Omar Bennett
The Texas Constitution of 1876 is the sixth constitution since Texas gained independence from Mexico in 1836. It was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, and remains the foundation of Texas government today. The document contains a lengthy bill of rights, declaring Texas as a free and independent state, subject only to the Constitution of the United States, and guaranteeing equal rights for all free men. The constitution reflects a deep mistrust of government power, imposing limitations on state authority and restricting the legislature's ability to act outside narrow boundaries. It has been amended over 500 times and is one of the longest and most amended state constitutions in the US.
| Characteristics | Values |
|---|---|
| Date of adoption | February 15, 1876 |
| Position in Texas history | Sixth or seventh constitution since independence from Mexico |
| Framers | Constitutional Convention of 1875, dominated by Democrats |
| Popular vote | 136,606 to 56,652 |
| Purpose | To prevent another government such as Davis's |
| Themes | Popular control of state government, limiting power of state government, economy in government, promotion of agrarian interests |
| Legislative branch | Bicameral, with a Senate of 31 members and a House of Representatives of no more than 150 members |
| Legislative powers | Ability to levy a poll tax on men aged 21-60, appropriate a maximum of one-fourth of general revenue, and incur debt for specific purposes |
| Judiciary | Sweeping changes, almost completely rewritten |
| Public education | Removed original limitations, permitted expansion of the public school system, provided for segregated schools, established the University of Texas |
| State's financial system | Permitted adoption of new expenditure programs and exploitation of new sources of revenue |
| Governor's office | Reduced burden of detail, revamped suffrage requirements, lengthened term of office |
| Amendments | Amended over 500 times, one of the most amended state constitutions in the US |
| Rights | Liberty of speech and press, right to keep and bear arms, right of the accused to obtain bail and be tried by a jury, prohibition of religious tests for office except acknowledgement of a Supreme Being, prohibition of unreasonable searches and imprisonment for debt |
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What You'll Learn
The constitution's origins
The Texas Constitution of 1876 is the sixth constitution since Texas gained 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 Constitution of 1876 was drafted during a time of discontent with the centralised authority and perceived excesses of the Reconstruction-era government. The convention that produced it was dominated by Democrats, many of whom were former Confederates seeking to restore local control and reduce government spending. The resulting document imposed numerous limitations on state authority, fragmented executive power, and restricted the legislature's ability to act outside narrow boundaries.
The 1876 Constitution was also influenced by Texas's unusual history, including Spanish and Mexican influence, Jacksonian agrarianism, and frontier radicalism. It contains provisions dealing with land titles, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights.
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, that all free men have equal rights, and that the writ of habeas corpus could not be suspended or unduly delayed. The article 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 to 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 31 members and a House of Representatives not to exceed 150 members.
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Rights and freedoms
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since it achieved independence from Mexico in 1836. It was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by popular vote. The constitution contains provisions that are uniquely Texan, influenced by the state's history, Spanish law, and Mexican law.
The Texas Constitution of 1876 began with a lengthy bill of rights, which included the following provisions:
- Texas was declared a free and independent state, subject only to the Constitution of the United States.
- All free men were declared to have equal rights.
- The writ of habeas corpus could not be suspended or unduly delayed.
- Religious tests for office were forbidden (except for the acknowledgement of the existence of a Supreme Being).
- Unreasonable searches were prohibited.
- Imprisonment for debt was forbidden.
- Liberty of speech and press was guaranteed.
- The right of the accused to obtain bail and to be tried by a jury was established.
- The right of citizens to keep and bear arms was affirmed.
- The powers and limitations of the legislature were defined in detail.
- The legislature was to be composed of two houses: a Senate of 31 members and a House of Representatives not to exceed 150 members.
- The constitution also included provisions related to land titles, land law, debtor relief, judicial procedures, marital relations, adoption, and water and mineral rights.
- It authorised the legislature to levy a poll tax of one dollar on all male inhabitants between the ages of 21 and 60.
- The document provided for the establishment of the University of Texas.
- It abolished the office of state superintendent and founded a board of education composed of the governor, comptroller, and secretary of state.
- It removed compulsory school attendance and provided for segregated schools.
