Omar Bennett
The Constitution of Texas has been modified several times since the state's independence from Mexico in 1836. The first Texas Constitution was drafted in 1827 while Texas was still part of Mexico. Since then, Texas has adopted six more constitutions, in 1836, 1845, 1861, 1866, 1869, and 1876. The current Texas Constitution, adopted in 1876, is the second-longest state constitution in the US and serves as the basic organic law of the state.
| Characteristics | Values |
|---|---|
| Date of first adoption | 15th February 1876 |
| Previous date(s) of adoption | 1827, 1836, 1845, 1861, 1866, 1869 |
| Number of amendments submitted by September 1928 | 99 |
| Number of amendments adopted by September 1928 | 43 |
| Number of proposals approved by voters by 1980 | 235 |
| Number of words | 63,000+ |
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What You'll Learn
Texas' constitution in 1836
The Texas Constitution of 1836, also known as the Constitution of the Republic of Texas, was the supreme law of Texas from 1836 to 1845. On March 2, 1836, Texas declared itself an independent republic due to a lack of support in the United States for the Texas Revolution. The declaration of independence, penned by George Childress, was modelled after the United States Constitution. The Constitution of the Republic of Texas was drafted with input from Lorenzo de Zavala, who also designed its flag and served as vice president.
The 1836 Constitution established a unitary republic, as opposed to the federal republic defined in the US Constitution. It outlined the structure of the government, with three branches: legislative, executive, and judicial. The legislative branch was defined as a Senate and House of Representatives, collectively known as the Congress of the Republic of Texas. Members of the House were to be chosen annually on the first Monday of September and hold office for one year. The executive branch was led by the President of the Republic of Texas, who served as the chief magistrate and commander-in-chief of the army and navy. The president was required to be at least thirty-five years old, a citizen, and a resident of the republic for at least three years before the election or a resident at the time of independence. The president was elected for a three-year term and could not serve consecutive terms.
The judiciary was established by Article IV, which also provided for the creation of the Supreme Court and authorised Congress to establish lower courts. There were to be a minimum of three and a maximum of eight judicial districts. The constitution mandated the appointment of a district attorney for each district, with their duties and terms of service outlined in the document. The Supreme Court was to consist of a chief justice and associate judges, including the district judges.
The 1836 Texas Constitution also addressed voting qualifications and procedures. It granted voting rights to male citizens aged twenty-one and above who had resided in Texas for at least six months. It specified that elections were to be conducted by ballot unless Congress determined otherwise. Additionally, it stipulated that convicted criminals were ineligible to hold office, vote, or serve on juries.
Furthermore, the constitution included provisions for the formation of an interim government, as outlined in the declaration of independence. It established the laws, duties, and rights associated with the new republic. It also addressed education, mandating Congress to establish and fund a system of education.
The Texas Constitution of 1836 was ratified after elections called for by Interim President Burnet on July 23, 1836. Sam Houston was elected as the first president, with Mirabeau Buonaparte Lamar as his vice-president. The Constitution of the Republic of Texas served as the foundational document for the independent republic until Texas was admitted to the Union in 1845.
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Texas' constitution in 1845
The Constitution of Texas in 1845 was the fourth in the state's history, following the Mexican constitution and the constitutions of 1827 and 1836. It was adopted on August 27, 1845, after Texas accepted a joint resolution from the US Congress proposing its annexation to the United States. The Texan Congress consented to the calling of a convention, which debated the annexation offer and passed an ordinance assenting to it on July 4, 1845. The convention debated until August 28 and the citizens of Texas approved an annexation ordinance and a new constitution on October 13. The US then admitted Texas to the Union on December 29, 1845.
The 1845 Constitution of Texas was almost twice as long as the previous Constitution of the Republic of Texas, which was the supreme law of Texas from 1836 to 1845. The framers of the 1845 Constitution drew heavily on the newly adopted Constitution of Louisiana, as well as the constitution drawn up by the Convention of 1833. It established the government of Texas as a state in the United States and was well-regarded for its straightforward and simple form.
The Constitution of the Republic of Texas, which was written by George Childress and modelled after the United States Constitution, contained nine portions, six articles, a schedule, General Provisions, and a Declaration of Rights. It established three branches of government: legislative, executive, and judicial. The legislative branch was defined as a Senate and House of Representatives, to be called The Congress of the Republic of Texas. Members of the House were chosen on the first Monday of September and held office for one year. Representatives were required to be at least 21 years old and were elected for two years, while senators were required to be at least 30 years old and were elected for four years.
The President of the Republic of Texas was the commander-in-chief of the army and the navy, but could not command them personally without congressional authorization. The president was to enter office on the second Monday of December after the election and could not serve consecutive terms. The constitution also defined voting qualifications and procedures, stating that any male citizen aged 21 or over who had been in Texas for at least six months could vote.
