Jonah Patel
Texas has had several constitutions throughout its history, with the current constitution being the seventh in its history. The previous six were adopted in 1827 (while Texas was part of Mexico), 1836 (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 current Texas Constitution, which was adopted in 1876, has been amended over 500 times and is one of the longest and most amended state constitutions in the US. The frequent amendments were due to the document's highly restrictive nature, which imposed limitations on state authority and restricted the legislature's ability to act outside narrow boundaries.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 7 |
| First Constitution | 1827 |
| Second Constitution | 1836 |
| Third Constitution | 1845 |
| Fourth Constitution | 1861 |
| Fifth Constitution | 1866 |
| Sixth Constitution | 1869 |
| Current Constitution | 1876 |
| Number of Amendments | 500+ |
| Number of Amendments Proposed | 714 |
| Number of Amendments Approved | 530 |
| Number of Amendments Defeated | 181 |
| Number of Sections | 29+5 |
| Length | Second-longest state constitution in the US |
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What You'll Learn
Democrats regaining control of Texas government in 1873
The Texas Constitution of 1876 was the result of Democrats regaining control of the Texas government in 1873. The Constitutional Convention of 1875, which drafted this document, was dominated by Democrats, including former Confederates. This came about due to the financial panic of 1873, which caused crop prices to plummet and transportation fees to skyrocket. The agrarian Grange movement, which advocated for farmer protections, gained influence during this period. Their People's Party was highly successful, and their reforms were later adopted by the Democratic Party.
The Democrats' victory in 1873 was also influenced by the widespread dissatisfaction with the Reconstruction-era government led by Governor Edmund J. Davis, a Unionist Republican. Many former Confederates resented what they perceived as dictatorial and vindictive policies imposed by the Congressional Reconstruction Act. They chafed under the rule of newly freed African Americans who assumed leadership roles in the military and the postwar government. This led to a profound response from those who believed they were subjected to the "tyranny and despotism" of a Republican Party identified as a "foreign conqueror."
The 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. The document included a lengthy bill of rights, guaranteeing liberties such as freedom of speech and press, the right to bear arms, and the writ of habeas corpus. It also dealt with land titles, debtor relief, judicial procedures, marital relations, and mineral rights. The constitution was ratified in 1876 and remains the foundation of Texas's government, despite undergoing numerous amendments to address emerging state needs.
The Texas Constitution of 1876 was the sixth constitution since Texas gained independence from Mexico in 1836. The previous constitutions were adopted in 1827 (while Texas was part of Mexico), 1836 (as the Republic of Texas), 1845 (upon admission to the US), 1861 (at the Civil War's start), 1866 (at the war's end), and 1869. The 1876 version has been amended over 500 times, making it one of the most frequently amended state constitutions in the US.
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Texas's independence from Mexico in 1836
The Texas Revolution, which culminated in the declaration of independence in 1836, was driven by several factors. Firstly, there was widespread dissatisfaction among Anglo Texans with the Mexican government's policies, including the dissolution of state legislatures, disarmament of state militias, and, crucially, the abolition of slavery in Texas in 1829. The desire to maintain slavery was a significant motivator for secession, although it was not explicitly mentioned in the Declaration of Independence.
Texians (Anglo-American settlers) and Tejanos (Texans of mixed Mexican and Indian descent) joined forces in the revolution. In October and November 1835, 1,300 men volunteered to fight for the Texian Army, with 78% of volunteers from January to March 1836 coming from the United States. By December 1835, they had captured the town of San Antonio. However, the provisional government that formed was plagued by infighting, leading to political paralysis.
On February 23, 1836, Mexican troops under General Antonio López de Santa Anna arrived in San Antonio to retake the city, beginning the siege of the Alamo. Santa Anna amassed a formidable force of over 6,000 troops, and his punitive expedition aimed to crush the insurgency in Texas. Meanwhile, Texian soldiers issued the Goliad Declaration of Independence on December 22, 1835, and a second political convention declared independence in March 1836.
On March 2, 1836, Texas formally declared its independence from Mexico with the signing of the Texas Declaration of Independence at Washington-on-the-Brazos, now known as the "birthplace of Texas." The declaration emphasised the rights of citizens to "life," "liberty," and, notably, "property." This was followed by a decisive final battle along the San Jacinto River on April 21, 1836, which secured Texas's independence.
