Eleanor Finch
The Texas Constitution has been written seven times, with the current version being adopted on February 15, 1876. The first constitution was adopted in 1827 when Texas was part of Mexico and was followed by versions in 1836, 1845, 1861, 1866, and 1869. The Texas Constitution has been amended hundreds of times, reflecting the state's dynamic history and unique circumstances. Its length and ease of amendment have resulted in its function as an adjunct to statutes rather than a static set of principles.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 7 |
| Current Constitution | Adopted on February 15, 1876 |
| Previous Constitutions | 1827, 1836, 1845, 1861, 1866, 1869 |
| Reasons for Changes | Independence from Mexico, joining the United States, the American Civil War, Reconstruction, public opinion |
| Length | Second-longest state constitution in the US, one of the largest |
| Ease of Amendment | Amended nearly 500 times, one of 11 state constitutions with no clear process for a constitutional convention |
| Topics Covered | Local government, taxes, private property rights, public education, suffrage, land titles and law, debtor relief, judicial procedures, marital relations and adoption, water and mineral rights |
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What You'll Learn
Texas' unique history
Texas has a unique history that has influenced the content and evolution of its constitution. The state's first constitution was drafted in 1836 after it gained independence from Mexico. This initial document was short and modelled after the US Constitution. However, when Texas joined the United States in 1845, it redrafted its constitution, making it longer and more detailed.
Texas' constitution is one of the largest state constitutions in the US, covering a wide range of specific topics, including local government, taxes, and private property rights. The drafters of the constitution recognised that this level of detail would require frequent amendments to stay relevant, so they made it easy to amend. As a result, the Texas Constitution has been amended nearly 500 times, functioning more as an adjunct to statutes than a static set of principles.
The current Texas Constitution, adopted in 1876, is the seventh in the state's history. It was framed by the Constitutional Convention of 1875 and remains the basic organic law of Texas. The 1876 Constitution includes provisions that are uniquely Texan, reflecting the state's unusual history and influences from Spanish and Mexican rule, Jacksonian agrarianism, and frontier radicalism. These provisions cover topics such as land titles, land law, debtor relief, judicial procedures, marital relations, and water and mineral rights.
The Texas Constitution has played a significant role in shaping the state's educational system. The 1876 Constitution authorised the legislature to levy a poll tax on males between 21 and 60 and set aside proceeds from land grants to fund schools. It also abolished the office of state superintendent, established a board of education, eliminated compulsory attendance, provided for segregated schools, and made no provision for local school taxes. Amendments to the constitution have allowed for the expansion of the public school system and the establishment of universities, including the University of Texas and Texas A&M University.
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Independence from Mexico
Texas has had a dynamic history, and its constitution has gone through several iterations. The state's first constitution was written in 1827 when Texas was still part of Mexico and was jointly governed with the state of Coahuila y Tejas. However, in 1836, Texas declared its independence from Mexico and adopted the "Texas Declaration of Independence & Constitution of the Republic of Texas." This declaration of independence was a pivotal moment in Texas's history, marking its transition from Mexican rule to becoming an independent republic.
The 1836 Constitution of the Republic of Texas served as the foundational governing document for the newly independent state. It was a concise document, modelled heavily on the US Constitution, and it remained unamended during its brief period in force. This constitution reflected Texas's newfound autonomy and established the fundamental principles and structures of the state's governance.
The independence from Mexico brought about significant changes in Texas's political landscape. The constitution of 1836 affirmed Texas's status as a free and sovereign entity, no longer subject to Mexican rule. It outlined the rights and powers of the new republic, including provisions for land titles, land law, debtor relief, judicial procedures, marital relations, and water and mineral rights. These provisions were influenced by Texas's unique history and the interplay of Spanish, Mexican, and American cultural and legal traditions.
The independence from Mexico also had broader implications for Texas's future. The state enjoyed a brief period as an independent republic before voluntarily joining the United States in 1845, leading to the creation of a new constitution. This transition from Mexican rule to independence and, ultimately, statehood in the US, underscores the dynamic and evolving nature of Texas's constitutional journey.
The Texas Constitution has since undergone several revisions and amendments to adapt to the changing needs and circumstances of the state. The current constitution, adopted in 1876, is the seventh iteration and continues to be amended to this day, reflecting the evolving nature of governance and the rights of Texans.
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Civil War and Reconstruction
The Texas Constitution has a unique and complex history, with the state's constitution being written seven times, a record unmatched by any other state. One of the critical periods that shaped the Texas Constitution was the Civil War and Reconstruction era, a tumultuous time that left an indelible mark on the state and the nation as a whole.
The Civil War erupted in 1861, and Texas, having joined the Confederacy, found itself in the midst of the conflict. The war years were challenging for the state, with Texas contributing troops, supplies, and resources to the Confederate war effort. However, as the war drew to a close and the Confederacy collapsed, Texas faced the daunting task of rebuilding and redefining its place in the nation. The Reconstruction era began, and it marked a period of significant change and transformation for Texas, including the creation of a new state constitution.
