Malcolm Rivera
The Texas Constitution is the foundational governing document of the State of Texas, second only to the U.S. Constitution. The current Texas Constitution, formed in 1876, is the seventh in Texas history. The previous six were adopted in 1827, 1836, 1845, 1861, 1866, and 1869. The Texas Constitution has a dynamic nature, with hundreds of amendments proposed and adopted since 1876. It outlines the structure and function of the Texas government, including the legislative, executive, and judicial branches, and enumerates the basic rights of its citizens.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 7 |
| Current Constitution | 1876 |
| Previous Constitutions | 1827, 1836, 1845, 1861, 1866, 1869 |
| Length | Second-longest state constitution in the US |
| Ease of Amendment | High |
| Number of Amendments | 530 approved by electorate out of 714 proposed |
| Number of Sections | 34 |
| Bill of Rights | Article 1 |
| Separation of Powers | Article 2 |
| Legislative Power | Article 3 |
| Writ of Habeas Corpus | Recognised as an unqualified right |
| Same-Sex Marriage | Prohibited in 2005, later legally unenforceable |
| Religious Tests for Public Officeholders | Prohibited, but includes language requiring acknowledgment of a "Supreme Being" |
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What You'll Learn
Influences from Texas' history
Texas has had a dynamic and evolving constitutional history, with the current constitution being the seventh in Texas history. The state's unique history has resulted in a constitution that is one of the longest and most detailed in the US. Texas' unusual history has also meant that the constitution has been amended and changed frequently to reflect the state's growth and development.
The first constitution of Texas was written in 1827, when Texas was part of Mexico, as the "Constitution of the State of Coahuila and Tejas". This was followed by the 1836 "Constitution of the Republic of Texas", which was a very short document based on the US Constitution. It was never amended and was in effect for a few years before Texas joined the United States. In 1845, Texas redrafted its constitution upon joining the United States, creating a longer and more detailed document.
The 1861 constitution was adopted at the beginning of the American Civil War, and the 1866 constitution was a temporary one, adopted at the end of the war. The 1869 constitution was unpopular, and the Democrats sought to replace it, which they did with the 1876 constitution.
The Texas Constitution of 1876 is the result of a unique historical context and has been amended frequently. It contains provisions that are uniquely Texan, influenced by the state's history, including Spanish and Mexican influence. Some of these provisions include those dealing with land titles, debtor relief, judicial procedures, marital relations, and water and mineral rights. The influence of Jacksonian agrarianism and frontier radicalism can also be seen in sections prohibiting banks and a strict separation of church and state. The constitution also reflects the state's desire to protect specific topics, such as local government, taxes, and private property rights, which other states leave to their legislatures.
The Texas Constitution has been amended hundreds of times, reflecting the state's changing legal and political landscape.
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Separation of powers
The Texas Constitution establishes the structure and function of the government of the U.S. state of Texas and enumerates the basic rights of its citizens. The current Texas Constitution, formed in 1876, is the seventh in Texas history. The previous six were adopted in 1827 (while Texas was still part of Mexico), 1836 (after Texas gained independence from Mexico), 1845 (upon admission to the United States), 1861 (at the beginning of the American Civil War), 1866 (at the end of the Civil War), and 1869.
The Texas Constitution is a dynamic, living document designed to be changed to reflect the growth and development of the state. It is one of the longest state constitutions in the United States, and its wealth of detail causes it to resemble a code of laws rather than a constitution. The Texas Constitution is organised by articles, with the first article setting out a bill of rights. The following articles establish the three branches of government: legislative, executive, and judicial.
Article 2 of the Texas Constitution provides for the separation of powers of the legislative, executive, and judicial branches of the state government, prohibiting each branch from exercising the powers of the others. The legislative power of the state is vested in the "Legislature of the State of Texas", consisting of the state's Senate and House of Representatives. This article is the longest in the constitution and contains many substantive limitations on the power of the legislature, as well as a large number of exceptions to those limitations. For example, two-thirds (2/3) of the elected members in either chamber are required to constitute a quorum to do business, contrary to the provision for the United States Congress, which only requires a majority.
The Texas Constitution also includes several provisions that are unique to the state, many of which are products of Texas's unusual history. For example, some provisions may be traced to Spanish and Mexican influence, including sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights. Other atypical provisions may be attributed to the twin influences of Jacksonian agrarianism and frontier radicalism, including sections prohibiting banks and requiring a stricter separation of church and state than in older states.
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Rights and responsibilities of citizens
The Texas Constitution establishes the rights and responsibilities of Texas citizens, outlining the structure and function of the state government. It is a dynamic document that has evolved over time, reflecting the state's unique history and the values of its citizens.
The Texas Constitution guarantees certain fundamental rights for its citizens, including those outlined in the Texas Bill of Rights. This includes the right to habeas corpus, which cannot be suspended under any circumstances, a right that goes beyond the protections offered by the U.S. Constitution. The Texas Constitution also protects citizens' rights regarding land titles, land law, debtor relief, judicial procedures, marital relations, adoption, and water and mineral rights. These rights are deeply rooted in Texas's history and influenced by its time as part of Mexico and later as an independent republic.
