Isabella Carter
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since achieving independence from Mexico in 1836. The 1876 Constitution was drafted by delegates at the 1875 Constitutional Convention, which was dominated by Democrats—many of whom were former Confederates seeking to restore local control and reduce government spending. The resulting document was ratified in 1876 and remains the foundation of Texas government today.
| Characteristics | Values |
|---|---|
| Drafted by | White Anglo Democrats, many of whom were former Confederates |
| Date of ratification | February 15, 1876 |
| Number of amendments | Over 500 |
| Length | Over 63,000 words |
| Number of proposals approved by voters by 1980 | 235 |
| Number of amendments submitted by September 1928 | 99 |
| Number of amendments approved by September 1928 | 43 |
| Number of constitutional amendments proposed by the Texas Legislature from 1876 to 2024 | 714 |
| Number of constitutional amendments approved by the electorate from 1876 to 2024 | 530 |
| Number of constitutional amendments defeated from 1876 to 2024 | 181 |
| Number of amendments that never made it on the ballot from 1876 to 2024 | 3 |
| Number of obsolete provisions repealed in 1969 | 56 |
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What You'll Learn
The 1875 Constitutional Convention
The framers of the 1876 Constitution sought to limit the power of the state government and promote agrarian interests, particularly those of small farmers. They wanted strong popular control of the state government, which, in their minds, meant control by White males. The constitution's bill of rights declared that Texas was a free and independent state, subject only to the Constitution of the United States, and that all free men had equal rights. It also forbade religious tests for office (except for the acknowledgement of a Supreme Being), unreasonable searches, and imprisonment for debt. Additionally, it guaranteed liberty of speech and press, the right to bear arms, and the right of the accused to obtain bail and be tried by a jury.
The 1876 Constitution has been amended numerous times due to its highly restrictive nature. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, with 530 being approved by the electorate. The constitution's more than 63,000 words make it one of the most verbose state constitutions in the United States.
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Democrats and former Confederates
The Texas Constitution of 1876 was drafted by delegates at the 1875 Constitutional Convention, which was dominated by Democrats—many of whom were former Confederates. This was during a period of widespread discontent with the centralised authority and perceived excesses of the Reconstruction-era government. The resulting document was ratified in 1876 and remains the foundation of Texas government today.
The 1875 Constitutional Convention included 75 White Democrats, 15 Republicans, and 6 African Americans. Of the 96 delegates, 40 were farmers, and 40 were members of the Grange, a coalition that promoted the interests of farmers in the mid-1870s. The Grange drove much of the content of the constitution, especially checks on both public and private power.
The 1876 Constitution was a conservative document with a populist flavour. It broke with the activist government model of the Reconstruction constitutions of 1866 and 1869, reflecting 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 framers of the 1876 Constitution sought to limit the power of state government, promote economy in government, and advance agrarian interests, particularly those of small farmers.
The 1876 Constitution also included a lengthy bill of rights, declaring Texas a free and independent state, subject only to the Constitution of the United States. It guaranteed equal rights for all free men, liberty of speech and press, the right to keep and bear arms, and the right of the accused to obtain bail and be tried by a jury. The legislature was to be composed of two houses: a Senate of 31 members and a House of Representatives not exceeding 150 members.
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Limitations on state authority
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since independence from Mexico in 1836. The 1876 Constitution was drafted in 1875 and came into force on February 15, 1876, following a vote of 136,606 to 56,652. It remains the basic organic law of Texas.
The 1876 Constitution was drafted by a convention dominated by Democrats, many of whom were former Confederates. This group sought to restore local control and reduce government spending. The resulting document reflected a deep mistrust of government power and imposed numerous limitations on state authority. The document restricted the legislature's ability to act outside narrow boundaries and fragmented executive power.
The 1876 Constitution contains a lengthy bill of rights. It declares that Texas is a free and independent state, subject only to the Constitution of the United States, and that all free men have equal rights. It also guarantees freedom of speech and press, the right to keep and bear arms, and the right of the accused to obtain bail and be tried by a jury. The document also forbids unreasonable searches and imprisonment for debt.
The 1876 Constitution has been amended over 500 times since its adoption. This is due to its highly restrictive nature, which has required frequent amendments to address emerging state needs. The document's restrictive nature is also reflected in its provisions on public education and the judiciary, which have been significantly altered or expanded over time.
