Constitution of Texas

The Constitution of Texas, also known as the Constitution of 1876, is the sixth and last in a series of documents outlining the governmental rules of Texas. This constitution is unusual for several reasons. It is one of the longest and most detailed of all state constitutions because the framers wanted to clarify and protect the powers of local governments. The Constitution of Texas is also designed to be easily modified, as demonstrated by its almost five hundred amendments.

Brief History

Texas has a long history of change. At many points in this development, Texan leaders have attempted to create documents of laws with which to govern the citizens. On six occasions since 1800, Texans have adopted separate and distinct constitutions. In modern times, historians view these constitutions as waymarks of history, showing the constant adaptation and development of Texas society.

The territory that is in modern times Texas was ruled by Mexico until the 1800s. In 1836, settlers in Texas declared the land a separate republic, independent of both Mexico and the United States. At that time, leaders crafted a Declaration of Independence and a Constitution of the Republic of Texas. These documents were closely based on the founding documents of the United States.

These initial documents helped to form a basic government, but they were never amended or elaborated upon. Instead, by 1845, Texas joined the United States. That year, Texans overhauled their republic constitution into a state constitution, adding many new provisions to help build parity with the existing states, such as state-funded public schools.

However, this constitution did not last long, either, as Texas seceded from the United States in 1861 in the buildup to the Civil War (1861–1865). Texas leaders kept most of their previous provisions but mostly made superficial changes in terms to show their disloyalty to the United States and new alliance to the Confederate States. Historians remember this document as the Confederate Constitution of Texas.

This constitution, like its predecessors, was short-lived. The Confederacy lost the Civil War in 1865 and US authorities took control of all rebellious territories, including Texas. In 1866, authorities created a temporary constitution meant to abolish all signs of Confederate sentiment, particularly the Confederate promotion of slavery. This post-war constitution granted civil rights to formerly enslaved people and made some slight changes to governmental power structures.

Overview

The period following the Civil War was known as Reconstruction. It was a time of great change. Territories, mainly in the South, needed to be stabilized and rebuilt after a lengthy and horribly destructive war. In addition, authorities restructured political and social systems with the goal of removing all traces of slavery from Southern society and beginning the enfranchisement of African Americans.

Federal and Texas authorities held a convention to debate a new state constitution that would reflect the ideals and goals of Reconstruction. However, delegates failed to reach an agreement. Military authorities, impatient for a resolution, gathered the delegates’ proposed ideas and created a rough document known as the Reconstruction Constitution. Although Texas legislators never officially accepted this document, it went into effect in 1869.

Many Texans rallied against the Reconstruction Constitution, however. It contained elements that disenfranchised leaders who had served the Confederacy. It also shifted many governmental powers away from local levels to the state governor, a move that some Texans felt would make their state overly influenced by national politics. The dissatisfaction that began in 1869 soon made clear the need for yet another constitution.

In 1875, a Constitutional Convention formed to frame a sixth government document for Texas. Delegates ultimately rewrote much of the Reconstruction Constitution and many of the ideas from prior documents. This so-called Constitution of 1876 was accepted on February 15 of that year by a vote of 136,606 in favor and 56,652 against.

Political historians note that the Constitution of 1876 is more than a legal document; it is a clear and unique reflection of Texas history and culture. Much of the document deals specifically with points of contention from Texan history and prior constitutions. Many of its provisions also borrow from the political rules and cultural beliefs of Mexico as well as Spain, which had a strong influence in the region. The document is also markedly lengthy and detailed, containing seventeen articles intending to leave little ambiguity about rules.

Whereas the Reconstruction Constitution gave the governor of Texas extensive powers over state affairs, the Constitution of 1876 dramatically diverged from that course, severely restricting the power of the governor. The new constitution elaborates in great detail about the powers of local governments in situations including taxation, land law, property and mineral rights, justice system structure, and even adoption law. Drafters of the constitution hoped that making these points so explicitly would prevent state or federal leaders from finding loopholes to increase their own powers.

The Constitution of 1876 is one of the longest and most detailed of any state constitution in the United States. The framers recognized that many points would be debated, and that changing times would require adaptations. For that reason, the framers created rules by which the constitution could be easily amended. This amendment clause has proven invaluable in coming generations, with lawmakers voting almost five hundred times to make changes to the document. Texans view their constitution less as a permanent declaration of rules and more as a living document that changes as required.

This document is still in effect in Texas, serving as the second most important statement of Texas law behind the United States Constitution. In 1974, some legislators proposed a vote to create a new, seventh Texas constitution that would be shorter and more concise. Their efforts, however, proved unpopular, and no attempts to limit the size or scope of the document have succeeded.

Bibliography

Casey, Walter. “Texas Constitution.” Texas A&M University, www.tamut.edu/Walter-Casey/DOCUMENTS/CV-and-papers/Texas Constitution.pdf. Accessed 4 Oct. 2018.

“Constitutions of Texas, 1824–1876.” Tarlton Law Library, tarlton.law.utexas.edu/c.php?g=813324. Accessed 4 Oct. 2018.

Ericson, Joe E., and Ernest Wallace. “Constitution of 1876.” Texas State Historical Association, 16 Sept. 2015, tshaonline.org/handbook/online/articles/mhc07. Accessed 4 Oct. 2018.

Strong, W.F. “What You Might Not Know about the Texas Constitution.” Texas Standard, 2 Dec. 2015, www.texasstandard.org/stories/what-you-might-not-know-about-the-texas-constitution/. Accessed 4 Oct. 2018.

“Texas Constitution.” Texas Legislative Council, 7 Nov. 2017, tlc.texas.gov/docs/legref/TxConst.pdf. Accessed 4 Oct. 2018.

“Texas Constitutional History.” Dallas County Community College District, dlc.dcccd.edu/txgov1-2/texas-constitutional-history. Accessed 4 Oct. 2018.

Weber, Andrew. “Looking Back at the Confusion Surrounding the Texas Constitution.” University of Texas at Austin, 2 Mar. 2016, www.kut.org/post/looking-back-confusion-surrounding-texas-constitution. Accessed 4 Oct. 2018.

“What Is the Texas Constitution?” Texas A&M University School of Law, 17 Jan. 2018, law.tamu.libguides.com/c.php?g=513877&p=3511046. Accessed 4 Oct. 2018.