Malcolm Rivera
The Texas Constitution is the document that establishes the structure and function of the government of Texas and outlines the basic rights of its citizens. Texas has had seven constitutions in its history, with the current one being adopted on February 15, 1876. The Texas Constitution is the second-longest state constitution in the United States and contains provisions that are uniquely Texan, reflecting the state's unusual history and influences. While the Texas Constitution has been amended multiple times, it remains the basic organic law of the state. The interpretation of the Texas Constitution has evolved over time, with the Texas Supreme Court playing a role in interpreting and shaping the law.
| Characteristics | Values |
|---|---|
| Final interpreter of the Texas Constitution | Congress |
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What You'll Learn
The Texas Constitution of 1876
The constitution contains some provisions that are uniquely Texan, many of which are products of the state's unusual history. Some, for example, may be traced to Spanish and Mexican influence. Among them are sections dealing with land titles and land law in general, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights. Other atypical provisions may be attributed to the twin influences of Jacksonian agrarianism and frontier radicalism, both prevalent when Texas first became a state.
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 consisting of thirty-one members and a House of Representatives never to exceed 150 members. Changes in the article on the judiciary have been so sweeping that the article has been almost completely rewritten. Alterations in provisions relating to public education have also removed original limitations and permitted the expansion of the public school system. Provisions relating to the state's financial system have been altered to permit the adoption of new expenditure programs and the exploitation of new sources of revenue.
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The Governor's role
The Governor of Texas has a qualified negative on all bills passed by the Legislature, meaning they can override any bill with the consent of two-thirds of both Houses of the Legislature. The Governor also has the power to call forth the Militia, convene the Legislature for a special session on extraordinary occasions, execute the laws of the State, and fill up vacancies not provided for by law with the consent of two-thirds of the Senate. The Lieutenant Governor automatically assumes the power of Governor if and when the Governor travels outside the state or is impeached. The Governor also appoints the Secretary of State, who has the constitutional duty of keeping the Seal of the State, and all commissions are signed by the Governor, affixed with the State Seal, and attested to by the Secretary of State.
The Texas Constitution, which is the second-longest state constitution in the United States, establishes the structure and function of the Texas government and enumerates the basic rights of its citizens. It contains provisions that are uniquely Texan, influenced by the state's history, Spanish and Mexican law, Jacksonian agrarianism, and frontier radicalism. The Texas Constitution has been amended numerous times due to its highly restrictive nature, and it has been criticised for its verbosity, poor drafting, and scattered provisions.
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Texas Bill of Rights
Texas's current constitution, adopted on February 15, 1876, is the seventh constitution in the state's history. The Texas Constitution is the second-longest state constitution in the United States. It establishes the structure and function of the government of Texas and enumerates the basic rights of its citizens.
Constitutional government in Texas began with the Mexican Federal Constitution of 1824, which was patterned after the United States Constitution. Congress was made the final interpreter of this document.
The Texas Constitution of 1876 began with a lengthy Bill of Rights. The Texas Bill of Rights includes many rights similar to those found in the U.S. Bill of Rights, but it is more detailed and contains provisions unique to Texas. The Texas Bill of Rights applies solely to actions by the Texas government.
The Texas Bill of Rights 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 forbids religious tests for office (except for the acknowledgement of a Supreme Being), unreasonable searches, and imprisonment for debt. It guarantees 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 Bill of Rights also includes provisions that are uniquely Texan, many of which are products of the state's unusual history. For example, sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights.
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Separation of powers
The Texas Constitution is the document that establishes the structure and function of the government of Texas and enumerates the basic rights of its citizens. The current Texas Constitution, adopted on February 15, 1876, is the seventh constitution in Texas history. The previous six were adopted in 1827, 1836, 1845, 1861, 1866, and 1869.
The Texas Constitution has been amended numerous times since its adoption, with the Texas Legislature proposing 714 constitutional amendments from 1876 to 2024. The document stipulates that the state of Texas has only those powers explicitly granted to it and provides for the separation of powers between the legislative, executive, and judicial branches of the state government.
The legislative branch is composed of two houses: a Senate of 31 members and a House of Representatives of no more than 150 members. The executive branch is headed by the Governor, who has the power to call forth the Militia, convene the Legislature for special sessions, execute the laws of the State, and fill vacancies with the advice and consent of the Senate. The judicial power is vested in a Supreme Court and superior courts of departments and districts.
The Texas Constitution also includes a bill of rights, which guarantees certain rights and freedoms for the citizens of Texas. These include the right to freedom of speech and press, the right to keep and bear arms, and the right to be tried by a jury, among others.
The separation of powers between the legislative, executive, and judicial branches of the Texas government helps to ensure a balance of power and prevent the concentration of power in a single branch. Each branch has its own distinct roles and responsibilities, and they serve as checks and balances on each other's power. This system of separation of powers is designed to protect the rights and freedoms of citizens and promote good governance.
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Influences on the Constitution
The Texas Constitution has been influenced by various factors, including Mexican, Spanish, and US constitutional models, as well as the state's unique history. The first constitution, the Mexican Federal Constitution of 1824, was patterned after the US Constitution but resembled the Spanish Constitution of 1812 more closely. This document established the structure of the government, with Congress as the final interpreter, and Catholicism as the state religion.
The Constitution of the Republic of Texas, which was in effect from 1836 to 1845, was modelled after the US Constitution and the constitutions of several southern states. It established Texas as an independent republic, with a unitary rather than a federal system. This constitution also protected the right to own slaves and prohibited "Indians" and "Africans" from citizenship or freedom in the country. The influence of Mexican constitutional traditions continued, with the 1845 constitution being adopted upon Texas' admission to the United States.
The current Texas Constitution, adopted in 1876, is the state's seventh constitution and contains provisions that are uniquely Texan, reflecting the state's history. Some of these provisions can be traced to Spanish and Mexican influence, such as those dealing with land titles, land law, debtor relief, judicial procedures, marital relations, adoption, and mineral rights. Other provisions reflect the influences of Jacksonian agrarianism and frontier radicalism, which were prevalent when Texas became a state.
The Texas Constitution has also been influenced by the need to address specific issues and adapt to changing circumstances. For example, there have been sweeping changes to the judiciary article, and provisions relating to public education have been amended to permit the expansion of the public school system. Additionally, the constitution's restrictive nature has led to numerous proposed amendments, with 714 amendments proposed by the Texas Legislature from 1876 to 2024, 530 of which were approved by the electorate.
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Frequently asked questions
Congress is the final interpreter of the Texas Constitution.
The Texas Constitution was patterned after the United States Constitution but resembled more the Spanish Constitution of 1812.
Congress was composed of two houses meeting annually from January 1 to April 15. The president could prolong the regular session for an additional thirty days and call extra sessions.
The president and vice president were elected for four-year terms by the legislative bodies of the states.
In the case of a tie or lack of a majority, the lower house of Congress elected the president and vice president.
