Eleanor Finch
The Texas Constitution is the second-longest state constitution in the US, and it has been amended nearly 500 times since its inception. The state's first constitution was in effect from 1845 until 1861, when the second constitution was adopted. The current version of the Texas Constitution, which was established in 1876, is notable for its length and restrictive nature, and it is known for covering a wide range of specific topics in great detail. This excessive detail was intended to prevent state officials from exploiting vague language to usurp local governance.
| Characteristics | Values |
|---|---|
| Year Established | 1876 |
| Previous Versions | 1836, 1845, 1861, 1866, 1869 |
| Length | Second-longest state constitution in the US |
| Amendments | 498 since inception, 530 approved by the electorate, 181 defeated, 3 never made it to the ballot |
| Notable Aspects | Explicitly abolished slavery, guaranteed civil rights, stripped voting rights from former Confederate officers, restricted governor's powers |
| Ease of Amendment | Can be amended with a legislatively referred constitutional amendment, requiring voter approval |
| Topics Covered | Local government, taxes, private property rights |
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What You'll Learn
The Texas Constitution is one of the largest state constitutions in the US
The Texas Constitution has gone through several iterations since the state's first constitution in 1845. The current version has been amended nearly 500 times, with the majority of amendments being adopted by voters. The constitution is notable for its ease of amendment, which is in recognition of the fact that such a detailed document could easily become outdated.
The 1876 Constitution, which was a reaction to the perceived abuses of the 1869 version, established the pattern of a long, restrictive document. It was intended to act as a check on state government power, and went into great detail on many relatively minor issues. This excessive detail was a deliberate attempt to prevent state officials from exploiting vague language to usurp local governance.
The Texas Constitution is the fundamental document that outlines the state's framework for governance. It establishes the powers, structure, and limitations of the state government, as well as the rights of its citizens. It is divided into several articles, each covering a different aspect of governance. For example, Article 3 vests legislative power in the Legislature of the State of Texas, while Article 5 describes the composition and powers of the state's supreme court and other judicial bodies.
The Texas Constitution's length and amendability mean that it functions more as an adjunct to statutes than a static set of governing principles. Despite attempts to draft a new constitution, it remains a lengthy and detailed document that is frequently updated to keep up with societal changes.
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It has been amended nearly 500 times
The Texas Constitution is the second-longest state constitution in the United States, only exceeded by Alabama's. It is also the third-most amended state constitution, with nearly 500 amendments. As of 2019, it had been amended 498 times. Since 1995, voters have approved 164 additional constitutional amendments, bringing the total number of amendments to the 1876 Constitution to over 500.
The Texas Constitution has gone through several different versions. The first was the Texas Declaration of Independence & Constitution of the Republic of Texas in 1836. This was the first governing document of the Republic of Texas after it gained independence from Mexico. It was a concise document modelled on the US Constitution, and it was never amended. Texas redrafted its Constitution when it joined the United States, and it became longer and more detailed.
The 1876 Constitution is still in effect today, albeit in a much-amended form. It is known for being long and restrictive, reflecting 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. This excessive detail was intended to prevent state officials from taking advantage of vague language to usurp local governance. It also created the state's unusual double supreme court system.
The Texas Constitution can be amended with a legislatively referred constitutional amendment, which requires voter approval. Amendments do not require the governor's signature to be referred to the ballot. A simple majority vote (50% plus one) is required for voters to approve constitutional amendments. A two-thirds (66.67%) vote is required during one legislative session for the Texas State Legislature to place a constitutional amendment on the ballot.
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Amendments require voter approval
The Texas Constitution is one of the largest state constitutions in the US, and the second-longest, with only Alabama's constitution being longer. It has been amended nearly 500 times, making it the third-most amended state constitution. The constitution is notable for including a lot of very specific topics, such as local government, taxes, and private property rights, that many other states leave to their legislatures.
