The Texas Constitution: A Historical Overview

when was the constitution of texas written

Texas has had a unique history as an entity, having passed through many iterations since 1824. Between 1824 and 1876, Texas was 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. The current Texas Constitution, which was approved in 1876, is the seventh constitution in Texas history. However, the focus of this paragraph is on the Constitution of the Republic of Texas, which was drafted in 1836.

Characteristics Values
Date written March 1, 1836
Date adopted February 15, 1876
Number of words Less than 6,500
Number of sections 29 (now 34)
Number of amendments 714 (1876-2024)
Number of amendments approved by the electorate 530
Number of amendments defeated 181
Number of amendments that didn't make it on the ballot 3
Number of constitutional conventions 5 (1861, 1866, 1868-69, 1875, 1876)
Number of constitutions in Texas history 7

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The Constitution of the Republic of Texas was drafted in 1836

Texas has a unique history as an entity, having passed through many iterations since 1824. Between 1824 and 1876, 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.

The 1836 Constitution of the Republic of Texas was a revolutionary document, written and adopted in haste. It was a product of the social and economic preferences of the predominantly Anglo-American settlers for the legal system they had known "back in the states". For example, a provision called for the introduction of the common law of England as early as practicable and declared it the rule to be used in deciding all criminal cases. The constitution also sought to void all "unjust and fraudulent claims".

The 1836 Constitution contained generous grants of power to state officials, especially the chief executive. It avoided the many specific limitations and restrictions upon government often found in state constitutions of the time. It preserved the well-known words and phrases of older American constitutions, making understanding easier. Typical American features included a short preamble, separation of powers of government into three branches, checks and balances, slavery, citizenship (with "Africans, the descendants of Africans, and Indians excepted"), a Bill of Rights, male suffrage, and a method of amendment. The legislature was bicameral, consisting of the Senate and the House of Representatives.

The current Constitution of the State of Texas was originally approved in 1876 and is regularly amended. It is the seventh constitution in Texas history. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by the electorate, 181 were defeated, and three never made it on the ballot.

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It was the first Anglo-American constitution to govern Texas

Texas has had a unique history as an entity, having passed through many iterations since 1824. Between 1824 and 1876, 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. The current Texas State Constitution, approved in 1876, is the seventh constitution in Texas history. The previous six were adopted in 1827 (when Texas was 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 Constitution of the Republic of Texas, written in 1836, was the first Anglo-American constitution to govern Texas. It was drafted by a convention of 59 delegates who assembled at Washington-on-the-Brazos on March 1, 1836. A constitution was adopted by the convention fifteen days later and ratified by a vote of the people of the republic on the first Monday in September 1836. The delegates were in haste to complete their task due to the ever-present threat of attack by Mexican cavalry. This resulted in portions being lifted from the Constitution of the United States and several contemporary state constitutions.

The 1836 Constitution of the Republic of Texas was a revolutionary document. It incorporated large sections of the United States Constitution along with Mexican law. It also reflected Jacksonian ideas current in the states from which many delegates had come. For example, ministers and priests were declared ineligible to hold public office, and imprisonment for debt was abolished. The constitution sought to void all "unjust and fraudulent claims". It also affirmed that all laws then in force in Texas would remain in full force.

The 1836 Constitution was admirably brief (less than 6,500 words) and contained generous grants of power to state officials, especially the chief executive. It included typical American features such as a short preamble, separation of powers into three branches (legislative, executive, and judicial), checks and balances, male suffrage, and a method of amendment. The legislature was bicameral, consisting of the Senate and the House of Representatives.

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The document was written in haste due to the threat of attack by Mexican cavalry

The Constitution of the Republic of Texas was drafted in 1836 during the Texas Revolution. It was the first Anglo-American constitution to govern Texas. The constitution was written in haste due to the ever-present threat of attack by Mexican cavalry, which stifled originality in the document. The delegates who drafted the constitution lifted portions from the United States Constitution and several contemporary state constitutions. This was done almost out of necessity to quickly complete their task.

The delegates who drafted the Constitution of the Republic of Texas were under immense pressure to complete the document swiftly due to the looming threat of attack by Mexican forces. This sense of urgency resulted in a document that closely resembled existing constitutions. While the 1836 constitution for the Republic of Texas was indeed revolutionary, it was also a product of social and economic factors influenced by the predominantly Anglo-American settlers.

