Eleanor Finch
The Texas Constitution has been amended numerous times since its inception, with the Texas Legislature proposing 714 constitutional amendments between 1876 and 2024. However, the only method of amending the Constitution is through the Legislature, with voter approval. In 1975, voters rejected an extensive revision of the constitution, prepared by the Legislature. This may be due to the highly restrictive nature of the constitution, which is one of the most verbose and detailed state constitutions, resembling a code of laws rather than a constitution.
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What You'll Learn
The document was not prepared by a convention
The Texas Constitution of 1866 was not prepared by a convention, but rather by a committee of five delegates, including George Childress, Edward Conrad, James Gaines, Bailey Hardeman, and Collin McKinney. The committee submitted its draft within 24 hours, leading historians to speculate that Childress had written much of it before the convention began. The document closely followed the structure and tone of the United States Declaration of Independence and reflected Enlightenment principles, including the right to revolution when faced with a tyrannical government.
The Texas Constitution of 1866 addressed several key issues. Firstly, it declared secession null and void, cancelling the war debt and establishing the status of freedmen. Secondly, it implicitly abolished slavery by upholding the Thirteenth Amendment of the US Constitution, which the delegates had sworn to support. This decision was reached despite lengthy and contentious debates, with the majority of delegates agreeing that neither slavery nor involuntary servitude should exist in Texas, except as punishment for crimes.
The convention itself was marked by strong factions, including radical Unionists and radical secessionists, each holding significant power. The delegates initially vested supreme and final legislative and constituent powers in the convention. However, they ultimately voted to submit the proposed constitutional changes to the electors for approval. The Texas Constitution of 1866 faced challenges due to the diverse composition of the delegates, with many being recent arrivals to Texas and some having participated in battles against Mexico during the Texas Revolution of 1835.
The Texas Declaration of Independence, on the other hand, was prepared by a convention in 1836. This convention differed from previous Texas councils and consultations. The delegates, including natives of various states and countries, drafted the declaration, established the Republic of Texas, and organised an interim government. However, the focus of the 1836 convention was primarily on the declaration rather than the constitution.
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Adoption may antagonize the federal government
The Texas Constitution of 1876 was rejected by the legislature because of the possibility that its adoption might antagonize the federal government. The document was not prepared by a convention, and its adoption could have led to conflict with the federal government. Governor Richard Coke advised the next legislature to submit the question of a constitutional convention to the voters, who approved the convention on August 2, 1875. The convention was dominated by Democrats, including former Confederates, and resulted in a conservative constitution.
The Texas Constitution of 1876 included a lengthy bill of rights, declaring Texas as a free and independent state, subject only to the Constitution of the United States. It guaranteed equal rights for all free men, prohibited religious tests for office (except for the acknowledgement of a Supreme Being), and protected against unreasonable searches and imprisonment for debt. It also ensured freedom of speech and press, the right to bear arms, and the right to a trial by jury.
The highly restrictive nature of the Texas Constitution has led to numerous proposed amendments, with 530 of 714 proposed amendments being approved by the electorate between 1876 and 2024. The constitution's wealth of detail and restrictive nature on state and local governments have made it one of the most verbose and restrictive state constitutions in the United States.
The Texas Constitution's bill of rights is considerably lengthier and more detailed than the federal Bill of Rights, and it includes some provisions not included in the US Constitution. For example, it explicitly provides for the separation of powers and incorporates the bill of rights directly into the text. The Texas Constitution also stipulates that the state of Texas only has the powers explicitly granted to it, with no counterpart to the federal Necessary and Proper Clause.
The Texas Constitution has a unique history, influenced by Spanish, Mexican, Jacksonian agrarianism, and frontier radicalism. The only method of amending the constitution is through the Legislature, with voter approval. This process has been utilized multiple times, with eight amendments proposed in 1975 being overwhelmingly rejected by voters, and three of four amendments proposed in 1979 being approved.
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The constitution was verbose and restrictive
The Texas Constitution of 1876 is one of the most verbose state constitutions, with over 63,000 words. Its wealth of detail causes it to resemble a legal code rather than a constitution. The constitution's many requirements and limitations on state and local governments make it highly restrictive.
The constitution's length is partly due to its detailed bill of rights, which is significantly longer and more detailed than the federal Bill of Rights. The bill of rights includes provisions such as forbidding religious tests for office (except for the acknowledgement of a Supreme Being), unreasonable searches, and imprisonment for debt. It also guarantees freedom of speech and the press, the right to a jury trial, and the right to keep and bear arms.
The legislative article of the constitution is also very detailed, defining the powers and limitations of the legislature. It stipulates that the legislature is to be composed of two houses: a Senate of 31 members and a House of Representatives not to exceed 150 members.
The constitution's restrictive nature has led to numerous proposed amendments, as it stipulates that the state of Texas only has the powers explicitly granted to it. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by voters. However, the process of amending the constitution is challenging, as it can only be done through the Legislature and is subject to voter approval. This has resulted in many proposed amendments being defeated, such as in 1975 when voters rejected an extensive revision prepared by the Legislature.
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Amendments were rejected by voters
The Texas Constitution of 1876 has had a large number of amendments (and proposed amendments) since its inception. The only method of amending the Constitution is via the Legislature, subject to voter approval. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by the electorate, 181 were defeated, and three never made it on the ballot.
In 1975, the Legislature proposed eight amendments that were overwhelmingly rejected by voters in 250 of the state's 254 counties. Only in Duval and Webb counties did all eight amendments pass. These amendments were a revival of much of the work of the 1974 convention.
In 1979, the Legislature placed on the ballot four amendments that had their origins in the 1974 convention, of which three were approved by the voters. One amendment created a single property tax "appraisal district" in each county for purposes of providing a uniform appraised value for all property in a county. Another amendment gave the Texas Court of Appeals criminal appellate jurisdiction.
By 1980, voters had approved 235 proposals. However, the constitution's more than 63,000 words make it one of the most verbose and restrictive state constitutions. Its wealth of detail causes it to resemble a code of laws rather than a constitution, with its many requirements and limitations on both state and local governments.
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The constitution was dominated by Democrats
The Texas Constitution of 1876 was framed by the Constitutional Convention of 1875, which was dominated by Democrats. Out of the ninety-nine members of the convention, seventy-five were Democrats, and only fifteen were Republicans. Many of these Democrats were former Confederates seeking to restore local control and reduce government spending. The convention was convened in response to widespread discontent with the centralized authority and perceived excesses of the Reconstruction-era government.
The resulting constitution was highly detailed and restrictive, resembling a code of laws rather than a constitution. It included a lengthy bill of rights, declaring Texas a free and independent state, subject only to the Constitution of the United States. It also guaranteed equal rights for all free men, freedom of speech and press, the right to keep and bear arms, and protection against unreasonable searches, among other things.
The Texas Constitution of 1876 was adopted on February 15, 1876, and it remains the basic organic law of Texas. However, it has undergone numerous amendments over the years due to its restrictive nature and poor drafting. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by the electorate.
The process of amending the constitution is also restrictive, as the only method prescribed by Article 17 is through the Legislature, subject to voter approval. This has led to some agitation for a new constitution, but attempts to call for a constitutional convention have been defeated by voters in 1919 and 1975.
In summary, the dominance of Democrats in the 1875 Constitutional Convention shaped the Texas Constitution of 1876, resulting in a detailed and restrictive document that reflected their political goals and ideals. The ongoing amendments and debates over the constitution highlight the evolving nature of governance in Texas.
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