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Populist and conservative themes
The Texas Constitution of 1876 was a conservative document with populist themes. It was drafted during a time of widespread discontent with the centralised authority and perceived excesses of the Reconstruction-era government. The 1875 Constitutional Convention that wrote the document was dominated by Democrats, many of whom were former Confederates seeking to restore local control and reduce government spending.
The 1876 Constitution reflected a deeply rooted mistrust of government power and broke with the more activist government model laid out by the Reconstruction constitutions of 1866 and 1869. It imposed numerous limitations on state authority, fragmented executive power, and restricted the legislature's ability to act outside narrow boundaries. The framers of the constitution sought to limit the power of the state government and promote economy in government, meaning that government would spend as little as possible and as efficiently as possible.
The 1876 Constitution also contained populist themes. It sought to protect those being harmed by the social and economic changes that transformed Texas after Reconstruction. New social and economic conditions, particularly the aggregation of capital in immense railroad systems, gave rise to new social and political problems. To address these problems, the constitution restricted the activities of the government and prevented corruption. The constitution also provided for popular control of state government, limiting the appointment powers of the governor and making judges and other public officials subject to election.
The 1876 Constitution began with a lengthy bill of rights, declaring that Texas was a free and independent state, subject only to the Constitution of the United States, and that all free men had equal rights. It also forbade religious tests for office (except for the acknowledgement of the existence 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 Texas Constitution of 1876 remains the basic organic law of Texas, though it has been amended hundreds of times due to its restrictive nature and need for frequent amendment.
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Checks on public and private power
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since it gained independence from Mexico in 1836. The document was framed by the Constitutional Convention of 1875, which was dominated by Democrats, many of whom were former Confederates. The convention included 75 White Democrats, 15 Republicans, and 6 African Americans. Forty of the delegates were farmers, and 40 were members of the Grange, a coalition that promoted the interests of farmers. The Grange drove much of what would be included in the ratified version of the constitution, especially checks on both public and private power.
The 1876 Constitution was a conservative document with populist elements. It broke with the activist government model of the Reconstruction constitutions of 1866 and 1869, reflecting 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. The framers of the constitution sought to limit the appointment powers of the governor, as provided by the Constitution of 1869. They wanted strong popular control of state government, serious limits on the power of the state government, an efficient and economical government, and the promotion of agrarian interests, especially those of small farmers.
The 1876 Constitution begins with a lengthy bill of rights, which includes provisions such as Texas being a free and independent state, all free men having equal rights, the right to keep and bear arms, liberty of speech and press, and the right of citizens to obtain bail and be tried by a jury. The legislative article defined the powers and limitations of the legislature in great detail, specifying a two-house system with a Senate of 31 members and a House of Representatives with a maximum of 150 members.
The Constitution of 1876 has been amended over 500 times, making it one of the most amended state constitutions in the US. Amendments have been necessary due to the document's highly restrictive nature, which has required frequent changes to address emerging state needs. Changes have included the expansion of the public school system, the establishment of new sources of revenue, the revision of basic suffrage requirements, and the lengthening of the term of office for state and local officials.
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Frequently asked questions
The 1876 Texas Constitution was dominated by Democrats, many of whom were former Confederates seeking to restore local control and reduce government spending.
The motivations of those who dominated the drafting of the constitution included a desire to prevent another government such as that of E.J. Davis, a pro-Union southerner who served as governor from 1870 to 1874. The 1876 Constitution sought to limit the power of the state government and promote agrarian interests, particularly those of small farmers.
The 1876 Constitution was drafted during a period of rapid social and economic change in Texas, including the aggregation of capital in immense railroad systems. The previous Constitution of 1869 was considered too radical by many Texans, and the Constitutional Convention of 1875 was dominated by the Grange, a coalition that promoted the interests of farmers.
The 1876 Texas Constitution was a conservative document with populist elements. It broke with the activist government model of the Reconstruction constitutions of 1866 and 1869, seeking to limit the power of the state government and restrict the activities of government. It also included a lengthy bill of rights, guaranteeing freedoms such as liberty of speech and press, and the right to keep and bear arms.
