Omar Bennett
Texas has had a unique history, passing through many iterations since 1824. The state has had seven constitutions, with the current one being adopted on February 15, 1876. The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since it achieved independence from Mexico in 1836. The constitution was framed by the Constitutional Convention of 1875 and remains the basic organic law of Texas. The previous constitutions were adopted in 1827, 1836, 1845, 1861, 1866, and 1869. The Texas Constitution of 1876 has been amended numerous times and is one of the most verbose and restrictive state constitutions in the United States. The signers of the Texas Declaration of Independence in 1836 were 59 delegates from Mexico, Scotland, England, Ireland, and 12 U.S. states.
| Characteristics | Values |
|---|---|
| Number of signers | 59 |
| Date of signing | March 2, 1836 |
| Type of document | Declaration of Independence |
| Nature of the document | Formal declaration of independence from Mexico |
| Signers' nationalities | Mexico, Scotland, England, Ireland, and 12 U.S. states |
| Number of amendments proposed from 1876 to 2024 | 714 |
| Number of amendments approved by the electorate | 530 |
| Number of amendments defeated | 181 |
| Amendments that never made it on the ballot | 3 |
| Texas Legislature under | Dustin's Rule |
| Texas Constitution's position on income tax | Banned |
| Texas Constitution's length | Over 63,000 words |
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What You'll Learn
The 59 signers of the Texas Declaration of Independence
On March 2, 1836, 59 delegates from Mexico, Scotland, England, Ireland, and 12 U.S. states convened in Washington-on-the-Brazos, Texas, to declare independence from Mexico formally. These men, comprising 12 lawyers, five physicians, four surveyors, and three planters, empresarios, and merchants, determined the future of Texas and, by extension, a significant portion of the United States.
The Texas Declaration of Independence, modelled after the United States Declaration of Independence, was the formal declaration of the Republic of Texas' independence from Mexico during the Texas Revolution. It was adopted at the Convention of 1836, also known as the Constitutional Convention, and was signed the day after it was drafted, due to errors found in the original text. The declaration was written by George Childress, who was aided by a committee of four other men. The Texas Declaration also echoed memorable expressions of American political principles, such as "the right of trial by jury, that palladium of civil liberty, and only safe guarantee for the life, liberty, and property of the citizen."
- Jesse B. Badgett
- Stephen W. Blount
- John W. Bower
- John S. D. Byrom
- José Antonio Navarro
- José Francisco Ruiz
- Lorenzo de Zavala
- Richard Ellis
- Edward Conrad
- James Gaines
- Bailey Hardeman
- Collin McKinney
And 47 others.
The Washington on the Brazos Historical Foundation and the Star of Republic Museum are dedicated to honouring the 59 men and their descendants through various programs and events. The Foundation has facilitated the location of nearly 9000 living descendants through genealogy research and encourages descendants to join the organisation to support the preservation of their ancestors' legacy.
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The Texas Constitution's evolution
Texas has had a unique history, passing through many iterations since 1824. It has been a 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. The current Texas Constitution, adopted on February 15, 1876, is the seventh in the state's history.
The first Texas Constitution was adopted in 1827, while Texas was still part of Mexico and the state of Coahuila y Tejas. In 1836, Texas declared itself an independent republic and adopted a new constitution, the Constitution of the Republic of Texas. This was written by George Childress and modelled after the United States Constitution. It established a unitary republic with a president who served a single three-year term. Lorenzo de Zavala helped draft this constitution and designed its flag.
In 1845, Texas was admitted to the Union, and a new constitution was adopted. This was followed by further constitutions in 1861, at the beginning of the American Civil War, in 1866, at the war's end, and in 1869. The Texas Constitution of 1876 was framed by the Constitutional Convention of 1875 and remains the basic organic law of Texas. It began with a lengthy bill of rights and included provisions on land titles, land law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights.
Since 1876, Texans have continued to hold on to the constitution, despite its need for frequent amendment and occasional obscurity. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, 530 of which were approved by the electorate. The Texas Constitution is the second-longest state constitution in the US and is also the third-most amended.
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The role of the president
Texas has had several constitutions throughout its history, owing to its unique evolution as a political entity. Texas has been, at various times, a 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.
The current Texas Constitution, adopted in 1876, is the sixth constitution since Texas gained independence from Mexico in 1836. It is the second-longest state constitution in the United States and the third-most amended. The Texas Constitution of 1876 began with a lengthy bill of rights, declaring Texas a free and independent state, subject only to the Constitution of the United States.
