journal article
Origins of the Texas Bill of RightsThe Southwestern Historical Quarterly
Vol. 62, No. 4 (Apr., 1959)
, pp. 457-466 (10 pages)
Published By: Texas State Historical Association
//www.jstor.org/stable/30240845
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The Southwestern Historical Quarterly, continuously published since 1897, is the leading scholarly journal for Texas history and also features content relating to the history of the Greater Southwest. It is offered as a benefit of membership in the Texas State Historical Association.
Publisher Information
Founded as a private, nonprofit educational organization on March 2, 1897 – the 61st anniversary of the Texas Declaration of Independence – the Texas State Historical Association has long been regarded as one of the nation's most dynamic regional history organizations. Reinforced by more than one hundred years of scholarship and educational programs, its mission is to further the appreciation, understanding, and teaching of the rich history of Texas through research, writing, and publication of related historical material.
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In keeping with Texas' dramatic history, the Texas Constitution has gone through several different versions. Below is a brief timeline of the various Constitutions and their importance in the overall constitutional history of Texas. Each entry includes links to the text of that version and to its Handbook of Texas article.
1836: Texas Declaration of Independence & Constitution of the Republic of Texas
This was the first governing document of the Republic of Texas after it won independence from Mexico. It was a very short document based heavily on the U.S. Constitution. It was never amended and was in effect for only a few years before Texas joined the United States.
Handbook of Texas article on the 1836 Constitution
1845: First State Constitution
Upon joining the United States, Texas redrafted its Constitution completely. It became longer and more detailed, although it was still nowhere near the length it would eventually become. This Constitution is notable mainly for creating Texas' free public school system and school funding system.
Handbook of Texas article on the 1845 Constitution
1861: Confederate Constitution
When Texas seceded from the Union, it adopted this Constitution. The changes from the 1845 Constitution were minimal and consisted mainly of revising terminology to reflect Texas' membership in the Confederacy.
Handbook of Texas article on the 1861 Constitution
1866: Post-War Constitution
This temporary constitution was adopted immediately after the end of the Civil War when Texas was under the jurisdiction of the federal government. This Constitution was not intended to be the final governing document of the State; it was a placeholder meant to quickly get rid of the Confederate constitution and implement the requirements of Reconstruction. As such, its main effects were to abolish slavery and grant civil rights to African-Americans. It also for the first time gave the governor the power to exercise a line-item veto over budget provisions.
Handbook of Texas article on the 1866 Constitution
1869: Reconstruction Constitution
This Constitution is notable for never actually being completed or adopted by the Legislature. After the Constitutional Convention failed to agree on a final draft, the federal military forces occupying Texas took over and pieced together a Constitution from the various proposed articles. This is the version that was ratified by the public. This Constitution is notable for more explicitly abolishing slavery and guaranteeing civil rights to all citizens, in compliance with the Reconstruction Acts passed by Congress. However, it also included several provisions that greatly upset many Texans and paved the way for the next Constitution. Most notably, it stripped voting rights from former Confederate officers and vested immense power in government officials, especially the governor.
Handbook of Texas article on the 1869 Constitution
1876: Current Constitution
In reaction to the perceived abuses of the 1869 Constitution, the 1876 Constitution established the pattern of a long, restrictive document intended to act as a check on state government power. It substantially restricted the governor's powers and went into great detail on many relatively minor issues. This excessive detail was intended to prevent state officials from taking advantage of vague language in order to usurp local governance. It also created the state's unusual double supreme court system. This Constitution, in greatly amended form, is still in effect today.
Handbook of Texas article on the 1876 Constitution
1974: Proposed Constitution
In 1974, a Constitutional Convention was held in order to modernize and streamline the 1876 Constitution, which was viewed as cumbersome and outdated. However, the proposed revision failed by only 3 votes and was never submitted to the voters. The Legislature attempted to incorporate some proposals via constitutional amendments the next year, but all eight proposed amendments were defeated. Although the process did not result in a new constitution, it did leave a lasting legacy in the form of a trove of valuable research materials for constitutional scholars and historians.
Handbook of Texas article on the 1974 Constitutional Convention