Isabella Carter
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 adopted on February 15, 1876, by a vote of 136,606 to 56,652. The constitution contains some provisions that are uniquely Texan, many of which are products of the state's unusual history. Some, for example, may be traced to Spanish and Mexican influence. Among them are sections dealing with land titles and law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights. The Constitution of 1876 reflects a deeply rooted mistrust of government power and has been amended over 500 times since its adoption.
Explore related products
What You'll Learn
Public opinion and government power
The Constitution of 1876 is the sixth constitution by which Texas has been governed since its independence from Mexico in 1836. It was framed by the Constitutional Convention of 1875, which was dominated by Democrats, and adopted on February 15, 1876, by a vote of 136,606 to 56,652. The constitution contains some provisions that are uniquely Texan, many of which are products of the state's unusual history.
The Constitution of 1876 reflected a lack of faith in government and a deeply rooted mistrust of government power. It imposed numerous limitations on state authority, fragmented executive power, and restricted the legislature's ability to act outside narrow boundaries. The document slashed the power of officials, along with their salaries and terms of office. It also prohibited the registration of voters and grants of money or bonds to railroads. The constitution provided for biennial sessions of the legislature, low taxes, guarantees of a low tax rate, a less expensive court system, and the popular election of officers.
The Constitution of 1876 was adequate for a rural people engaged principally in subsistence farming, but not for an urban-industrial-commercial society. This restrictive design led to the need for frequent amendments to address emerging state needs. Since its adoption, the 1876 Constitution has been amended over 500 times and is one of the most amended state constitutions in the US. From 1876 to 2017, the legislature proposed 673 constitutional amendments, of which 491 were approved by the electorate and 179 were defeated. By 2024, the number of proposed amendments had risen to 714, with 530 approved and 181 defeated.
The Constitution of 1876 is considered to be one of the most disorganized and confusing state constitutions due to its tight restrictions, which have led to a high number of amendments. There have been several attempts to draft a new constitution or significantly revise the existing one, but none have succeeded. The most successful attempt was in 1969, when 56 obsolete provisions were repealed.
The Constitution: Limiting Majority Rule
You may want to see also
Legislative sessions and salaries
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since independence from Mexico was achieved in 1836. The document was framed by the Constitutional Convention of 1875, which was dominated by Democrats, and adopted on February 15, 1876, by a vote of 136,606 to 56,652. It remains the basic organic law of Texas.
The Constitution of 1876 complied with public opinion. It provided for biennial sessions of the legislature, low salaries for public officials, precinct voting, and a return to the road-working system. The constitution also included a homestead exemption clause, guarantees of a low tax rate, a less expensive court system, and popular election of officers.
The constitution set the legislator's compensation at five dollars a day for the first sixty days of a regular session and two dollars thereafter. During the thirty days of a special session, legislators were to receive five dollars a day. The constitution also reduced the salaries of officials, including that of the governor, which was lowered from $5,000 to $4,000.
Over time, the restrictive design of the Constitution of 1876 led to the need for frequent amendments to address emerging state needs. Since its adoption, the constitution has been amended over 500 times and is considered one of the most disorganized and confusing state constitutions. From 1876 to 2017, the legislature proposed 673 constitutional amendments, of which 491 were approved by the electorate and 179 were defeated.
In 1974, a constitutional convention was held to draft a modern document, but it ended in failure. In 1975, the Legislature revived much of the work of the 1974 convention and proposed it as a set of eight amendments to the existing constitution. However, all eight amendments were overwhelmingly rejected by the voters.
Informed Consent: Social Research Ethics Explained
You may want to see also
Voting and taxes
The Texas Constitution of 1876 was drafted in response to the controversial Constitution of 1869, which was rejected by a large number of Texans. The 1876 Constitution reflected the lack of faith in the government that its delegates had formed during the Reconstruction years. It aimed to comply with public opinion and slash the power of officials, including reducing their salaries and terms of office.
The Constitution of 1876 provided for precinct voting and mandated a poll tax, but not as a prerequisite for voting. It also abolished the office of state superintendent, founded a board of education composed of the governor, comptroller, and secretary of state, and eliminated compulsory school attendance. The document provided for a less expensive, locally controlled, segregated school system. It also set aside a perpetual fund for proceeds from lands previously granted to schools and from the sale of other public lands.
The Constitution of 1876 also addressed taxation. It required the legislature to levy taxes on all property in proportion to its value. It also provided for homestead exemptions and guaranteed low tax rates. The document abolished the road tax and returned to the road-working system.
The Constitution of 1876 has been amended numerous times since its inception, with most amendments being due to its highly restrictive nature. Texas still operates under the 1876 Constitution today, but it has been amended to keep up with the state's evolving society and needs.
