Isabella Carter
Texas has had a unique history, passing 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 came into effect on February 15, 1876, is the seventh in Texas history and was preceded by the Constitution of the Republic of Texas in 1836.
| Characteristics | Values |
|---|---|
| Date Adopted | February 15, 1876 |
| Previous Constitutions | Constitution of the Republic of Texas, 1836; Constitution of the State of Coahuila and Tejas, 1827 |
| Current Constitution Number | 7th |
| Legislative Branch | Senate and House of Representatives |
| Number of Senators | 31 |
| Maximum Number of Representatives | 150 |
| Judiciary | Supreme Court |
| Education | Board of Education composed of the governor, comptroller, and secretary of state |
| Public Education | Expansion permitted |
| University | University of Texas |
| Suffrage Requirements | Revamped |
Explore related products
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, and that all free men had equal rights. 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 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 of thirty-one members and a House of Representatives not to exceed 150 members. To support the system, the article authorized the legislature to levy a poll tax of one dollar on all male inhabitants between the ages of twenty-one and sixty and to appropriate not more than one-fourth of the general revenue.
The Constitution of 1876 also contained provisions that were uniquely Texan, many of which were products of the state's unusual history. Some of these provisions could be traced back 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 could be attributed to the influences of Jacksonian agrarianism and frontier radicalism, which were prevalent when Texas first became a state.
The Day Democracy Was Born: Signing of the Constitution
You may want to see also
Texas' history as an independent republic
Texas has a unique history, having undergone several iterations since 1824. On March 2, 1836, Texas declared itself an independent republic due to a lack of support in the United States for the Texas Revolution. This declaration of independence was written by George Childress and modelled on the United States Constitution. The Constitution of the Republic of Texas, which was included with the declaration, established a unitary republic and outlined the rights and responsibilities of its citizens. It was the supreme law of Texas from 1836 to 1845.
The Constitution of the Republic of Texas had a strong executive branch, with the President 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. The Vice President was the President of the Senate and could only vote in the case of a tie. The legislative branch consisted of a Senate and a House of Representatives, with each house able to determine its rules and procedures. The constitution also protected the right to own slaves and prohibited "Indians" and "Africans" from becoming Texan citizens.
In terms of land rights, the constitution stated that all citizens living in Texas who had not received their portion of land would be entitled to it, with heads of families receiving a larger proportion than single men. Additionally, it provided for public education by setting aside proceeds from land grants and public land sales to fund schools.
The Republic of Texas had de facto independence in June 1836, as it was not recognized by Mexico, but Mexico was unable to end the republic. On March 1, 1845, the United States proposed the annexation of Texas, which was accepted by the Texan Congress on June 23, 1845. The citizens of Texas approved an annexation ordinance and a new constitution on October 13, 1845, and Texas officially became a state in the Union on December 29, 1845. The current Texas Constitution, adopted in 1876, is the seventh in the state's history and remains the basic organic law of Texas.
Thomas Jefferson's Signature on the US Constitution
You may want to see also
The Constitution's bill of rights
The Texas Constitution of 1876 is the sixth constitution since Texas gained independence from Mexico in 1836. It came into effect on February 15, 1876, and remains the basic organic law of Texas. The constitution contains a lengthy bill of rights, which guarantees various civil liberties and political rights.
Article 1 of the Texas Constitution sets out a bill of rights, which begins by declaring Texas a free and independent state, subject only to the Constitution of the United States. It also establishes the equality of rights for all free men and the right to habeas corpus. The bill of rights also includes provisions forbidding religious tests for office (except for the acknowledgement of a Supreme Being), unreasonable searches, and imprisonment for debt. It guarantees freedom of speech and the press, the right to keep and bear arms, and the right of the accused to obtain bail and to be tried by a jury.
The bill of rights also establishes the right of citizens to assemble peaceably and petition the government for redress of grievances. It declares that all political power is inherent in the people and that free governments are founded on their authority. Citizens have the inalienable right to alter, reform, or abolish their government as they see fit. The right to engage in certain agricultural practices is also guaranteed, although this is subject to certain regulations and exceptions.
