Eleanor Finch
The Constitution of Texas, created in 1876, is the foundational governing document of the state, second only to the US Constitution. It is the seventh constitution in Texas history and was written to address the state's dissatisfaction with the leniency of Reconstruction policies following the Civil War. The 1876 Constitution has been amended over 500 times and remains one of the longest and most amended state constitutions in the US. It establishes the fundamental laws governing Texas citizens and outlines the structure and function of the state government, including the separation of powers and a lengthy bill of rights.
| Characteristics | Values |
|---|---|
| Date of adoption | February 15, 1876 |
| Previous constitutions | 1827, 1836, 1845, 1861, 1866, 1869 |
| Reason for new constitution | Dissatisfaction with the leniency of Texas's Reconstruction policies |
| Number of amendments | Over 500 |
| Length | Second-longest state constitution in the US |
| Number of sections | 29 originally, now 34 |
| Bill of Rights | Longer and more detailed than the federal Bill of Rights |
| Legislative branch | Bicameral, with a Senate and House of Representatives |
| Judicial branch | Two systems for criminal and civil cases |
| Education | Provided for the establishment of the University of Texas |
| Racial segregation | Provided for segregated schools |
| Voting rights | Only granted to males |
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What You'll Learn
To reduce government power and influence
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since it achieved independence from Mexico in 1836. It was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, and remains the basic organic law of Texas.
The Constitution of 1876 was created to reduce government power and influence. It was a reaction to the Radical Republicans and Edmund Davis, who had governed Texas during the Reconstruction era following the American Civil War. The 1875 Constitutional Convention was dominated by Democrats, many of whom were former Confederates seeking to restore local control and reduce government spending. The resulting document was a conservative one with a distinctly populist flavour. It broke with the activist government model of the Reconstruction constitutions of 1866 and 1869, which had centralised power in the state government.
The 1876 Constitution sought to limit the appointment powers of the governor and divided his power among several executive leaders. It also reduced legislative sessions, allowing them to take place only every other year. The courts were divided into two systems for criminal and civil cases. The constitution also contained provisions protecting homesteads from bankruptcy proceedings and restricting institutions that were perceived to be harmful to farmers, such as banks and railroads.
The Texas Constitution of 1876 is the second-longest state constitution in the United States and one of the most amended. Since its adoption, it has been amended over 500 times, with 530 out of 714 proposed amendments being approved by the electorate. The large number of amendments is due to the document's highly restrictive nature, which has made it difficult to govern efficiently without changes.
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To prevent another government like Davis'
The Texas Constitution of 1876 is the sixth constitution by which Texas has been governed since it achieved independence from Mexico in 1836. The document was adopted on February 15, 1876, and remains the foundation of Texas government today.
The Constitution of 1876 was created to prevent another government like that of Edmund Davis. Davis was a Radical Republican who was in charge of Reconstruction in Texas after the American Civil War. The Reconstruction-era government was perceived to have overreached, and by 1875, there was widespread discontent with its centralized authority. Many Texans viewed the Constitution of 1869, which had been drafted under the supervision of the U.S. military, as overly restrictive.
The Democrats, who had regained power in Texas in 1873, wanted to dramatically downsize the power and influence of the government. They sought popular control of the state government and wanted to limit the appointment powers of the governor. The resulting Constitution of 1876 was a conservative document with a populist flavour. It broke with the activist government model of the Reconstruction constitutions of 1866 and 1869, seeking to protect those harmed by the social and economic changes that transformed Texas after Reconstruction.
The Constitution of 1876 was designed to restrict the powers of the state government to prevent corruption. It was a lengthy, rigid, and detailed document, and this was purposeful. The regulations curtailing government power were placed in the body of the constitution, rather than in statutes, to make them harder to reverse. The constitution's provisions outlined specific, fundamental limitations on the power of the state government. For example, legislative sessions were reduced and only allowed every other year, the governor's power was divided among several executive leaders, and the courts were divided into two systems for criminal and civil cases.
The Texas Constitution of 1876 has been amended over 500 times since its adoption. It is one of the longest and most amended state constitutions in the U.S. Attempts to overhaul or replace it entirely have been made throughout the 20th and 21st centuries, but none have succeeded.
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To protect agrarian interests
Texas adopted its current constitution on February 15, 1876, and it remains the basic organic law of Texas. The constitution was designed primarily by white males in a rural agrarian society. Texas, at the time, was an agricultural state. The framers of the constitution, wishing to protect agrarian interests, wrote provisions protecting homesteads from bankruptcy proceedings. They also restricted institutions that were perceived to be harmful to farmers, such as banks and railroads. There were detailed regulations on railroad competition, freight and passenger rates, and railroad construction incentives.
The 1876 Constitution was a conservative document with a populist flavour. It broke with the activist government model laid out by the Reconstruction constitutions of 1866 and 1869. The 1875 Constitutional Convention, which drafted the 1876 Constitution, was dominated by Democrats—many of whom were former Confederates seeking to restore local control and reduce government spending. The 1876 Constitution reflected the lack of faith in the government that the delegates had formed during the Reconstruction years. The framers sought popular control of the state government to limit the appointment powers of the governor as provided by the Constitution of 1869.
