Simone Lawson
The Texas Constitution, the foundational governing document of the State of Texas, grants power to various entities and branches of government. Ratified in 1876, it outlines specific limitations on the power of the state government, reflecting a deep mistrust of government authority. The Constitution establishes the rights and prerogatives of governmental departments and agencies, including the legislative, executive, and judicial branches, prohibiting each branch from encroaching on the powers of the others. It also contains provisions that grant power to the governor, such as the ability to exercise a line-item veto over budget provisions and the authority to grant posthumous pardons. The Texas Constitution is one of the longest and most amended state constitutions in the US, reflecting the state's unique history and priorities.
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What You'll Learn
Separation of powers
The Texas Constitution of 1876 reflects a deep mistrust of government power and seeks to prevent state officials from usurping local governance. It imposes limitations on state authority, fragments executive power, and restricts the legislature's ability to act outside narrow boundaries. The constitution outlines the rights, powers, and prerogatives of various governmental departments and agencies, including the legislative, executive, and judicial branches of the state government.
Article 2 of the Texas Constitution provides for the separation of powers between these three branches, prohibiting each branch from encroaching on the powers of the others. This ensures that no single branch of government holds too much power and protects against government overreach.
The Texas Constitution is one of the longest and most amended state constitutions in the US, reflecting the state's unique history and desire to protect specific topics in the strongest way possible. It has been amended over 500 times since its adoption, with attempts to overhaul or replace it entirely throughout the 20th and 21st centuries. The constitution's wealth of detail, including specific topics like local government, taxes, and private property rights, has been both praised as a strong safeguard and criticised as a hindrance to efficient governance.
The Texas Constitution's focus on limiting government power and providing for the separation of powers between branches demonstrates a commitment to distributing power and preventing its concentration in any one branch or entity. This separation of powers is a key feature of the Texas Constitution and helps to shape the state's political landscape.
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Limitations on state authority
The Texas Constitution, which was ratified in 1876, is the foundation of the state's government and outlines the basic rights of its citizens. It is the second-longest state constitution in the United States and has been amended over 500 times since its adoption. The document reflects a deep mistrust of government power and places several limitations on state authority.
One key limitation on state authority in the Texas Constitution is the separation of powers. Article 2 of the constitution prohibits each branch of the state government (legislative, executive, and judicial) from encroaching on the powers of the others. This fragmentation of power restricts the legislature's ability to act outside narrow boundaries.
The Texas Constitution also includes a Bill of Rights, which offers protections solely against actions by the Texas government. This Bill of Rights is more detailed than the federal Bill of Rights and contains unique provisions. For example, Section 12 of the Texas Bill of Rights recognizes the writ of habeas corpus as an unqualified right and prohibits its suspension under any circumstances, which is a stronger protection than that offered by the U.S. Constitution.
Additionally, the Texas Constitution places limitations on the authority of cities within the state. Section 4 states that a city with a population of 5,000 or fewer can only exercise powers granted to it by general law. Section 5 allows a city with a population exceeding 5,000 to adopt a charter under home rule, provided it does not conflict with the Texas Constitution or general law.
The Texas Constitution also includes provisions that protect religious freedom and prohibit religious interference. Section 14 states that no person shall be compelled to attend or support any place of worship against their consent, and that no human authority should interfere with the rights of conscience in matters of religion. It also requires the legislature to pass laws protecting the equal enjoyment of religious worship for all denominations.
Overall, the Texas Constitution's limitations on state authority reflect a desire to prevent government overreach and preserve local control and individual rights. These restrictions have led to frequent amendments to address emerging state needs, but they continue to shape the structure and function of Texas's government today.
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Local control of schools
The Texas Constitution of 1876 reflects a deep mistrust of government power and imposes several limitations on state authority. It restricts the legislature's ability to act outside narrow boundaries, and its design has led to the need for frequent amendments to address emerging state needs.
Article IX of the Texas Constitution of 1869, which focuses on public schools, outlines the state's responsibility to establish and maintain a system of public-free schools for the gratuitous instruction of inhabitants between the ages of six and eighteen. It establishes the role of a Superintendent of Public Instruction, who is responsible for supervising public-free schools and performing duties as directed by the Legislature. The Legislature is also empowered to create school districts, form boards of school directors, and grant legislative powers to these boards.
While the Texas Constitution grants significant powers to the Superintendent and the Legislature regarding public schools, it is worth noting that school districts have a degree of autonomy. For example, school districts can determine that certain expenditures, such as infrastructure costs, serve a "public purpose" and are necessary for the conduct of public schools, demonstrating their discretion in financial matters. Additionally, school districts have the authority to implement control measures, indicating a level of local control in ensuring compliance within their jurisdictions.