During Reconstruction, Texas was under federal military rule, and one of the primary tasks was to establish a new state government that would be recognized by the Union. This involved crafting a constitution that would meet the requirements for readmission to the Union and address the issues that had led to the Civil War in the first place, particularly the question of slavery. The Thirteenth Amendment to the US Constitution had abolished slavery, and Texas had to grapple with this new reality and reshape its legal and social framework accordingly.
The Constitution of 1866, also known as the "Radical Constitution," was drafted during this period. It was written by a convention dominated by Radical Republicans, who sought to reshape Texas politics and ensure the rights of newly freed slaves. This constitution granted suffrage to African American males, established public education for all children, and created a Supreme Court to interpret the state's laws. However, this constitution was rejected by the people of Texas, who saw it as too radical and a departure from traditional values.
As a result, a new constitution was drafted in 1869, which was more moderate in its approach. This constitution removed some of the more controversial provisions, such as universal male suffrage, and sought to balance the interests of different factions in the state. It was approved by the people and served as the foundation for Texas' readmission to the Union in 1870.
The Civil War and Reconstruction era had a profound impact on Texas, and the constitutions drafted during this period reflected the state's struggle to define its identity in the post-war era. The challenges of this time laid the groundwork for future constitutional revisions, as Texas continued to evolve and adapt to the changing political and social landscape.
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Public opinion and responsiveness
The Texas Constitution of 1876, the sixth constitution by which Texas has been governed, was drafted to reflect the public opinion in Texas at the time. The constitution was framed by the Constitutional Convention of 1875, which was attended by seventy-five Democrats and fifteen Republicans, including six Black people. The convention precisely defined the rights, powers, and prerogatives of the various governmental departments and agencies, including many details generally left to the legislature.
The 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, that all free men have equal rights, and that the writ of habeas corpus could not be suspended. It also contained provisions that were uniquely Texan, influenced by the state's history, such as sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights.
The Texas Constitution is one of the largest state constitutions in the US, notable for including a lot of very specific topics, including local government, taxes, and private property rights, that many other states leave to their legislatures. Due to its high level of detail, the Texas Constitution can easily become outdated, and hence, it has been amended numerous times to keep up with societal changes. Amendments to the Texas Constitution originate as joint resolutions in the Texas Legislature and then go to the voters for approval. As of 2019, the current constitution has been amended 498 times, with voters most recently approving amendments in November 2023.
The Texas Constitution has gone through several changes due to the state's dynamic history. For instance, the 1866 Constitution, adopted after the Civil War, abolished slavery and granted civil rights to African-Americans. On the other hand, the 1876 Constitution, which is still in force, has been amended to remove limitations on public education, allowing for the expansion of the public school system. It has also been amended to relieve the governor's office of certain burdens, revamp suffrage requirements, alter the method of chartering municipal corporations, and lengthen the terms of office for state and local officials.
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Length, detail, and ease of amendment
The Texas Constitution is one of the largest state constitutions in the US. It is the second-longest state constitution in the country, with only Alabama's constitution being longer. The Texas Constitution is notable for covering many specific topics, including local government, taxes, and private property rights, which many other states leave to their legislatures.
The Texas Constitution's high level of detail was a conscious choice by its drafters, who recognised that this would mean the Constitution would need to be changed frequently to stay relevant. As a result, they made it easy to amend. The Texas Constitution has been amended nearly 500 times, more than all but three other states. Due to its length and ease of amendment, the Texas Constitution functions as an adjunct to the statutes rather than a static set of principles.
The Texas Constitution of 1876, which remains in force, is the sixth constitution by which Texas has been governed since independence from Mexico in 1836. It was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876, by a vote of 136,606 to 56,652. The 1876 Constitution was unique in that it reflected public opinion in Texas at the time of its drafting. It was also the first to include a lengthy bill of rights, which declared Texas to be a free and independent state, subject only to the Constitution of the United States, and that all free men have equal rights.
The Texas Constitution has been amended hundreds of times since 1876, with 216 new sections added and 117 sections removed. Changes have been made to various articles, including the judiciary, public education, the state's financial system, suffrage requirements, and the method of chartering municipal corporations.
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Frequently asked questions
The constitution is the document that establishes the structure and function of the government of Texas and enumerates the basic rights of its citizens.
The drafters of the Texas Constitution recognized that the high level of detail in the document meant that it could easily become outdated and would need to be changed to keep up with society. As of 2019, the current constitution has been amended 498 times.
The Texas Constitution of 1876, which is still in force, was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876. It abolished the office of state superintendent, founded a board of education, eliminated compulsory attendance, provided for segregated schools, and established the University of Texas. It also contained provisions dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights.
Texas has had a dramatic history, including being part of Mexico, achieving independence, and fighting in the American Civil War. These changes in sovereignty required new constitutions.