The 1876 Constitution has been amended over 500 times and remains one of the longest and most amended state constitutions in the U.S. It is the foundational governing document of the State of Texas, second only to the U.S. Constitution. All Texas laws and regulations must comply with the Constitution or risk being invalidated by the state courts. The Texas Constitution is notable for including very specific topics, including local government, taxes, and private property rights, that many other states leave to their legislatures.
The 1876 Constitution began with a lengthy bill of rights. It declared that Texas was a free and independent state, subject only to the Constitution of the United States, that all free men have equal rights, and that the writ of habeas corpus could not be suspended or unduly delayed. The article 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 the 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.
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To address discontent with the 1869 Constitution
The Constitution of 1869 was drafted by a coalition of moderate and radical Unionists, and it was the most nationalist and reform-oriented constitution Texas had ever seen. It was produced by the Constitutional Convention of 1868-1869, which was controlled by Moderate and Radical Republicans. The resulting constitution was markedly different from its predecessor, with a unique character that reflected the Unionists' vision of Texas.
The 1869 Constitution included a radical departure from earlier Texas constitutions, which had emphasised state sovereignty. It acknowledged the supremacy of the US Constitution and the federal government, repudiating the "heresies of nullification and secession" that had led to the Civil War. The document stated that its provisions could only be changed with the consent of the national government, and it embraced the idea that ultimate sovereignty resided with the United States. This was a significant shift in the concept of state rights, with Texas now accepting a more nationalistic view of the body politic.
The 1869 Constitution also expanded civil rights protections for formerly enslaved people, guaranteeing the right to vote for African American men and acknowledging the end of slavery. It centralised power in the state government to help enforce federal Reconstruction policies. Additionally, it included explicit directions for the development of a public school system and how to fund it.
However, the 1869 Constitution was born in controversy and prompted significant opposition. It was considered too radical by many Texans, and its centralising tendencies and specific restrictions on the use of state resources for private corporations were particularly unpopular. The convention that produced it was chaotic and slow, with delegates wrangling over issues like state debt, law enforcement, and racial equality under intense political pressure.
By 1875, Reconstruction was winding down, and Democrats had regained power in Texas. They took the opportunity to undo the acts of the 1869 Constitution, which they disliked. The widespread discontent with the centralised authority and perceived excesses of the Reconstruction-era government led to the drafting of a new constitution in 1875, which was ratified in 1876.
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To replace the 1866 Constitution, which was deemed insufficient
The Constitution of 1876 is the sixth constitution by which Texas has been governed since it achieved independence from Mexico in 1836. The document was adopted on February 15, 1876, and is the second-longest state constitution in the United States. It was created to replace the 1866 Constitution, which was deemed insufficient by the Radical Republicans in Washington who were in charge of Reconstruction in the South.
The 1866 Constitution was drafted during a tumultuous time for Texas. Following the end of the American Civil War, Texas had to amend its constitution to transfer statehood from the Confederacy back to the United States. The Constitutional Convention of 1866 proposed a series of amendments to the fundamental law, which became known as the Constitution of 1866.
The 1866 Constitution made changes to governance, legislative structure, and public education. It increased the governor's term to four years and raised the salary from $3,000 to $4,000 per year. The governor was prohibited from serving more than eight years in any twelve-year period and was given the item veto on appropriations. The comptroller and treasurer were elected by the voters to hold office for four years. The Senate was set to have between nineteen and thirty-three members, while the House would have between forty-five and ninety members, and legislators were required to be white men.
However, the 1866 Constitution did not go far enough for the Radical Republicans, and they called for another constitutional convention in 1868. This convention resulted in the Constitution of 1869, which expanded civil rights protections for formerly enslaved people and centralized power in the state government. However, this document was also controversial, and by 1875, with Reconstruction winding down and Democrats regaining power in Texas, delegates met once more to draft a new constitution.
The resulting document, the Constitution of 1876, reflected the delegates' lack of faith in the government formed during the Reconstruction years. It began with a lengthy bill of rights, declaring Texas a free and independent state and guaranteeing various freedoms and rights, including the right to keep and bear arms. It also defined the powers and limitations of the legislature in great detail, stipulating a two-house structure with a Senate and a House of Representatives.
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Frequently asked questions
Texas created a new constitution in 1876 because there was widespread discontent with the centralised authority and perceived excesses of the Reconstruction-era government. The Democrats had regained power in Texas by 1875 and wanted to rewrite the state constitution to dramatically downsize the power and influence of the government.
The 1876 constitution was a lengthy, rigid, and detailed document that sought to restrict the activities of the government. It was a conservative document with a populist flavour, protecting those being harmed by the social and economic changes that transformed Texas after Reconstruction. It also expanded on the bill of rights, declaring that Texas was a free and independent state, that all free men had equal rights, and that the writ of habeas corpus could not be suspended or unduly delayed.
The 1876 constitution has been amended over 500 times and is one of the longest and most amended state constitutions in the U.S. It has been criticised as outdated and inefficient, but attempts to overhaul or replace it have been unsuccessful. It remains the foundation of Texas government today.