The delegates borrowed heavily from the United States Constitution, resulting in a document with a familiar structure and similar provisions. The Texas constitution included a short preamble, separation of powers into three branches (legislative, executive, and judicial), checks and balances, male suffrage, and a method of amendment. It also preserved well-known phrases and words from older American constitutions, making it easier to understand for those familiar with those documents.

In addition to the influence of the United States Constitution, the delegates also incorporated elements of Mexican law and Spanish influence. This is reflected in provisions such as community property, homestead exemptions, protections, and debtor relief. The constitution also reflected Jacksonian ideas, with ministers and priests being declared ineligible to hold public office, the abolition of imprisonment for debt, and the prohibition of monopolies, primogeniture, and entailment.

The haste with which the Constitution of the Republic of Texas was written in 1836 was a direct result of the imminent threat of attack by Mexican cavalry. This led to a document that lacked originality but served its purpose of establishing a legal framework for the Republic of Texas during a tumultuous time in the region's history.

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The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed

Texas has had a colourful political history since the 1500s, when it was first claimed by the Spanish. Since then, it has been part of Spain, France, Mexico, the Confederacy, and the United States of America. It was also an independent republic. Between 1824 and 1876, various nations drafted founding documents that established the entity of Texas and defined the rights of its citizens and the powers of its government.

Other atypical provisions may be attributed to the twin influences of Jacksonian agrarianism and frontier radicalism, both prevalent when Texas first became a state and widely supported by immigrants to Texas before the Civil War. For instance, ministers and priests were declared ineligible to hold public office, imprisonment for debt was abolished, and monopolies, primogeniture, and entailment were prohibited. The amending process was so complex that, despite several amendments being suggested during its ten-year lifespan, none were ever adopted.

The 1876 Constitution also made changes to the legislature, judiciary, public education, and the state's financial system. It relieved some of the burden of detail imposed on the governor's office, revamped basic suffrage requirements, altered the method of chartering municipal corporations, lengthened the term of office for many state and local officials, and established a growing number of specifically allocated funds in the state treasury. It also authorised the legislature to levy a poll tax of one dollar on all male inhabitants between the ages of 21 and 60, and to appropriate not more than one-fourth of the general revenue.

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The current Texas Constitution was approved in 1876 and is regularly amended

The current Texas Constitution, approved on February 15, 1876, is the seventh constitution in Texas history and the second-longest state constitution in the US. It was adopted by a vote of 136,606 to 56,652 and remains the basic organic law of Texas. The constitution is regularly amended, with 530 out of 714 proposed amendments being approved by the electorate between 1876 and 2024.

The Texas Constitution of 1876 contains a lengthy bill of rights, which includes the right to liberty 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. It also abolished imprisonment for debt and guaranteed equal rights for all free men. The constitution also set out the structure of the state legislature, which consists of a Senate of 31 members and a House of Representatives of no more than 150 members.

The constitution also includes provisions that are uniquely Texan, influenced by the state's history and the cultural background of its immigrants. For example, provisions relating to land titles and land law, debtor relief, and water and mineral rights can be traced to Spanish and Mexican influence. Other provisions, such as those relating to judicial procedures, marital relations, and adoption, may be attributed to Jacksonian agrarianism and frontier radicalism.

The Texas Constitution has been amended numerous times to keep up with the changing needs of the state. For example, alterations have been made to provisions relating to public education, allowing for the expansion of the public school system. Changes have also been made to the state's financial system, permitting the adoption of new expenditure programs and new sources of revenue. The constitution has also been amended to relieve some of the burdens of detail imposed on the governor's office and to lengthen the term of office for many state and local officials.

Frequently asked questions

The first Constitution of Texas was written in 1824.

Texas has had seven constitutions.

The second constitution of Texas was written in 1827, while Texas was still part of Mexico and half of the state of Coahuila y Tejas.

The Constitution of 1876 is the sixth constitution by which Texas has been governed since independence from Mexico in 1836. It is the basic organic law of Texas and contains some provisions that are uniquely Texan.

The Constitution of the Republic of Texas, written in 1836, was the first Anglo-American constitution to govern Texas.

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