The independence of the Republic of Texas marked a significant shift in the region's political landscape and immediately led to the drafting of a new constitution. On March 17, 1836, a constitutional convention adopted a constitution that established a federal form of government with three branches, guaranteed the protection of slavery, and outlined an interim government until elections could be held. This constitution, the second in Texas history, set the stage for the state's governance and reflected the unique circumstances and influences that shaped Texas's path to independence.
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Texas's admission to the United States in 1845
Texas's path to statehood and its admission to the United States in 1845 was a complex and contentious process shaped by a series of historical events and political negotiations. Here's an overview of the key factors that led to Texas becoming a state:
The Texas Revolution and Independence: In the early 19th century, Texas was a part of Mexico and known as the Mexican state of Coahuila y Texas. However, tensions arose due to a significant influx of American settlers into the region, who far outnumbered the Mexican population. These settlers brought with them their own cultural and political ideals, including a desire for independence and self-governance. Grievances over political autonomy, land policies, and cultural differences fueled the Texas Revolution in 1835-1836, culminating in the famous Battle of the Alamo and Texas's victory at San Jacinto. On October 2, 1835, 95 delegates from all the Mexican municipalities in Texas, as well as a handful of observers from the United States, convened in the town of Gonzales to discuss their grievances against the Mexican government. This meeting marked the beginning of the Texas Revolution and the birth of an independent Texas. On March 2, 1836, Texas formally declared its independence from Mexico and established the Republic of Texas.
The Republic of Texas: After winning independence, Texans established their own country, the Republic of Texas, with its own constitution and governmental structure. Sam Houston, a key figure in the Texas Revolution, served as the first president of the republic. However, the question of whether Texas should seek annexation to the United States or remain an independent republic sparked intense debates. Some Texans favored annexation, believing it would bring economic benefits and security against potential Mexican incursions. Others wanted to maintain their independence and feared losing their unique identity by joining the United States.
Annexation and Statehood Negotiations: Over time, the movement toward annexation gained momentum. Texas formally petitioned the United States for annexation in 1837, but this request was initially rejected due to political concerns, particularly the issue of slavery and the potential for war with Mexico. In 1844, with the support of expansionists in the United States, President John Tyler negotiated an annexation treaty with Texas, but it failed to receive the necessary two-thirds majority in the Senate for ratification. However, the incoming president, James K. Polk, was a strong advocate for expansion, and under his administration, Congress passed a joint resolution offering terms for the admission of Texas as a state, which Texas accepted.
Admission to the Union: On December 29, 1845, Texas was officially admitted to the Union as the 28th state. This event had significant political and geographical implications for the United States. Texas's admission expanded the country's territory, adding a vast area that included the coastal areas along the Gulf of Mexico and the vast ranchlands and frontier of the west. It also heightened tensions with Mexico, which had never officially recognized Texas's independence and considered the annexation a hostile act by the United States. This ultimately contributed to the outbreak of the Mexican-American War in 1846.
The Compromise of 1850 and Constitutional Changes: Texas's admission to the Union also played a crucial role in the sectional conflicts leading up to the Civil War. As part of the Compromise of 1850, Texas ceded some of its northern and western territories to the federal government, which became parts of present-day New Mexico, Oklahoma, Kansas, Wyoming, and Colorado. This compromise also led to the creation of the state's current constitution, which replaced the more controversial constitution of 1845, which had legalized slavery and restricted voting rights to white male property owners. The new constitution, enacted in 1861 on the eve of the Civil War, further entrenched slavery and sought to protect the institution by denying the federal government any authority to abolish it.
In summary, Texas's admission to the United States in 1845 was a pivotal moment in the state's history, shaping its political and cultural identity. It was the culmination of a series of events, including the Texas Revolution, the establishment of the Republic of Texas, and complex negotiations over annexation and statehood. Texas's path to statehood had far-reaching consequences, impacting the country's territorial expansion, relations with Mexico, and the sectional conflicts that would ultimately lead to the Civil War.
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Texas's secession from the US and joining the Confederacy in 1861
Texas has had several constitutions throughout its history, including those adopted in 1827, 1836, 1845, 1861, 1866, 1869, and 1876. The state's secession from the Union in 1861 and its subsequent joining of the Confederacy were significant events that led to the rewriting of the Texas Constitution.
