Omar Bennett
Texas has had several constitutions throughout its history, with the current one being the seventh. The first Texas constitution was written in 1827 when Texas was still part of Mexico. In 1836, Texas declared itself an independent republic and adopted a new constitution, which was influenced by the US Constitution and Mexican law. In 1845, Texas adopted another constitution upon its admission to the United States, and subsequent constitutions were adopted in 1861, 1866, 1869, and 1876. The 1876 constitution remains the basic organic law of Texas, despite being amended hundreds of times due to its restrictive nature.
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What You'll Learn
The Constitution of the Republic of Texas (1836)
The Constitution of the Republic of Texas contains nine portions, six articles, a schedule, General Provisions, and a Declaration of Rights. It established the three branches of government: legislative, executive, and judicial. The legislative branch was defined as a Senate and House of Representatives, to be called The Congress of the Republic of Texas. The members of the House of Representatives were chosen annually on the first Monday of September and held their office for one year until other provisions were made. To hold a seat in the House, they needed to be at least 25 years old, a citizen of the republic, and residing in the county or district represented for six months before the election. The House was to consist of no fewer than 24 or more than 40 members until the population reached 100,000, after which it could consist of no fewer than 40 or more than 100 members. The executive branch resembled the American presidency, and the judiciary system comprised justice, county, district, and supreme courts, with the district courts being the most important.
The Constitution of the Republic of Texas was influenced by the social and economic conditions of the time, as well as the constitutional and legal heritage of Texas, the southern and western states, and the United States. It incorporated large sections of the United States Constitution, along with Mexican law and the constitutions of several southern states. The threat of attack by Mexican cavalry and the haste to complete the document led to the inclusion of familiar features and language from other constitutions.
The Constitution of the Republic of Texas included a Declaration of Rights, which guaranteed certain freedoms and rights for the people of Texas. These included the right to 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. It also defined voting qualifications and procedures, with any male citizen aged 21 or above who had been in Texas for six months eligible to vote. Convicted criminals were not allowed to hold office, vote, or be on juries.
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The Constitution of Texas (1845)
Texas's first constitution was drafted in 1836 during the Texas Revolution. This constitution established Texas as an independent republic, borrowing language from the US Constitution and several other state constitutions.
The Constitution of 1845 set forth Texas law in a clear and concise manner. It established the three branches of government: legislative, executive, and judicial. The legislative branch was defined in detail as a bicameral legislature, consisting of a Senate and a House of Representatives, called The Congress of the Republic of Texas. Members of the House were to be chosen on the first Monday of September and hold office for one year. To be eligible for a seat in the House, representatives needed to be at least 25 years old, citizens of the republic, and residents of the county or district they represented for six months prior to the election. The House was to consist of between 24 and 40 members until the population reached 100,000, after which the number of members could be between 40 and 100.
The executive branch was headed by a governor, who was required to be a citizen and resident of Texas for at least three years before election and to be at least 30 years old. The governor could appoint the attorney general, secretary of state, and supreme and district court judges, with the confirmation of the Senate. The governor was also the commander-in-chief of the militia and had the power to grant pardons and reprieves. The judiciary consisted of a Supreme Court, district courts, and other inferior courts established by the legislature. The Supreme Court was composed of three judges, with any two forming a quorum.
The Constitution of 1845 also defined voting qualifications and procedures. Any male citizen over the age of 21 who had resided in Texas for at least six months was eligible to vote. Elections were to be held by ballot unless Congress determined otherwise. Convicted criminals were not allowed to hold office, vote, or serve on juries.
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The Texas Constitution of 1876
The 1876 Constitution contains some provisions that are uniquely Texan, influenced by the state's history and its Spanish and Mexican roots. It includes sections on land titles and law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights.
The document begins with a lengthy bill of rights, declaring Texas a free and independent state, subject only to the Constitution of the United States. It states that all free men are equal and that the writ of habeas corpus cannot be suspended or delayed. It also forbids religious tests for office (except for the acknowledgement of a Supreme Being), unreasonable searches, and imprisonment for debt. The constitution guarantees freedom 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 legislative article defines the powers and limitations of the legislature in detail. It establishes a bicameral legislature, with a Senate of 31 members and a House of Representatives not exceeding 150 members.