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Texas' constitution in 1866
The Texas Constitution of 1866 was the fifth in the state's history and was adopted at the end of the American Civil War. Texas had been admitted to the Union in 1845, but with the outbreak of the Civil War in 1861, it joined the Confederacy. After the war ended in 1865, Texas was readmitted to the Union, and a new constitution was adopted in 1866.
The Constitutional Convention of 1866 proposed a series of amendments to the fundamental law, which became known as the Constitution of 1866. The governor's term was increased to four years, and their salary was raised from $3,000 to $4,000 per year. They were also given the item veto on appropriations and the power to convene the legislature outside the state capital if the capital became dangerous due to disease or an enemy. The governor was prohibited from serving more than eight years in any twelve-year period. The Senate was set to have between nineteen and thirty-three members, while the House would have between forty-five and ninety. Legislators were required to be white men with a minimum of five years' residence in Texas.
The Supreme Court was expanded from three to five judges, serving ten-year terms with a salary of $4,500 per year. The chief justice was to be chosen by the other justices from among their number. District judges were elected for eight-year terms and received a salary of $3,500 per year. The attorney general was elected for a four-year term and earned a salary of $3,000. The jurisdiction of all courts was specified in detail, and a change was made to the method of constitutional revision, requiring a three-fourths majority of each house to call a convention to propose changes.
The Constitution of 1866 also included plans for internal improvements and a system of public education directed by a superintendent of public instruction. Separate schools were to be organized for black children.
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Texas' constitution in 1876
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since it gained 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. The 1876 Constitution remains the basic organic law of Texas.
The 1876 Constitution was preceded by several others, including the Constitution of the Republic of Texas, which was the supreme law of Texas from 1836 to 1845. On March 2, 1836, Texas declared itself an independent republic due to a lack of support in the United States for the Texas Revolution. The Constitution of the Republic of Texas established a unitary republic, with a president who served as the chief magistrate and had a three-year term and could not serve consecutive terms. It also established the three branches of government: legislative, executive, and judicial.
In 1845, Texas was admitted to the Union and adopted a new constitution as a state in the United States. This was followed by new constitutions in 1861, at the beginning of the American Civil War, and in 1866, after the Civil War ended. The 1866 Constitution was adopted after Texas was readmitted to the Union and included protections for the rights of former slaves.
The Constitution of 1876 began with a lengthy bill of rights, declaring that Texas was a free and independent state, subject only to the Constitution of the United States, that all free men had equal rights, and that the writ of habeas corpus could not be suspended or unduly delayed. It also included provisions on land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights. The 1876 Constitution has been amended hundreds of times since its adoption, with 216 new sections added and 66 original sections removed.
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Texas' constitution and Spanish-Mexican law
The Texas Constitution has a long and complex history, with the current iteration being the seventh in its history. The first Texas Constitution was adopted in 1827 when Texas was still part of Mexico and was combined with the former state of Coahuila y Tejas. This constitution was drafted in accordance with the Federal Constitution of the United Mexican States (1824), which required each state to have its own constitution.
The next Texas Constitution was adopted in 1836, during the Texas Revolution. At this time, Texas declared itself an independent republic due to a lack of support from the United States for the Texas Revolution. The Constitution of the Republic of Texas was the supreme law of the land from 1836 to 1845 and was modelled after the United States Constitution, borrowing language from several southern states' constitutions as well. It established a unitary republic with three branches of government: legislative, executive, and judicial. The president of the republic was the chief magistrate and served as the commander-in-chief of the army and navy. The constitution also defined voting qualifications, with any male citizen over the age of twenty-one and a resident of Texas for at least six months being granted the right to vote.
In 1845, Texas was admitted to the Union, and a new constitution was adopted to reflect this change. This constitution set forth Texas law in a straightforward manner and is considered one of the best-drafted state constitutions by constitutional scholars. However, Texas seceded from the Union, and in 1861, a new constitution was drafted to transfer Texas statehood to the Confederate States of America.
After the American Civil War ended in 1865, Texas was readmitted to the Union, and a new constitution was adopted in 1866. This constitution was followed by another in 1869, which aimed to protect the rights of former slaves and centralize state power. The current Texas Constitution was adopted in 1876 and has been amended hundreds of times since. It includes provisions for Spanish and Mexican land titles from the Mexican War Era, demonstrating the continued influence of Spanish-Mexican law in Texas even after it became a state.
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Frequently asked questions
The first Texas Constitution, the Constitution of the Republic of Texas, was adopted on March 16, 1836.
The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845.
The current Texas Constitution, adopted in 1876, is the seventh in Texas history.