Texas had a unique position in the United States before the Civil War. It was admitted to the Union as a state in 1845, but it maintained control over its public lands and had the right to divide itself into multiple states. Slavery was also legal in Texas, and enslaved African Americans made up around 30% of the state's population at the time.
As the Civil War broke out, Texas found itself in a difficult position. The state had strong ties to the other slave-holding states of the Confederacy, and with the secession of six of these states, Texas felt it had no alternative but to join the South. In the early winter of 1860, Texan counties sent delegates to a special convention to debate the merits of secession.
On February 1, 1861, Texas declared its secession from the Union. A statewide referendum was held on February 23, and the motion passed with 75% of the votes in favor. The Secession Convention then declared Texas to be out of the Union and announced that it would join the new Confederate States of America. Sam Houston, the governor of Texas, opposed secession and refused to take an oath of allegiance to the Confederacy. As a result, he was removed from office.
Texas officially joined the Confederacy on March 2, 1861. The state contributed soldiers and supplies to the Confederate Army during the Civil War. Texas's supply role became difficult in mid-1863 when Union gunboats gained control of the Mississippi River, preventing large transfers of goods. Texas also attempted to sell cotton in Mexico, but the Union's naval blockade of Galveston, Houston, and other ports limited their ability to do so.
Texas's secession and participation in the Civil War had a significant impact on the state's constitution. The Constitution of 1876, which is still the foundation of Texas government today, reflects a deep mistrust of government power and imposes numerous limitations on state authority. It is one of the most restrictive state constitutions in the US and has been amended over 500 times.
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The end of the American Civil War in 1865
The American Civil War ended in 1865, with the surrender of Confederate General Robert E. Lee to Union General Ulysses S. Grant at Appomattox Court House in Virginia on April 9, 1865. This surrender marked the beginning of the end of the war, and the news of Lee's surrender spread throughout the country. However, there were still small skirmishes and pockets of resistance in the South. The final land battle was fought on May 13, 1865, at the Battle of Palmito Ranch in Texas, and on May 26, 1865, the last significant Confederate forces west of the Mississippi River surrendered.
On April 14, 1865, just five days after Lee's surrender, President Abraham Lincoln was assassinated by John Wilkes Booth, shocking both the North and the South. Lincoln had lived to see the effective end of the war, but he did not live to see its conclusion. The legal end of the war was declared by President Andrew Johnson on August 20, 1866, when he proclaimed that "the said insurrection is at an end and that peace, order, tranquillity, and civil authority now exist in and throughout the whole of the United States of America."
The end of the Civil War in 1865 brought about significant changes in the United States, most notably the end of slavery. Lincoln's Emancipation Proclamation, issued during the war, freed slaves in the Confederacy as the Union advanced. The 13th Amendment, ratified in December 1865, officially abolished slavery throughout the nation. The war-torn country then entered the Reconstruction era, which aimed to reunify the nation, rebuild the South, and grant civil rights to the newly freed slaves. This period saw the passage of the 14th Amendment, guaranteeing citizenship to former slaves, and the 15th Amendment, prohibiting the denial of voting rights based on race.
The end of the Civil War and the Reconstruction era had a significant impact on Texas, leading to the rewriting of its constitution in 1866. The state had been admitted to the Union in 1845, and the constitution of 1845 was replaced by a new one in 1861 at the beginning of the Civil War. The constitution of 1866 reflected the changes brought about by the war and the end of slavery. It was the sixth constitution of Texas and was adopted on February 15, 1866, marking a significant step in the state's history.
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Frequently asked questions
The current Texas Constitution is the seventh in Texas history, adopted on February 15, 1876.
In 1873, Democrats regained control of the Texas government and decided to rewrite the state constitution. They wanted to reduce the power and influence of the government, so they drafted a very specific and detailed document.
The Constitution of 1876 is much more restrictive than previous constitutions, imposing limitations on state authority, fragmenting executive power, and restricting the legislature's ability to act outside narrow boundaries.
The 1876 Constitution has been amended over 500 times, making it one of the most amended state constitutions in the U.S. Amendments have been made to address emerging state needs and to remove limitations on legislative action.
Yes, there have been several attempts to revise the Texas Constitution since 1876. Notable attempts include the creation of a Constitutional Revision Commission in 1967 and the formation of a Citizens Committee on the Constitution in 1949.