The Constitution of 1876 also made significant changes to the state's education and financial systems. It abolished the office of state superintendent, established a board of education, and provided for the establishment of the University of Texas. It also authorised the legislature to levy a poll tax of one dollar on males between 21 and 60 and appropriate up to one-fourth of the general revenue.
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The Texas Constitution's bill of rights
The Bill of Rights plays a pivotal role in safeguarding Texans' liberties and establishing a free and independent state. It underscores the sovereignty of Texas, asserting its freedom and autonomy while acknowledging its adherence to the Constitution of the United States. This recognition of state sovereignty is a cornerstone of the Bill of Rights, emphasising the importance of preserving local self-government.
One of the key tenets of the Texas Constitution's Bill of Rights is its assertion that all political power is inherent in the people. It recognises that free governments are founded on the people's authority and instituted for their benefit. This principle empowers Texans with the right to preserve, alter, reform, or abolish their government as they see fit, underscoring the state's commitment to a republican form of governance.
The Bill of Rights also encompasses a range of civil liberties and protections for Texans. It forbids religious tests for office, with the exception of acknowledging the existence of a Supreme Being. It guarantees freedom of speech and press, protects against unreasonable searches, and ensures the right to keep and bear arms. Additionally, it upholds the right of the accused to obtain bail and be tried by a jury, while also safeguarding against undue delays or suspensions of the writ of habeas corpus.
Furthermore, the Texas Constitution's Bill of Rights addresses specific rights and practices. It grants citizens the right to engage in accepted agricultural activities, such as farming, ranching, and timber production, on their own property. It also outlines the structure of the legislature, defining the powers and limitations of both the Senate and the House of Representatives. Over time, amendments have been made to address public education, the state's financial system, voting qualifications, and the expansion of the public school system.
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The Constitution's influence on Texas's judiciary
The Constitution of the Republic of Texas, drafted in 1836, was the first constitution of Texas. It was written in the midst of the Texas Revolution and incorporated large sections of the United States Constitution and Mexican law. This constitution established the three branches of government: legislative, executive, and judicial. The legislative branch was defined in greater detail as a Senate and House of Representatives, with members of the House holding office for one year.
The Constitution of 1845, adopted just before annexation, set forth Texas law in a simple and straightforward manner. It was considered one of the best state constitutions in the country at the time. This constitution was amended in 1861 to transfer Texas statehood from the United States to the Confederacy at the outset of the American Civil War.
The Constitution of 1866, which followed the American Civil War, declared the Ordinance of Secession null and void, agreed to the abolition of slavery, and provided some civil rights for freedmen. However, it did not go far enough for the Radical Republicans, leading to another constitutional convention in 1868.
The current Texas constitution, the Constitution of 1876, was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876. It remains the basic organic law of Texas. This constitution includes a lengthy bill of rights, declaring Texas a free and independent state and guaranteeing equal rights for all free men. It also includes provisions that are uniquely Texan, reflecting the state's unusual history and influences, such as Spanish and Mexican influence in sections dealing with land law, debtor relief, judicial procedures, marital relations, and mineral rights.
The Constitution of 1876 has had a significant influence on Texas's judiciary. The constitution's bill of rights includes provisions that are unique to Texas and offer greater protections than the federal Constitution. For example, it recognizes the writ of Habeas Corpus as an absolute right and prohibits its suspension under any circumstances, providing greater protection for individual liberty. The constitution also includes detailed restrictions on the ability of the legislature and local governments to impose taxes, particularly regarding local property taxes. Additionally, it has been amended numerous times to address the judiciary, with changes to provisions relating to public education, the state's financial system, and the governor's office.
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Frequently asked questions
The first Texas Constitution was written by the delegates to the 1836 Convention. It was drafted during the Texas Revolution and was based on the United States Constitution and Mexican law.
The first Texas Constitution was called the Constitution of the Republic of Texas.
The first Texas Constitution was written in 1836.
There have been seven Texas Constitutions, including the Mexican Constitution.