However, the Texas Constitution also places some limitations on school districts. For instance, the Constitution outlines the establishment and endowment of public-free schools, including the creation of a Public School Fund. This fund is derived from various sources, such as the sale of public lands and a portion of annual revenue from general taxation, demonstrating the state's involvement in ensuring adequate funding for education. Additionally, the Legislature is responsible for laying off the state into convenient school districts, indicating that the state plays a role in shaping the structure of the education system.
In conclusion, while the Texas Constitution grants significant powers to the Superintendent and the Legislature in managing public schools, school districts retain a degree of autonomy in financial matters and compliance. However, the state also plays a crucial role in ensuring adequate funding for education and shaping the overall structure of the education system, demonstrating a balance between local control and state involvement in education.
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Religious tests for public office
The Texas Constitution, which was ratified in 1876, is founded on a deep-rooted mistrust of government power. It imposes several limitations on state authority, fragments executive power, and restricts the legislature's ability to act outside narrow boundaries. The Texas Bill of Rights, which is part of the state constitution, includes rights similar to those in the U.S. Bill of Rights but is more detailed and contains provisions unique to Texas.
One such provision in the Texas Bill of Rights relates to religious tests for public office. Article 1, Section 4 of the Texas Bill of Rights states:
> "No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being."
This provision prohibits religious tests for public officeholders in Texas. However, it also includes a caveat that requires officeholders to "acknowledge the existence of a Supreme Being." While this section has not been invalidated by the Texas Legislature or directly overturned by the U.S. Supreme Court, it may be legally vulnerable under federal precedent.
The inclusion of this caveat in the Texas Constitution is not unique. Historically, religious "Test Acts" were common in Anglican-run England and the American colonies, effectively barring Catholics and non-Anglican Protestants from holding civil offices. While the U.S. Constitution and its First Amendment prohibit religious tests for federal officeholders, similar tests were included in some state constitutions. Over time, the Supreme Court has ruled against these state-level religious tests, most notably in the 1961 case of Torcaso v. Watkins, which centred around an atheist's right to serve as a notary public in Maryland. Despite these rulings, a few states still have language in their constitutions that requires officeholders to believe in God or a Supreme Being.
In conclusion, while the Texas Constitution grants significant power to the state government, it also includes provisions that limit and fragment that power. One such provision is the prohibition of religious tests for public officeholders, which is qualified by the requirement to acknowledge a Supreme Being. This qualification may be legally vulnerable, given federal precedent set by the Supreme Court. The presence of similar qualifications in other state constitutions has led to legal challenges and rulings by the Supreme Court, highlighting the ongoing debate over the role of religion in public office in the United States.
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City populations and power
The Texas Constitution, which was ratified in 1876, reflects a deep mistrust of government power and places several limitations on the power of the state government. It also outlines the separation of powers of the legislative, executive, and judicial branches of the state government.
In terms of city populations and power, the Texas Constitution grants varying degrees of power based on the size of a city's population. Sections 4 and 5 of the Constitution discuss the operation of cities based on population. Section 4 states that a city with a population of 5,000 or fewer has only those powers granted to it by general law. On the other hand, Section 5 allows a city with a population exceeding 5,000 to adopt a charter under home rule, provided it does not conflict with the Texas Constitution or general law. This means that larger cities in Texas have more power to govern themselves and make decisions at the local level, while smaller cities have less autonomy and are more limited by state laws.
The most populous cities in Texas as of 2025 are Houston, San Antonio, Dallas, Austin, and Fort Worth, with populations of over 900,000 each. These large cities likely have more power to make their own rules and regulations compared to smaller cities in the state. Additionally, school districts in Texas may adopt home rule regardless of their size, although none have chosen to do so.
It's worth noting that the Texas Constitution has been amended over 500 times since its adoption, and attempts to replace it have been made throughout the 20th and 21st centuries. The Constitution's complex structure has led to frequent amendments to address emerging state needs and debates about its effectiveness in governing the state.
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Frequently asked questions
The Texas Constitution grants the most power to the people of Texas. It was designed to prevent state officials from taking advantage of vague language and to protect against government overreach.
The Texas Constitution is one of the longest and most amended state constitutions in the US. It contains over 63,000 words and covers a wide range of topics, including local government, taxes, and private property rights. It also includes a Bill of Rights that applies solely to actions by the Texas government.
The Texas Constitution has been amended over 500 times since its ratification in 1876. Attempts to overhaul or replace it entirely have been made throughout the 20th and 21st centuries, but none have succeeded. The most recent attempt was in 1975, when an extensive revision was rejected by voters.
The Texas Constitution contains several provisions that are unique to the state, such as a stricter separation of church and state, and the recognition of the writ of habeas corpus as an unqualified right. It also includes specific limitations on the power of the state government and the separation of powers between the legislative, executive, and judicial branches.