The Texas Constitution of 1876 reflected a deep mistrust of government power and sought to limit the power of the state government. It has been amended over 500 times since its adoption and remains one of the longest and most amended state constitutions in the United States.
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Legislature and governance
The Texas 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 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 reflects a deep-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 constitution contains provisions that are uniquely Texan and may be traced to Spanish and Mexican influence. These include sections dealing with land titles, land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights.
The legislative article of the 1876 Constitution defined the powers and limitations of the legislature in great detail. The legislature was to be composed of two houses: a Senate consisting of thirty-one members and a House of Representatives not exceeding 150 members. The document also abolished the office of the state superintendent and founded a board of education composed of the governor, comptroller, and secretary of state. It eliminated compulsory school attendance, provided for segregated schools, and made no provision for local school taxes.
The Constitution of 1876 also set aside a perpetual fund for education by allocating proceeds from land grants and public land sales. It authorised 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 no more than one-fourth of the general revenue.
The 1876 Constitution has been amended over 500 times to address emerging state needs and remains one of the most frequently amended state constitutions in the US.
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Judiciary and law
The Texas 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 and adopted on February 15, 1876, by a vote of 136,606 to 56,652. It remains the basic organic law of Texas.
The 1876 Constitution reflects a deep 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 also 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.
The 1876 Constitution's article on the judiciary has been significantly altered, almost to the point of being entirely rewritten. The changes 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.
The Constitution of 1876 also provided for the establishment of the University of Texas. It founded a board of education composed of the governor, comptroller, and secretary of state, eliminated compulsory attendance, provided for segregated schools, and made no provision for local school taxes.
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, that all free men have equal rights, and that the writ of habeas corpus could not be suspended or unduly delayed. The article also forbade unreasonable searches and imprisonment for debt, and it guaranteed liberty of speech and press, the right of the accused to obtain bail and to be tried by a jury, and the right of citizens to keep and bear arms.
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Amendments and revisions
The Texas Constitution of 1876 has been amended over 500 times and is one of the most frequently amended state constitutions in the US. The constitution is the second-longest state constitution in the US, and it remains the basic organic law of Texas.
The 1876 Constitution was framed by the Constitutional Convention of 1875, which was dominated by Democrats, many of whom were former Confederates. The document was ratified in 1876 and adopted on 15 February 1876. It was the sixth constitution since Texas gained independence from Mexico in 1836. The 1876 Constitution was designed to prevent another government like that of Edmund Davis, and it reflected a deep 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 1876 Constitution's bill of rights declared that Texas was a free and independent state, subject only to the US Constitution, that all free men are equal, 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 freedom of speech and the 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 Constitution of 1876 has been revised and amended numerous times to address emerging state needs and to keep up with changing times. For example, alterations have been made to provisions relating to public education, removing original limitations and permitting the expansion of the public school system. Changes have also been made to the state's financial system, allowing for new expenditure programs and new sources of revenue. The judiciary article has also been almost entirely rewritten.
Other amendments to the 1876 Constitution include:
- Lengthening the term of office for many state and local officials.
- Establishing an increasing number of specifically allocated funds in the state treasury.
- Prohibiting state recognition of same-sex marriage (added in 2005 and later deemed legally unenforceable).
- Prohibiting corruption of blood and forfeiture of estates, including in cases of suicide.
- Affirming the right of the people to hunt, fish, and harvest wildlife, subject to wildlife conservation regulations.
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Frequently asked questions
1876.
The Texas Constitution of 1876 was designed to limit the power of the state government and promote agrarian interests, particularly those of small farmers.
The framers of the Texas Constitution of 1876 were committed to four major themes: strong popular control of state government, limited power of state government, economy in government, and promotion of agrarian interests.
The Texas Constitution of 1876 is still the basis for Texas government today, although it has been amended over 500 times since its adoption. It is the second-longest state constitution in the United States.
The Texas Constitution of 1876 includes provisions related to land titles and land law, debtor relief, judicial procedures, marital relations and adoption, water and mineral rights, education, and the establishment of the University of Texas. It also includes a lengthy bill of rights, guaranteeing freedom of speech and press, the right to bear arms, and the right of the accused to obtain bail and a jury trial.