Citizens of Texas also have the right to a free public education, as established by the state's constitution. This right is a cornerstone of Texas's educational system and was introduced in the 1845 Constitution. Additionally, the Texas Constitution grants all citizens the right to bail before trial, except in capital offenses or other limited circumstances as defined by law.
Beyond these rights, Texans have the responsibility to uphold the values and laws established by the constitution. They are responsible for electing their representatives and holding them accountable to the standards set out in the document. The constitution also grants Texans the power to propose and approve amendments, allowing them to directly shape the laws that govern them.
The Texas Constitution also imposes certain limitations on its citizens. For example, Section 4 prohibits religious tests for public officeholders but includes a requirement for officeholders to acknowledge a "Supreme Being." This provision has not been invalidated but may be legally contentious. Texans must also respect the separation of church and state, a principle enshrined in the constitution.
A Living Document
The Texas Constitution has evolved significantly since its independence from Mexico in 1836. It has had seven iterations, with the current version, adopted in 1876, being the longest-standing. The document is designed to be adaptable, reflecting the state's growth and development. Since 1876, hundreds of amendments have been proposed, and over 200 new sections have been added, demonstrating the dynamic nature of Texas's foundational document.
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Structure and function of the government
The Texas Constitution establishes the structure and function of the Texas government. It is the foundational governing document of the State of Texas, second only to the U.S. Constitution. The current Texas Constitution, formed in 1876, is the seventh in Texas history.
The Texas Constitution is organised by articles. Article 1 sets out a bill of rights, which includes provisions that are unique to Texas. For example, Section 12 recognises the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances. This differs from the U.S. Constitution, which allows suspension in cases of rebellion or invasion. The bill of rights in the Texas Constitution is notably more detailed than the federal Bill of Rights and includes provisions not included in the federal Constitution.
Article 2 provides for the separation of powers of the legislative, executive, and judicial branches of the state government, prohibiting each branch from exercising the powers of the others. Article 3 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. It also lists the qualifications required of senators and representatives and regulates the legislative process.
The Texas Constitution is one of the largest state constitutions in the U.S. and is notable for including a wide range of specific topics, such as local government, taxes, and private property rights. This level of detail was intended to protect these topics in the strongest way possible, but it also means that the Constitution can easily become outdated and may need to be amended frequently. In fact, the Texas Constitution has been amended hundreds of times since 1876, with 216 new sections added and 66 original sections removed.
The Texas Constitution has played a significant role in shaping the state's legal and political landscape. It reflects Texas' unique history and has evolved over time to meet the changing needs of the state.
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Amendments
The Texas Constitution has been amended hundreds of times since 1876. Between 1876 and 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by voters, 181 were defeated, and three never made it to the ballot. The Texas Constitution is one of the largest state constitutions in the US, second only to Alabama's and California's. It is also one of the most restrictive, stipulating that the state of Texas has only the powers explicitly granted to it.
The ease with which the Texas Constitution can be amended means that it functions more as an adjunct to statutes than a static set of governing principles. It is a dynamic, living document designed to reflect the state's growth and development.
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 a vote of 136,606 to 56,652. It is the basic organic law of Texas and contains provisions that are uniquely Texan, influenced by the state's history, including Spanish and Mexican influence.
The Texas Constitution establishes the structure and function of the Texas government and enumerates the basic rights of its citizens. It is organized by articles, with the first article setting out a bill of rights, and the following articles establishing the three branches of government: legislative, executive, and judicial. The legislative power of the state is vested in the "Legislature of the State of Texas", consisting of the state's Senate and House of Representatives. The Texas Bill of Rights includes several rights similar to those in the US Bill of Rights but is more detailed and contains provisions unique to Texas. For example, Section 12 recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances.
Some of the amendments to the Texas Constitution include:
- Section 32, added in 2005, prohibited state recognition of same-sex marriage. This section became legally unenforceable following the US Supreme Court's decision in Obergefell v. Hodges, which recognized same-sex marriage as a constitutional right.
- Section 4 prohibits religious tests for public officeholders but includes language requiring officeholders to "acknowledge the existence of a Supreme Being."
- Section 11 guarantees that individuals detained before trial are eligible for bail by sufficient sureties, with exceptions for capital offenses and other limited circumstances defined by law.
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Frequently asked questions
The Texas Constitution is the foundational governing document of the State of Texas, second only to the U.S. Constitution. It establishes the structure and function of the government of Texas and outlines the basic rights of its citizens.
The Texas Constitution was created to establish the rights and responsibilities of Texans and to define the scope and powers of its government. Texas has a unique history, having been 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. These changes in sovereignty necessitated the creation and amendment of the Texas Constitution.
The current Texas Constitution, adopted in 1876, is the seventh in Texas history. Previous constitutions were adopted in 1827, 1836, 1845, 1861, 1866, and 1869.
The Texas Constitution contains several provisions that are unique to the state, reflecting its unusual history. These include sections on land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights. It also includes provisions prohibiting banks and requiring a strict separation of church and state.
The Texas Constitution has been amended hundreds of times since 1876. From 1876 to 2024, 714 constitutional amendments were proposed, with 530 approved by the electorate. The high number of amendments is due to the document's restrictive nature and the need to reflect the state's growth and development.