The Texas Constitution has gone through several different versions. The first governing document of the Republic of Texas was the Texas Declaration of Independence & Constitution of the Republic of Texas in 1836, after it won independence from Mexico. This was a very short document, based heavily on the US Constitution, and was never amended. Upon joining the United States, Texas redrafted its Constitution, making it longer and more detailed.
The Constitution of 1876 established the pattern of a long, restrictive document intended to act as a check on state government power. It restricted the governor's powers and went into great detail on many relatively minor issues. This excessive detail was intended to prevent state officials from taking advantage of vague language to usurp local governance.
Amendments to the Texas Constitution originate as joint resolutions in the Texas Legislature and then go to the voters for approval. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments. The Texas Constitution does not provide for amendment by initiative or referendum, constitutional convention, or any other means. A two-thirds (66.67%) vote is required during one legislative session for the Texas State Legislature to place a constitutional amendment on the ballot.
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The 1869 Constitution stripped voting rights from former Confederate officers
The Texas Constitution is one of the largest state constitutions in the US. It has gone through several versions due to Texas' dramatic history. The state's first constitution was in effect from 1845 until 1861, when Texas seceded and adopted a temporary constitution that was in effect until the second constitution became effective.
The 1869 Constitution, also known as the Reconstruction Rule, was drafted by a convention that remained in session until February 1869. It was pieced together by federal military forces occupying Texas from various proposed articles after the Constitutional Convention failed to agree on a final draft. It was notable for explicitly abolishing slavery and guaranteeing civil rights to all citizens, in compliance with the Reconstruction Acts passed by Congress.
However, the 1869 Constitution also included several provisions that upset many Texans. Most notably, it stripped voting rights from former Confederate officers and vested immense power in government officials, especially the governor. It also reduced local control over offices that had traditionally been locally elected, such as the judiciary, by centralizing the appointment of judges and some officials at the state level. All county judges and many municipal officers fell under increased state oversight.
The 1869 Constitution also attempted to impose controls on the labor system. It increased the term of senators from four to six years and made it easier for newcomers to obtain office. It also reduced the residency requirement for the governor from six to three years.
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The 1974 constitutional convention added a section to Article 17
The Texas Constitution is one of the largest state constitutions in the US. It has been amended nearly 500 times, with the current version being adopted on February 15, 1876. Texas has held five state constitutional conventions, including in 1845, 1861, 1866, 1868-69, and 1875.
The 1974 constitutional convention was an attempt to draft a new constitution to replace the 1876 version, which was considered cumbersome and outdated. The convention was convened by the Sixty-third Legislature as a unicameral body, with Lieutenant Governor Hobby as temporary chairman. The convention was originally planned to last 90 days, but members voted to extend it by 60 days, the maximum time allowed.
The 1974 convention added Section 2 to Article 17 of the 1876 Constitution. This new section was later repealed in 1999. It required the legislature to notify the public of elections to approve amendments. Specifically, it mandated that notices be published in officially approved newspapers, with a summary of each amendment and how it would appear on the ballot. It also required that the full text of each amendment be posted at each county courthouse at least 50 days before the election, but no sooner than 60 days.
The 1974 convention ultimately failed to propose a new constitution, falling short by just three votes. However, it did result in valuable research materials for constitutional scholars and historians. In 1975, the Legislature revived some of the work of the 1974 convention and proposed eight amendments to the existing constitution, but these were overwhelmingly rejected by voters. In 1979, four amendments originating from the 1974 convention were placed on the ballot, of which three were approved by voters.
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Frequently asked questions
The 1876 Constitution established the pattern of a long, restrictive document intended to act as a check on state government power.
The excessive detail in the long ballot was intended to prevent state officials from exploiting vague language to usurp local governance.
The Texas Constitution is the second-longest state constitution in the US, with Alabama's being the longest and California's the third-longest.
The Texas Constitution has been amended nearly 500 times since its inception, with 364 amendments between 1876 and 1995, and a further 164 amendments approved by voters since.
