Simone Lawson
Texas has had a long and complex constitutional history, passing through many iterations since 1824. The current Texas Constitution was first adopted in 1876 and remains the foundation of Texas government today. The Constitution of 1876 reflects a deeply rooted mistrust of government power, imposing limitations on state authority and restricting the legislature's ability to act. Since its adoption, the 1876 Constitution has been amended over 500 times, making it one of the longest and most amended state constitutions in the US.
| Characteristics | Values |
|---|---|
| Year of adoption | 1876 |
| Number of amendments | Over 500 |
| Length | One of the longest in the country |
| Ease of amendment | Frequent |
| Nature of government | Deeply mistrustful of government power |
| Powers of government | Limited |
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What You'll Learn
The Republic of Texas
Texas has had a long and complex constitutional history, with the state's first constitution being drafted in 1827 when Texas was still part of Mexico. Texans wanted more autonomy from Mexico, which led to the Conventions of 1832 and 1833, where they wrote their own constitution, the Constitution of 1833. This established a state government with a bicameral legislature, an executive branch, and a judicial branch. However, Mexico rejected this proposal.
On March 2, 1836, Texas declared itself an independent republic due to a lack of support in the United States for the Texas Revolution. The declaration of independence was written by George Childress and modelled after the United States Constitution. The Constitution of the Republic of Texas, drafted the same year, was the supreme law of Texas until 1845. This constitution established protections for slave ownership and prohibited "Indians" and "Africans" from becoming Texan citizens. It also included provisions for the president of the republic, such as a three-year term limit and a ban on consecutive reelection, modelled after the Mexican Constitution.
Texas was admitted into the Union in 1845 and adopted its first state constitution. The Constitution of 1845 established a bicameral legislature, with representatives serving two-year terms and senators serving four-year terms. It also outlined the powers of the governor and the structure of the judicial branch.
After seceding from the Union in 1861 to join the Confederate States, Texas adopted another new constitution aligned with Confederate interests. Following the Civil War, Texas was required to create another new constitution to rejoin the Union. The Constitution of 1869 expanded civil rights protections for formerly enslaved people and centralized power in the state government. However, this constitution proved unpopular, and in 1875, delegates met again to draft a new one.
The current Texas Constitution was ratified in 1876 and remains the foundation of Texas's government today. It reflects a deep mistrust of government power and has been amended over 500 times. It includes a Bill of Rights, which guarantees individual freedoms and protections, and outlines the three branches of Texas's government: the legislative, executive, and judicial.
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Confederate Texas
Texas has had a long and complex constitutional history, with several constitutions drafted since the early 19th century. The state's constitutional journey began in 1824 when Texas was part of Mexico. Texans sought independence from Coahuila and desired their own state government. This led to the Conventions of 1832 and 1833, where they discussed controversial Mexican policies, including the desire to prohibit the African slave trade into Texas. The delegates wrote the Constitution of 1833, establishing a government similar to that of the United States, with a bicameral legislature, an executive branch, and a judicial branch.
In 1836, Texas declared itself an independent republic due to a lack of support in the United States for the Texas Revolution. The declaration of independence was penned by George Childress and modelled after the United States Constitution. This led to the creation of the Constitution of the Republic of Texas, which was the supreme law of Texas from 1836 to 1845. This constitution protected the right to own slaves and prohibited "Indians" and "Africans" from becoming Texan citizens.
Texas was admitted into the Union in 1845, and it adopted its first state constitution that year. The Constitution of 1845 established a bicameral legislature, with representatives serving two-year terms and senators serving four-year terms. It also outlined the powers of the governor and the structure of the judicial branch.
During the Civil War, Texas seceded from the Union in 1861 and joined the Confederate States. As a result, Texas adopted a new constitution aligned with Confederate interests. After the Civil War, President Andrew Johnson appointed Andrew Jackson Hamilton as the provisional governor, tasking him with organizing a constitutional convention composed of loyal Unionists. This led to the Constitution of 1866, which Texas adopted as a condition of rejoining the Union and ending slavery.
However, Congress was dissatisfied with Texas's Reconstruction policies, leading to further constitutional changes. A new constitution was drafted between 1868 and 1869, expanding civil rights protections for formerly enslaved people and centralizing power in the state government. In 1875, amid discontent with centralized authority, delegates, including many former Confederates, met again to draft what became the current Texas Constitution of 1876. This constitution reflects a deep mistrust of government power and has been amended over 500 times, making it one of the most amended state constitutions in the US.
The Texas Constitution of 1876 establishes the fundamental laws governing Texas citizens. It includes a Bill of Rights, which guarantees individual freedoms and protections, such as the right to change the form of the government while adhering to republican ideals and expanded religious freedom. The constitution also outlines the three branches of Texas' government: the legislative, executive, and judicial branches.
In summary, Confederate Texas existed from 1861 to 1865, during which the state adopted a constitution reflecting Confederate interests. The post-Civil War period saw a series of constitutional changes, culminating in the current Texas Constitution of 1876, which remains the foundation of Texas government today.
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Post-Civil War Texas
Texas, which had joined the Confederate States of America in 1861, was defeated in the American Civil War. Following the war, U.S. Army soldiers arrived in Texas on June 19, 1865, to take possession of the state, restore order, and enforce the emancipation of slaves. The date is now commemorated as the holiday Juneteenth.
