled after the United States Constitution. It borrowed language from the constitutions of several southern states and formed a unitary republic. This constitution was written with the help of Lorenzo de Zavala, who served as vice president and designed the flag.
In 1866, another Texas constitution was drafted, this time acknowledging the end of slavery but refusing to grant civil or political rights to Black Texans. This approach did not meet new federal requirements, and so the U.S. Congress passed the First Reconstruction Act, invalidating the 1866 Texas government and imposing military rule. The 1869 Texas Constitution was drafted by a coalition of moderate and radical Unionists and introduced sweeping changes, including explicitly acknowledging the U.S. Constitution as the supreme law of the land.
In more recent times, there have been attempts to draft a new Texas constitution or significantly revise the existing one. In 1974, a constitutional convention was held to draft a modern document, but it ended in failure. In 1995, Senator John Montford drafted a streamlined constitution similar to the 1974 version, but the initiative died when he resigned his seat. In 1998, a bipartisan effort led by Republican Senator Bill Ratliff and Democratic Representative Rob Junell produced a rewritten constitution, but it failed to gain support in committee.
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The Constitution of the Republic of Texas
Texas has had several constitutions throughout its history, owing to its unique path to statehood. The Constitution of the Republic of Texas, adopted in 1836, was the first constitution of the newly independent Republic of Texas. It was drafted after Texas declared itself an independent republic in 1836 due to a lack of support in the United States for the Texas Revolution.
The President of the Republic of Texas was to serve a three-year term and could not serve consecutive terms, a provision based on the Mexican Constitution. The constitution also included a Declaration of Rights and addressed issues such as land titles, land law, debtor relief, judicial procedures, marital relations, adoption, and mineral rights. It reflected a blend of Anglo-American principles, Spanish influence, and Mexican influence.
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Frequently asked questions
Texas has had seven constitutions, including the Mexican constitution. The first was adopted in 1827, the second in 1836, the third in 1845, the fourth in 1861, the fifth in 1866, the sixth in 1869, and the seventh in 1876. The 1836 constitution was drafted after Texas gained independence from Mexico, and there were no political parties at the time. The 1869 constitution was drafted by a convention dominated by Democrats, many of whom were former Confederates.
The 1836 Texas Constitution was drafted after Texas gained independence from Mexico. It allowed the first president to serve for two years and subsequent presidents for three years. It also stated that to hold an office or vote, one had to be a citizen of the Republic.
The 1869 Texas Constitution expanded civil rights protections for formerly enslaved people and centralized power in the state government to help enforce federal Reconstruction policies.
The 1876 Texas Constitution is the basic organic law of Texas and contains some provisions that are uniquely Texan, such as sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights. It also includes a lengthy bill of rights, declaring Texas a free and independent state, subject only to the Constitution of the United States, and guaranteeing liberties such as freedom of speech and the right to bear arms.