In addition to civil liberties and political rights, the Texas Constitution of 1876 also contains provisions that are unique to the state, reflecting its unusual history and influences from Spanish and Mexican rule. These include sections on land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights. The constitution also addresses the state's financial system and public education, and the structure of the government, defining the powers and limitations of the legislature, executive, and judiciary.
John Jay's Signature: A Founding Father's Constitution Act
You may want to see also
Explore related products
The three branches of government
The Texas Constitution of 1876, which came into effect on February 15, 1876, is the sixth constitution since Texas gained independence from Mexico in 1836. The current constitution outlines the structure and purpose of the Texas government and is divided into three branches: the legislative, executive, and judicial.
The legislative branch, as the name suggests, is responsible for making laws. In Texas, this branch is bicameral, consisting of the House of Representatives and the Senate, known collectively as the Congress. The House of Representatives has 150 members, while the Senate has 31. The Speaker of the House and the Lieutenant Governor preside over the House and Senate, respectively. The legislative branch also has the power to control and direct the activities of the state government through its purse strings.
The executive branch is responsible for enforcing the laws of the land. In Texas, this branch consists of the Governor, Lieutenant Governor, Secretary of State, Comptroller of Public Accounts, Commissioner of the General Land Office, and Attorney General. The Governor is the head of this branch and has the authority to convene the legislature for special sessions on critically important issues. The executive branch also includes several boards and commissions, some of which are appointed by the Governor, creating a sprawling network of administrative bodies.
The judicial branch is responsible for interpreting and applying the law to resolve disputes. Texas has a complex judicial system with many layers and overlapping jurisdictions. The highest courts in the state are the Texas Supreme Court, which hears civil cases, and the Texas Court of Criminal Appeals. All judges at all levels of the judiciary are chosen through partisan elections, except in some municipal benches, where the governor fills vacancies by appointment.
Washington's Signature: The Constitution's Founding Moment
You may want to see also
Amendments to the Texas Constitution
The Texas Constitution, which came into effect on February 15, 1876, is the seventh constitution in Texas history. Since its adoption, the Texas Legislature has proposed 714 amendments, 530 of which have been approved by the electorate, 181 defeated, and three that never made it to the ballot.
The Texas Constitution is one of the longest in the nation and is still growing. It is also the third-most amended state constitution, after Alabama and California. The constitution is organised by articles, with the first article setting out a bill of rights. The bill of rights is lengthier and more detailed than the federal Bill of Rights and includes some provisions that are unique to Texas. For example, Section 12 recognises the writ of Habeas Corpus as a right and prohibits its suspension under any circumstance, whereas the U.S. Constitution allows suspension "in cases of rebellion or invasion [when] the public security requires it".
The constitution also contains provisions that are a product of Texas'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. Some of these may be traced to Spanish and Mexican influence, while others may be attributed to the influences of Jacksonian agrarianism and frontier radicalism.
Amendments to the constitution have covered a wide range of topics, including changes to the judiciary, public education, and the state's financial system. For instance, amendments have relieved some of the burden of detail imposed on the governor's office, revamped basic suffrage requirements, altered the method of chartering municipal corporations, and lengthened the term of office for many state and local officials. In addition, amendments have been made to Article 8, which places restrictions on the ability of the Legislature and local governments to impose taxes, particularly concerning local property taxes.
Signing Elon Musk's Constitution Petition: A Step-by-Step Guide
You may want to see also
Frequently asked questions
The Texas Constitution was signed on February 15, 1876.
The current constitution is the seventh in Texas history. Texas has had six previous constitutions: in 1827, 1824, 1836, 1845, 1869, and 1866.
The Texas Constitution establishes the structure and purpose of the Texas government. It is organised by articles, the first of which is a bill of rights. The following articles establish the three branches of government: legislative, executive, and judicial.
