The Texas Constitution of 1876
Overview
The Texas Constitution of 1876
Learning Objectives
By the end of this section, you will be able to:
- Understand the Constitution of 1876’s role in Texas
Introduction
This section discusses the Constitution of 1876’s role in Texas.
The Texas Constitution of 1876
Texas Democrats gained control of Congress in 1873 and decided it was time to draft a new constitution for Texas. The Texas Constitutional Convention of 1875 met in Austin with the purpose of replacing the Constitution of 1869; it was believed that the new constitution should restrict the state government and hand the power back to the people.
Some examples of how the government was restricted were:
- Legislative sessions moved from annual to biennial sessions
- Creation of a plural executive
- Mandated a balanced budget
- State Judges would be elected by the people
- The people would vote on the ratification of amendments
The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015)3. The Texas Constitution does not contain a “necessary and proper clause” like the U.S. Constitution, therefore making it the second-longest state constitution in America (2nd only to Alabama’s).
You Might Be Wondering... Why is the Texas Constitution So Dang Long? Find out from TexPlainer at the Texas Tribune. |
Table 2.2 Articles of the Texas Constitution of 1876
Articles | Description |
Article 1: Bill of Rights | The Texas Constitution's Bill of Rights Similar civil liberties and civil rights as in the U.S. Constitution’s Bill of Rights
|
Article 2: The Powers of the Government | Establishes three branches of government with separation of powers |
Article 3: Legislative Department | Specifics about the Texas Legislature |
Article 4: Executive Department | Specifics about the plural executive |
Article 5: Judicial Department | Specifics about the Texas Judicial system |
Article 6: Suffrage | Forbids the following from voting: -any non-US citizen, -any non-registered Texas voter, -any convicted felon who has not completed their sentence, or -any person deemed mentally incompetent by the courts.
|
Article 7: Education
| Mandates an "efficient" free public school system. Established the Permanent School Fund |
Article 8: Taxation and Revenue | Places limits on the raising and spending of public funds |
Article 9: Counties | Authorizes the Texas Legislature to create county governments |
Article 10: Railroads | Regulates the railroad system |
Article 11: Municipal Corporations | Specifics regarding local governments, including empowering them to tax, and how to charter cities |
Article 12: Private Corporations | Specifics regarding public businesses, including how they would be regulated |
Article 13: Spanish and Mexican Land Titles | Specifics on which land with previous claims would become state property |
Article 14: Public Lands and Land Office | Established the Land Office which regulated land titles |
Article 15: Impeachment | Specifics on how to remove a public official from office |
Article 16: General Provisions | Miscellaneous regulations, ie., forbidding the legislature from printing money, forbidding U.S. public officials from holding a state office |
Article 17: Mode of Amending the Constitution of this State | 2/3rds proposal from the legislature Registered voters vote on approval. With a majority vote, the amendment is ratified. |
Link to Learning
More information on the Constitution of the State of Texas (1876) may be found at the Texas Constitutions 1824-1876 project of the Tarlton Law Library, Jamail Center for Legal Research at the University of Texas School of Law, the University of Texas at Austin.
The project includes digitized images and searchable text versions of the constitutions.
References and Further Reading
Texans to decide whether to update their aging constitution. Fort Worth Star-Telegram. Anna M. Tinsley. October 8, 2018.
Texas State Library and Archives Commission.The 1870s: The Constitutional Convention of 1875
Licensing and Attribution
CC LICENSED CONTENT, ORIGINAL
Revision and Adaptation. Authored by: Kris S. Seago. License: CC BY: Attribution