The Texas Constitution has been amended numerous times since 1876, with changes impacting the judiciary, public education, the state's financial system, suffrage requirements, and the terms of office for state and local officials.
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The rights of citizens
The Texas Constitution has been amended over 500 times since its adoption in 1876, making it one of the most amended state constitutions in the US. The document outlines the basic rights of Texas citizens, including:
Freedom of Religion
Citizens have the right to worship God according to their own beliefs. No one can be forced to participate in any religious activities or support any place of worship against their will. The state is responsible for ensuring that all religious denominations can peacefully practice their faith.
Freedom of Speech
Every citizen has the freedom to express their opinions without fear of censorship or legal repercussions, as long as they are held accountable for any misuse of this right.
Right to Bear Arms
Texans have the right to keep and bear arms for their defence and the defence of the state. However, the state legislature has the authority to regulate the wearing of arms to prevent crime.
Right to Assemble
Citizens have the right to assemble peacefully for their common good and to petition the government for redress of grievances.
Equality Before the Law
All people are equal before the law, regardless of race, colour, or previous condition. No citizen shall be deprived of any right, privilege, or immunity based on these factors.
Right to Property
No person's property can be taken for public use without just compensation or their consent. Additionally, no laws can be passed that impair the obligation of contracts or deprive a party of any contractual remedies.
Right to Due Process
Citizens have the right to due process and a fair trial. The writ of habeas corpus is guaranteed and cannot be suspended.
Right to Education
The constitution mandates the establishment of a university system, including what is now known as The University of Texas and Texas A&M University.
Limitations on Taxation
The constitution places restrictions on the ability of the legislature and local governments to impose taxes, particularly regarding local property taxes.
Separation of Powers
The Texas Constitution reflects a deep mistrust of government power and imposes limitations on state authority. It provides for the separation of powers and includes a detailed bill of rights.
The rights outlined above are subject to amendments and ongoing legal interpretations. The Texas Constitution has evolved over time, and some provisions may have been updated or modified since their original inclusion.
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Texas' unique history
Texas has a unique history that sets it apart from other states. Between 1824 and 1876, Texas underwent numerous significant transitions, at times being a part of the United States of Mexico, an independent republic, a state within the Confederate States of America, and eventually, a state within the United States of America. This dynamic period laid the foundation for Texas's distinctive trajectory.
The state's constitution reflects its complex past, with the current document being the seventh constitution in Texas history. The first constitution was adopted in 1827 when Texas was still part of Mexico, and subsequent constitutions were enacted in 1836, 1845, 1861, 1866, 1869, and finally, the current constitution in 1876. The Texas Constitution of 1876 is particularly noteworthy as it has endured despite its cumbersomeness and frequent amendment needs. Texans have chosen to retain it due to its comprehensive nature and the inclusion of provisions that are uniquely Texan.
The Texas Constitution of 1876 contains a lengthy bill of rights, asserting Texas as a free and independent state, subject only to the Constitution of the United States. It guarantees equal rights for all free men and safeguards the writ of habeas corpus. The constitution also addresses land titles and laws, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights. These provisions reflect Texas's historical influences, including Spanish and Mexican heritage.
The constitution's influence extends to education, empowering the establishment of notable universities. It mandates the creation of "a University of the first class," which became The University of Texas, and an "Agricultural, and Mechanical department," now known as Texas A&M University. Additionally, it establishes Prairie View A&M University. The constitution also plays a role in taxation, imposing various restrictions on the ability of the legislature and local governments to levy taxes, particularly regarding local property taxes.
Texas's history and constitutional evolution have left a lasting impact on the state. The declaration of independence in 1836, crafted by 59 delegates from diverse backgrounds, set the stage for Texas's journey. The constitution has been amended numerous times to adapt to changing needs, demonstrating the state's responsiveness to evolution. Texas's unique trajectory has resulted in a constitution that is one of the most verbose and amended state constitutions, reflecting the state's dynamic and independent spirit.
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Frequently asked questions
59 men signed the Texas Declaration of Independence in 1836.
The Texas Constitution has been written and rewritten many times. The Texas Declaration of Independence was written by George Childress.
The 59 signers of the Texas Constitution came from Mexico, Scotland, England, Ireland, and 12 U.S. states.
The Texas Constitution is the document that outlines the rights, powers, and prerogatives of the various governmental departments and agencies in Texas.
The Texas Constitution was first adopted in 1836, and has been rewritten and amended several times since. The current version was adopted in 1876.
