Isabella Carter
Texas has had several constitutions throughout its history, with the current document being the seventh constitution, adopted in 1876. The previous six were adopted in 1827, 1836, 1845, 1861, 1866, and 1869. In 1928, Texas operated under the 1876 Constitution, which was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876. This constitution remains the basic organic law of Texas.
| Characteristics | Values |
|---|---|
| Year of constitution | 1876 |
| Previous constitutions | 1827, 1836, 1845, 1861, 1866, 1869 |
| Number of amendments proposed by 1928 | 99 |
| Number of amendments adopted by 1928 | 43 |
| Number of amendments proposed by 2024 | 714 |
| Number of amendments approved by 2024 | 530 |
| Number of amendments defeated by 2024 | 181 |
| Number of amendments that didn't make the ballot | 3 |
| Number of words | 63,000+ |
| Number of sections originally | 29 |
| Number of sections added since | 5 |
| Length of bill of rights | Long |
| Number of senators | 31 |
| Maximum number of representatives | 150 |
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What You'll Learn
The Texas Constitution of 1876
The 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, and that the writ of habeas corpus could not be suspended or unduly delayed. The article also forbade religious tests for office (except for the acknowledgement of the existence of a Supreme Being), unreasonable searches, and imprisonment for debt. It guaranteed liberty of speech and the press, the right of the accused to obtain bail and be tried by a jury, and the right of citizens to keep and bear arms.
The legislative article defined the powers and limitations of the legislature in great detail. The legislature was to be composed of two houses: a Senate consisting of thirty-one members and a House of Representatives not exceeding 150 members. The document abolished the office of the state superintendent, founded a board of education composed of the governor, comptroller, and secretary of state, eliminated compulsory attendance, provided for segregated schools, and made no provision for local school taxes. The Constitution of 1876 also provided for the establishment of the University of Texas.
Since 1876, the Texas Constitution has been amended hundreds of times. 216 new sections have been added, while 66 original sections and 51 added sections have been removed. Despite its need for frequent amendment, Texans have continued to hold on to the Constitution of 1876.
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Amendments
The current Texas Constitution, which was adopted in 1876, is the seventh constitution in Texas history. The previous six were adopted in 1827 (while Texas was still part of Mexico), 1836 (the Constitution of the Republic of Texas), 1845 (upon admission to the United States), 1861 (at the beginning of the American Civil War), 1866 (at the end of the American Civil War), and 1869.
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 remains the basic organic law of Texas.
By September 1928, 99 amendments had been submitted to the Texas Constitution, out of which only 43 were adopted. By 1980, the voters had approved 235 proposals. The Texas Legislature proposed 714 constitutional amendments from 1876 to 2024, out of which 530 were approved by the electorate, 181 were defeated, and three never made it to the ballot.
The Texas Constitution contains several provisions that are unique to the state, many of which are products of Texas's unusual history. Some of these may be traced 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.
The Texas Constitution of 1876 began with a lengthy bill of rights, which included provisions such as:
- Texas was a free and independent state, subject only to the Constitution of the United States.
- All free men have equal rights.
- The writ of habeas corpus could not be suspended or unduly delayed.
- Religious tests for office were forbidden (except for the acknowledgement of the existence of a Supreme Being).
- Unreasonable searches and imprisonment for debt were forbidden.
- Liberty of speech and press was guaranteed.
- The right of the accused to obtain bail and to be tried by a jury was guaranteed.
- The right of citizens to keep and bear arms was guaranteed.
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Separation of Powers
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. Texas still operates under the 1876 constitution today, though it has been amended hundreds of times.
The 1876 Constitution was preceded by the Constitution of the Republic of Texas, which was drafted in 1836. This was the first Anglo-American constitution to govern Texas and was drafted by a convention of fifty-nine delegates who assembled at Washington-on-the-Brazos on March 1, 1836. The delegates were working under the threat of imminent attack by Mexican forces, which stifled originality in the document. As a result, large sections of the United States Constitution were incorporated, along with some Mexican law.
The 1836 Constitution established a separation of powers into three branches: legislative, executive, and judicial. The legislative branch was bicameral, consisting of a Senate and a House of Representatives. The Senate was to consist of thirty-one members, and the House of Representatives was not to exceed 150 members. The Constitution of 1876 also provided for the separation of powers, with Article 2 prohibiting each branch from exercising the powers of the other.
