Jonah Patel
Texas has had a unique history, with several constitutions since 1824. The seventh and current constitution of Texas was adopted on February 15, 1876, and remains the foundation of the Texas government today. The document contains provisions that are uniquely Texan, such as sections dealing with land titles, debtor relief, judicial procedures, marital relations, and water and mineral rights. The constitution has been amended over 500 times since its inception, making it one of the most amended state constitutions in the US.
| Characteristics | Values |
|---|---|
| Date of adoption | February 15, 1876 |
| Previous Constitutions | 1824, 1827, 1836, 1845, 1861, 1866, and 1869 |
| Number of Amendments | 714 proposed, 530 approved by voters |
| Length | Over 63,000 words |
| Amendments | Must be approved by the Legislature and voters |
| Ratification | February 15, 1876, by a vote of 136,606 to 56,652 |
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What You'll Learn
Texas' unique history
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 Mexican Constitution of 1824 was the first federal constitution that Texas operated under. It provided for two houses of Congress, a president and vice president elected for four-year terms, and a supreme court. While it mandated separate legislative, executive, and judicial branches, it did not define the scope of states' rights, and local affairs remained independent of the central government. Notably, Catholicism was established as the state religion under this constitution. Texas's break with Mexico in the 1830s was largely a constitutional crisis that culminated in separation.
Texas has had seven constitutions throughout its history, with the current one being adopted on February 15, 1876. The Constitution of 1876 is the sixth constitution by which Texas has been governed since independence from Mexico in 1836. It was framed by the Constitutional Convention of 1875 and remains the basic organic law of Texas. The constitution contains provisions that are uniquely Texan, influenced by the state's unusual history, including Spanish and Mexican influence. Some of these provisions deal with land titles, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights.
The Constitution of 1876 reflects a deeply rooted mistrust of government power and imposed numerous limitations on state authority. It is one of the most verbose state constitutions, with over 63,000 words, and has been amended over 500 times since its adoption. It begins with a lengthy bill of rights, declaring Texas a free and independent state, subject only to the Constitution of the United States. It guarantees equal rights for all free men, forbids religious tests for office (except for the acknowledgement of a Supreme Being), and protects against unreasonable searches and imprisonment for debt. It also ensures liberty of speech and press, the right to bear arms, and the right of the accused to obtain bail and a jury trial.
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Constitutional amendments
The current Texas Constitution, adopted on February 15, 1876, is the seventh in the state's history. It is the basic organic law of Texas and has been amended over 500 times since its inception. The Texas Legislature has proposed 656 constitutional amendments, 474 of which have been approved by voters.
The Texas Constitution of 1876 is a lengthy document of more than 63,000 words, making it one of the longest state constitutions in the US. It is also one of the most verbose and restrictive state constitutions. Its many requirements and limitations on state and local governments have resulted in the need for frequent amendments to address emerging state needs.
The constitution contains provisions that are uniquely Texan, influenced by the state's history and the ideologies prevalent when Texas first became a state. These provisions cover areas such as land titles, land law, debtor relief, judicial procedures, marital relations, adoption, and mineral rights.
The 1876 Constitution also includes a detailed bill of rights, which offers protections solely applicable to actions by the Texas government. This bill of rights is more detailed than the federal Bill of Rights and includes some unique provisions, such as the unqualified right to habeas corpus, which cannot be suspended under any circumstances.
The Texas Constitution has been amended numerous times to address specific issues and evolving state needs. For example, the 1974 constitutional convention led to an amendment adding a separate section, which was later repealed in 1999.
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Separation of powers
The Texas Constitution of 1876 is the seventh constitution in the state's history. 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 document is the second-longest state constitution in the US and has been amended over 500 times since its inception.
The Texas Constitution of 1876 reflects a deep mistrust of government power and sought to impose limitations on state authority. It explicitly provides for the separation of powers, with a detailed bill of rights incorporated directly into the text of the constitution (as Article I). The bill of rights in the Texas Constitution is considerably lengthier and more detailed than the federal Bill of Rights, and it includes some provisions not included in the US Constitution.
The Texas Constitution of 1876 outlines specific limitations on the power of the state government. For example, it abolished the office of state superintendent and founded a board of education composed of the governor, comptroller, and secretary of state. It also eliminated compulsory school attendance and provided for segregated schools.
The legislative article of the Texas Constitution of 1876 defines the powers and limitations of the legislature in great detail. It stipulates that the legislature is to be composed of two houses: a Senate of 31 members and a House of Representatives not to exceed 150 members.
The Texas Constitution, like many state constitutions, stipulates that the state has only those powers explicitly granted to it. This highly restrictive nature has led to the need for frequent amendments to address emerging state needs. The constitution's wealth of detail causes it to resemble a code of laws rather than a constitution, with numerous requirements and limitations on both state and local governments.
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Texas' bill of rights
The current Texas Constitution, formed in 1876, is the seventh in the state's history. The Texas Bill of Rights is Article I of the Texas Constitution. It is not a list of amendments like the U.S. Bill of Rights but a lengthy declaration at the beginning of the document.
The Texas Bill of Rights includes many rights similar to those found in the U.S. Bill of Rights, but it is more detailed and contains several provisions that are unique to Texas. Texans enjoy more rights than most other Americans and are therefore some of the freest people on Earth. For example, Texans have the right to have a jury assess punishment instead of a judge, and Texas has stricter laws prohibiting expunged arrests from being published online.
The Texas Constitution of 1876 reflects a deeply rooted mistrust of government power. It contains provisions that are uniquely Texan, many of which are products of the state's unusual history. Some 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.
The Texas Bill of Rights originally had twenty-nine sections, thirteen of which have been added, and none of which have been repealed. The protections offered by the Texas Bill of Rights apply solely to actions by the Texas government. It begins: "That the general, great and essential principles of liberty and free government may be recognized and established, we declare."
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The 1875 convention
Texas has had a unique history, passing through many iterations since 1824. The state has had several constitutions, with the current one being the seventh and in force since 1876.
The 1876 constitution, which was adopted on February 15, 1876, by a vote of 136,606 to 56,652, contains provisions that are uniquely Texan, many of which are products of the state's unusual history. Some 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. Other atypical provisions may be attributed to the twin influences of Jacksonian agrarianism and frontier radicalism.
The 1876 constitution began with a lengthy bill of rights, declaring Texas a free and independent state, subject only to the Constitution of the United States. It stated that all free men have equal rights and that the writ of habeas corpus could not be suspended or unduly delayed. The constitution also forbade religious tests for office (except for the acknowledgement of a Supreme Being), unreasonable searches, and imprisonment for debt. It guaranteed liberty of speech and 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 of the 1876 constitution defined the powers and limitations of the legislature in great detail. It stated that the legislature would consist of two houses: a Senate of 31 members and a House of Representatives not exceeding 150 members.
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Frequently asked questions
The seventh constitution of Texas was made on February 15, 1876.
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since its independence from Mexico in 1836. It is the seventh constitution in Texas history, including the Mexican constitution.
The 1876 Constitution of Texas is known for its highly restrictive nature, imposing limitations on state authority and restricting the legislature's ability to act outside narrow boundaries. It includes a lengthy bill of rights, guaranteeing liberties such as freedom of speech and press, the right to keep and bear arms, and the right to a trial by jury. The constitution also addresses land titles, mineral rights, and education.
The Texas Constitution of 1876 has been amended frequently. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, with 530 being approved by voters. Since 1876, a total of 656 amendments have been proposed, with 474 approved by the electorate.