The Constitution's Peaceful Power Transfer: A Historical Legacy
You may want to see also
Explore related products
![Elements of Prophecy 1876 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
Judicial procedures and law
The Texas 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 adopted on February 15, 1876, by a vote of 136,606 to 56,652. The constitution contains provisions that are uniquely Texan, many of which are products of the state's history and influenced by Spanish and Mexican law.
The Constitution of 1876 contains several provisions related to judicial procedures and law. Here are some key aspects:
Judicial Power and Courts
Article V of the constitution, titled "Judicial Department," outlines the structure and organization of the judicial system in Texas. It vests the judicial power of the state in a hierarchical system of courts:
- Supreme Court
- Court of Appeals
- District Courts
- County Courts
- Commissioners' Courts
- Courts of Justices of the Peace
- Other courts as established by law
The constitution mandates the establishment of a County Court in each county, with a qualified county judge elected by the voters. The state is divided into judicial districts, with the time of holding courts fixed by ordinance.
Court of Appeals and Supreme Court
The Court of Appeals is empowered to ascertain matters of fact necessary for its jurisdiction and sits at the capital and other designated places in the state. It appoints a clerk for each place it sits, with a four-year term and removal possible for good cause. The Court of Appeals consists of three judges, any two of whom form a quorum, and they are elected by qualified voters.
The Supreme Court also appoints clerks for each place it sits, following the same process as the Court of Appeals. The Supreme Court consists of a chief justice and two associate justices, with any two forming a quorum.
Impeachment
Article XIV describes the impeachment process and grounds for impeaching judges. The House of Representatives holds the power of impeachment, while the Senate tries impeachment cases. A conviction requires the consent of two-thirds of the Senators present, and the judgment does not extend beyond removal and disqualification from public office.
Suffrage Requirements
The constitution also revamped basic suffrage requirements, altering the eligibility criteria for voters and officials.
Overall, the Constitution of 1876 reflected a mistrust of government power and sought to restrict the authority of officials and the legislature. It has been amended numerous times to address emerging state needs and adapt to changing times.
The Constitution: Republic or Democracy?
You may want to see also
Education and suffrage
The Texas Constitution of 1876 was drafted by a convention of seventy-five Democrats and fifteen Republicans, including six Blacks. The document reflected the lack of faith in the government that the delegates had developed during the Reconstruction years. It was ratified by the voters and complied with public opinion.
The Constitution of 1876 included provisions related to education and suffrage. The article on education ordered the legislature to make provisions for supporting and maintaining an efficient system of public free schools. However, it also included provisions that contradicted this directive, such as eliminating compulsory attendance, providing for segregated schools, and making no provision for local school taxes. The constitution set aside one million acres of public land to support a university for Blacks, with all sales and proceeds going to the Permanent University Fund. It also provided for the establishment of the University of Texas.
In terms of suffrage, the Constitution of 1876 mandated precinct voting and a poll tax, but not as a prerequisite for voting. It also provided for homestead grants of 160 acres to heads of families and 80 acres to single men eighteen years or older. The document revamped the basic suffrage requirements, but the overall goal seemed to be limiting Black equality, education, and suffrage.
The Constitution of 1876 was adequate for a rural people engaged in subsistence farming, but it did not account for the urban-industrial-commercial society that Texas was becoming. As a result, it has been amended at an increasing rate since its inception.
Authentic US Constitution: How to Buy Certified Copies
You may want to see also
Frequently asked questions
The Texas 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 adopted on February 15, 1876, by a vote of 136,606 to 56,652. It remains the basic organic law of Texas.
The Texas Constitution of 1876 reflected a deep mistrust of government power. It imposed limitations on state authority, fragmented executive power, and restricted the legislature's ability to act outside narrow boundaries. It also provided for biennial sessions of the legislature, low salaries for public officials, precinct voting, abolition of the road tax, guarantees of a low tax rate, a less expensive court system, and popular election of officers.
The Texas Constitution of 1876 contains some 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, and water and mineral rights. Other atypical provisions may be attributed to the twin influences of Jacksonian agrarianism and frontier radicalism.
The Texas Constitution of 1876 has been amended frequently due to its restrictive nature. From 1876 to 2017, the legislature proposed 673 constitutional amendments, of which 491 were approved by the electorate. By 2024, the number of proposed amendments had risen to 714, with 530 approved by voters. The constitution is now considered one of the most disorganized and confusing state constitutions due to the large number of amendments.
![The elements of arithmetic 1876 [Leather Bound]](https://m.media-amazon.com/images/I/81nNKsF6dYL._AC_UY218_.jpg)