The 1876 Constitution began with a lengthy bill of rights, which included provisions such as the right to habeas corpus, the prohibition of religious tests for office (except for the acknowledgement of a Supreme Being), freedom of speech and press, the right to keep and bear arms, and the right of the accused to obtain bail and to be tried by a jury.
By September 1928, ninety-nine amendments had been submitted to the 1876 Constitution, of which forty-three were adopted. The Texas Constitution is one of the most verbose and restrictive state constitutions, with a wealth of detail that causes it to resemble a code of laws rather than a constitution.
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Bill of Rights
The Texas Constitution of 1876 is the sixth constitution in Texas history and remains the basic organic law of Texas. The current Texas Constitution was adopted on February 15, 1876, and is preceded by five other constitutions, including the Mexican constitution.
The Texas Constitution of 1876 began with a lengthy bill of rights, which includes:
- The declaration 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 right to worship according to one's conscience, without interference from human authority or the state.
- The right to peaceably assemble, petition, and seek redress of grievances from the government.
- The right to trial by jury, which shall remain inviolate.
- The right to keep and bear arms.
- The right to liberty of speech and press.
- The right to be free from unreasonable searches.
- The right to due process and protection from self-incrimination.
- The right to religious freedom and equality for all religious denominations.
- The right to be free from imprisonment for debt.
The Texas Bill of Rights also includes provisions that outline specific limitations on the power of the state government, such as the requirement for a separation of powers between the legislative, executive, and judicial branches.
By September 1928, 99 amendments had been submitted to the Texas Constitution of 1876, of which only 43 were adopted. The Texas Constitution is one of the most verbose and restrictive state constitutions, with a wealth of detail that resembles a code of laws rather than a constitution.
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Influences and Provisions
The Texas Constitution of 1876, which remains the basic organic law of Texas, is the constitution that was in force in 1928. It 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.
The Constitution of 1876 was influenced by the desire to undo the acts of the unpopular Constitution of 1869. It reflected the lack of faith in the government held by the delegates who wrote it, and so it slashed the power, salaries, and terms of office of officials. It also contained provisions that were uniquely Texan, many of which were products of the state's unusual history. Some of these 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, both prevalent when Texas first became a state. These influences produced sections prohibiting banks and requiring a stricter separation of church and state than that required in older states.
The Constitution of 1876 began with a lengthy bill of rights, which included provisions that differed from those in the U.S. Constitution. While the U.S. Constitution allows the suspension of the writ of habeas corpus "in Cases of Rebellion or Invasion when the public safety may require it," the Texas Constitution of 1876 recognised the writ of habeas corpus as an unqualified right and prohibited its suspension under any circumstances. The Texas Constitution also forbade imprisonment for debt and guaranteed liberty of speech and press, the right of the accused to obtain bail and to be tried by a jury, and the right of citizens to keep and bear arms.
Article 3 vested the legislative power of the state in the "Legislature of the State of Texas," consisting of the state's Senate and House of Representatives. It also listed the qualifications required of senators and representatives and regulated many details of the legislative process. Two-thirds of the elected members in either chamber constituted a quorum to do business therein, contrary to the provision for the United States Congress requiring only a majority.
The Constitution of 1876 was amended many times. Of ninety-nine amendments submitted by September 1928, only forty-three were adopted, but by 1980, the voters had approved 235 proposals.
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Frequently asked questions
The Texas Constitution of 1876 was still in place in 1928. This was the sixth constitution by which Texas had been governed since independence from Mexico in 1836.
The Texas Constitution of 1876 was drafted by the Constitutional Convention of 1875 and adopted on February 15, 1876. It was framed by the previous Texas Constitution of 1869, which was highly controversial, and the even earlier Constitution of 1866, which did not go far enough to satisfy the Radical Republicans in Washington who were in charge of Reconstruction in the South. The 1876 Constitution included provisions that were uniquely Texan, many of which were products of the state's unusual history, 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 included a lengthy bill of rights, which 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 Texas Constitution of 1876 was one of the most verbose state constitutions, with over 63,000 words, and was highly restrictive. In comparison, the US Constitution was admirably brief, with the Texas Constitution of 1836, which was based on the US Constitution, being less than 6,500 words. The Texas Constitution of 1876 also had to be amended hundreds of times and is now considered one of the most disorganized and confusing of all state constitutions.
The first Texas constitution was the Constitution of the Republic of Texas, which was drafted in 1836. It was the first Anglo-American constitution to govern Texas and was written by fifty-nine delegates at the Convention of 1836. It was based heavily on the US Constitution, with portions also lifted from several contemporary state constitutions.
