Jonah Patel
The current Texas Constitution, adopted on February 15, 1876, is the seventh constitution in Texas history and the second-longest state constitution in the United States. It was framed by the Constitutional Convention of 1875 and ratified by a vote of 136,606 to 56,652. Since its adoption, the 1876 Constitution has been amended over 500 times, with 474 amendments approved by voters and 179 defeated. It remains the foundation of Texas' government today, outlining the structure and function of the state's government and the basic rights of its citizens.
| Characteristics | Values |
|---|---|
| Date of adoption | February 15, 1876 |
| Previous Constitutions | 1827, 1836, 1845, 1861, 1866, 1869 |
| Amendments | Over 500 since 1876 |
| Amendment Approval Rate | 474 approved, 179 defeated out of 653 put to voters |
| Length | Over 63,000 words |
| Number of Amendments Submitted by 1928 | 99 |
| Number of Amendments Approved by 1928 | 43 |
| Number of Amendments Approved by 1980 | 235 |
| Number of Amendments Approved by 1995 | 364 |
| Number of Amendments Approved since 1995 | 164 |
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What You'll Learn
The current Texas Constitution was ratified in 1876
The current Texas Constitution, which was ratified in 1876, is the seventh constitution in Texas history and the sixth since Texas gained independence from Mexico in 1836. It was adopted on February 15, 1876, and is the second-longest state constitution in the United States. The document was drafted by a constitutional convention dominated by Democrats, many of whom were former Confederates. The 1876 Constitution reflects a deep mistrust of government power, imposing limitations on state authority, fragmenting executive power, and restricting the legislature's ability to act.
The Texas Constitution of 1876 contains provisions that are unique to the state, influenced by its history and the cultural context of the time. Some of these provisions can be traced back to Spanish and Mexican influence, including sections on land titles, land law, debtor relief, judicial procedures, marital relations, adoption, and water and mineral rights. Other provisions reflect the influences of Jacksonian agrarianism and frontier radicalism, prevalent when Texas first became a state.
The Constitution has been amended numerous times since its adoption to address emerging state needs and changing circumstances. By 1995, the 1876 Constitution had been amended 364 times. Since then, voters have approved an additional 164 amendments, bringing the total number of amendments to over 500. The Texas Constitution has been described as one of the most verbose and restrictive state constitutions due to its wealth of detail and limitations on government powers.
Despite the challenges posed by its length and frequent amendments, Texans have continued to uphold the Constitution of 1876. It remains the foundation of Texas government and outlines the basic rights of its citizens and the structure and function of the state's government. The Constitution's longevity is a testament to its adaptability and the commitment of Texans to their system of governance.
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It is the seventh constitution in Texas history
The current Texas Constitution was adopted on February 15, 1876, and it is the longest-running constitution in the state's history. It has been amended over 500 times since its adoption but remains the foundation of Texas law and government. This constitution replaced the previous one, which was adopted in 1869 during the Reconstruction Era after the American Civil War. The 1876 Constitution reflected the state's changing political landscape and the desire to restore certain powers to local governments, as well as addressing issues related to civil rights and the state's economic development.
The Texas Constitution has a rich and complex history, with the state having had six previous constitutions. The first Texas Constitution was drafted in 1836 when Texas declared its independence from Mexico and established the Republic of Texas. This initial constitution reflected the young nation's desire for self-governance and established the framework for Texas' government. However, as Texas evolved and its political landscape changed, subsequent constitutions were adopted to address the state's changing needs and priorities.
The second Texas Constitution was enacted in 1845 when Texas joined the United States as the 28th state. This constitution made necessary adjustments to align Texas' laws and government with those of the United States. The third constitution was adopted in 1861 when Texas seceded from the Union and joined the Confederate States of America. This document reflected the state's shift towards secessionist sentiments and the defense of slavery.
The fourth and fifth Texas constitutions were enacted during the Reconstruction Era, with the fourth constitution being adopted in 1866 and the fifth in 1869. These constitutions were influenced by the federal government's efforts to ensure civil rights protections for African Americans and to reshape Southern state governments. Finally, the sixth Texas Constitution was enacted in 1876 and remains in effect today, reflecting the state's desire for stability and a return to self-governance after the turbulent Reconstruction Era.
The current Texas Constitution has endured and been amended over time to adapt to the state's evolving needs. It provides the framework for Texas' unique blend of strong local control and a limited state government, reflecting the state's independent spirit and commitment to individual liberties. The constitution also establishes the structure and powers of Texas' state government, including the famous Texas tricameral system, with its separate executive, legislative, and judicial branches, and it guarantees certain rights and freedoms for Texas citizens.
As the seventh constitution in Texas history, the 1876 document has stood the test of time and provided a stable foundation for the state's governance and legal system. It continues to shape Texas' political landscape and guide the state's development, reflecting the ideals and values of Texans across the centuries.
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Texas was an independent republic
The current Texas Constitution, adopted on February 15, 1876, is the seventh constitution in the state's history. Texas has had a long and complex constitutional evolution, with several constitutions preceding the current one. One notable period in Texas's history is when it was an independent republic, a status that significantly influenced its constitutional development.