On June 17, 1865, President Andrew Johnson appointed Andrew Jackson Hamilton as the provisional governor of Texas and instructed him to organize a constitutional convention composed of loyal Unionists. The resulting convention proposed amendments, and a referendum was held on June 25, 1866, to ratify those changes. Texas adopted the 1866 Constitution as a condition of rejoining the Union, re-establishing civil government and recognizing the end of slavery.
However, due to dissatisfaction from Congress over the leniency of Texas's Reconstruction policies, further changes were required. Delegates met again in 1868–69, this time under the supervision of the U.S. military during Congressional Reconstruction. The resulting Constitution of 1869 expanded civil rights protections for formerly enslaved people and centralized power in the state government to help enforce federal Reconstruction policies.
In 1875, amid widespread discontent with the centralized authority and perceived excesses of the Reconstruction-era government, delegates met once more to draft a new state constitution. This constitutional convention was dominated by Democrats, many of whom were former Confederates seeking to restore local control and reduce government spending. The resulting document, the Constitution of 1876, was ratified on February 15, 1876, and remains the foundation of Texas government today, despite numerous amendments. It reflects a deeply rooted mistrust of government power and imposes limitations on state authority.
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Reconstruction-era Texas
Texas underwent significant political, social, and economic changes during the Reconstruction era following the Civil War. The state was in turmoil as it grappled with the aftermath of the war and the transition from slavery to a free labour system. Texas had joined the Confederacy in 1861, and after the Confederate defeat, U.S. Army soldiers arrived in Texas on June 19, 1865, to enforce emancipation and restore order.
The Reconstruction era in Texas was marked by efforts to redefine the social order and economic development. The end of slavery disrupted the antebellum elite's economic and social dominance, centred on plantations. The Freedmen's Bureau was established to manage the transition for freed slaves and oversee their labour contracts. Despite these changes, Texas continued to struggle with racism and violence against African Americans as whites attempted to reassert white supremacy. Additionally, conflicts with Native Americans, set aside during the Civil War, resurfaced with violence, resulting in the expulsion of the Apache and Comanche tribes from the state.
Texas underwent a series of constitutional changes during Reconstruction. President Andrew Johnson appointed Andrew Jackson Hamilton as the provisional governor of Texas in 1865, tasking him with organizing a constitutional convention. The resulting 1866 Constitution granted African Americans certain rights, such as the right to person and property, but fell short of extending equal rights. In 1868–69, under Congressional Reconstruction, delegates drafted the 1869 Constitution, which expanded civil rights protections for formerly enslaved people and centralized state government power. However, dissatisfaction with Reconstruction policies and centralized authority led to further constitutional changes.
In 1875, delegates, including many former Confederates, met again to draft a new constitution, resulting in the 1876 Constitution. This document reflected a deep mistrust of government power and imposed limitations on state authority. The 1876 Constitution remains the foundation of Texas's government today, although it has been amended numerous times. Texas fully rejoined the Union in 1870, and the end of Reconstruction was marked by agreements between Democrats and Republicans following the presidential election of 1876. Despite the turmoil and challenges, most White Texans emerged from Reconstruction with optimism about the state's progress and destiny.
The major author of the current Texas Constitution, which was enacted in 1876, was George Childress. He modelled it after the United States Constitution, borrowing language from it and the constitutions of several southern states. The Constitution of 1876 has been amended over 500 times and is one of the most amended state constitutions in the U.S.
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Modern Texas
The history of Texas is unique among US states, having passed through many iterations since 1824. Between 1824 and 1876, Texas was part of the United States of Mexico, an independent republic, a state within the Confederate States of America, and a state within the United States of America. Texas has had a total of seven constitutions, with the first drafted in 1827 when Texas was still part of Mexico.
The current Texas Constitution was drafted in 1875 amid widespread discontent with the centralized authority and Reconstruction-era government policies. The constitutional convention was dominated by Democrats, including former Confederates seeking to restore local control and reduce government spending. The resulting document was ratified in 1876 and reflects a deep mistrust of government power, imposing limitations on state authority and restricting the legislature's ability to act.
The Texas Constitution establishes the fundamental laws that govern all citizens and includes a Bill of Rights as the first section. This Bill of Rights guarantees rights such as freedom of religion and the right of the people to change the form of the government as long as it adheres to republican ideals. It also explicitly states that an individual's religious belief or non-belief will not impact the legal evaluation of their testimony.
The Constitution outlines the three branches of Texas' government: the legislative, executive, and judicial. The legislative power is vested in the "Legislature of the State of Texas", consisting of the state's Senate and House of Representatives. The executive branch includes the governor and vice-governor, while the judicial branch consists of the Supreme Court, district courts, and other courts.
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Frequently asked questions
The current Texas Constitution was first adopted in 1876 and has been amended over 500 times since. The 1876 Constitution was drafted by a convention of delegates dominated by Democrats, many of whom were former Confederates.
The Texas Constitution establishes the fundamental laws that govern the state's citizens. It also protects the rights of individual citizens and contains a Bill of Rights.
Texas has had seven constitutions. The first was drafted in 1827 when Texas was still part of Mexico.