The struggle for independence and subsequent challenges shaped Texas's future. The Republic of Texas faced significant issues, including slavery, debt, and conflict with Native American tribes. These challenges influenced the decision of Texans to eventually join the United States. On February 19, 1846, Texas ceased to be an independent republic and became a state, admitted to the Union on December 29, 1845. This transition marked the end of the Republic of Texas and the beginning of Texas as a part of the United States.
The period of Texas as an independent republic had a lasting impact on its constitutional development. The Constitution of 1836, also known as the Constitution of the Republic of Texas, was adopted during this period of independence. This constitution reflected the unique circumstances and influences of the time, including Spanish and Mexican influences, as well as the ideals of the Texas Revolution. The experience of independence and the challenges faced during that time likely contributed to the deeply rooted mistrust of government power reflected in the current Texas Constitution.
The Texas Constitution of 1876, which is still in effect today, was shaped by the state's historical context, including its time as an independent republic. The provisions and amendments added over time reflect the state's evolution and the influence of its diverse population. The current constitution is the result of Texans' ongoing efforts to establish and maintain their rights, freedoms, and unique identity within the United States.
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The 1876 Constitution has been amended over 500 times
The current Texas Constitution, adopted on February 15, 1876, is the seventh in the state's history. It is the second-longest state constitution in the US and one of the most amended, having been amended over 500 times.
The 1876 Constitution was drafted by a convention dominated by Democrats, many of whom were former Confederates. It reflected a deep mistrust of government power and imposed numerous limitations on state authority. It also restricted the legislature's ability to act outside narrow boundaries. This restrictive design led to the need for frequent amendments to address emerging state needs.
Most of the amendments have dealt with the legislature, judiciary, public education, and state finances. Amendments relating to the legislature have generally removed limitations on legislative action. Changes to the judiciary article have been so sweeping that the article has been almost entirely rewritten. Amendments to provisions on public education have removed original limitations and allowed for the expansion of the public school system. Changes to the state's financial system have permitted new expenditure programs and the exploitation of new revenue sources. Other amendments have relieved some of the burden of detail imposed on the governor's office in 1876, revamped basic suffrage requirements, altered the method of chartering municipal corporations, lengthened the terms of office for state and local officials, and established numerous specifically allocated funds in the state treasury.
The Texas Constitution has also been amended to address issues related to land titles, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights. It has been amended to prohibit the registration of voters and grants of money or bonds to railroads. It has also been amended to comply with federal requirements, such as ending slavery after the Civil War.
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Article 8 of the Texas Constitution is labelled Taxation and Revenue
The current Texas Constitution, adopted on February 15, 1876, is the seventh constitution in the state's history. It is the second-longest state constitution in the United States. Article 8 of the Texas Constitution is labelled "Taxation and Revenue" and includes several sections outlining various taxation policies and procedures. Here is a detailed overview of Article 8:
Section 1 outlines the principles of equality and uniformity in taxation, with taxes levied in proportion to the value of property. It also addresses income tax and the exemption of certain tangible personal property from ad valorem taxation.
Section 1-a prohibits the state from levying ad valorem taxes, while allowing counties to do so for road construction, maintenance, and flood control.
Section 1-b establishes residence homestead tax exemptions and limitations, including a $3,000 exemption for married or unmarried adults.
Section 1-d relates to the assessment of lands designated for agricultural use, while Section 1-d-1 addresses the taxation of certain open-space land.
Section 1-g authorises cities, towns, and taxing units to grant tax relief for property located in reinvestment zones to encourage development or redevelopment.
Section 1-h validates the assessment ratio for taxation purposes.
Section 16 (repealed in 2001) dealt with the lien of assessment, seizure, and sale of property.
Section 17 clarifies that specifying objects and subjects of taxation does not limit the legislature's power to require other subjects or objects to be taxed, provided it aligns with the constitutional principles of taxation.
Section 18 mandates the legislature to equalise the valuation of all property subject to taxation and allows for the classification of lands based on their value across counties.
Section 19 and 19a exempt specific items, such as farm products, livestock, poultry, family supplies, and implements of husbandry, from taxation.
Section 20 ensures that the fair cash market value of property is not exceeded when levying taxes and allows for discounts for advance payment.
Section 21 outlines the procedures for increasing total property taxes, including notice, hearing, and calculation requirements.
Section 22 restricts the rate of growth of appropriations from state tax revenues, ensuring they do not exceed the estimated growth rate of the state's economy.
Section 23 emphasises the importance of enforcing standards in the appraisal of property.
Section 24 mentions personal income tax and the dedication of proceeds.
Article 8, "Taxation and Revenue," of the Texas Constitution outlines the state's taxation policies, procedures, and limitations. It covers a range of topics, from property tax exemptions to revenue appropriation restrictions, reflecting the state's unique historical context and the principles of equality and uniformity in taxation.
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Frequently asked questions
The current constitution of Texas was adopted on February 15, 1876.
Texas has had seven constitutions, including the Mexican constitution.
The 1876 Texas Constitution reflects a deep mistrust of government power and places many restrictions on the state's authority. It also contains provisions that are unique to Texas, such as those dealing with land titles and water rights.
The 1876 Texas Constitution has been amended over 500 times since its adoption, making it one of the most amended state constitutions in the US.
Yes, there have been several attempts to replace the 1876 Texas Constitution, including in 1919 and 1975, but voters have rejected these proposals.
