Running head: A BRIEF HISTORY OF THE TEXAS CONSTITUTIONS 1

A Brief History of the Texas Constitutions

Braden W. Riemenschneider

West High School

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A Brief History of the Texas Constitutions

In creating a new state or nation, it is commonplace that a constitution be written to

establish the laws and framework of its government. A constitution defines the relationship

between a government and its citizens, protects the rights of citizens, and brings stability to

society. Throughout its history, the state of Texas has adopted seven constitutions; six as a state

and one as a free nation. Each of these constitutions brought new elements to Texas government,

some of which have carried over into the current Texas constitution, making it what it is today.

The Constitution of Coahuila y Tejas

Following the Mexican War of Independence in 1821, Texas became a territory of the

newly independent country of Mexico. Under the new federal republic created by the Mexican

Constitution of 1824, territories were able to write their own constitutions and become official

states of Mexico. The Constitution of Coahuila y Tejas, adopted in 1827, combined the territories

of Texas and Coahuila into a single state under Mexican rule. This document was the first official

constitution of Texas written in part by Texas citizens. Under the Constitution of Coahuila y

Tejas, legislative power was unicameral, consisting of twelve deputies elected by popular vote.

Of these twelve deputies, two were Texas citizens; the remaining ten legislative deputies came

from Coahuila. Since the majority of deputies were native to the more populous, Spanish-

speaking region of Coahuila, laws created by legislation were written in Spanish, causing

cultural tension between the Spanish citizens of Mexico and Coahuila, and the English-speaking

Anglo settlers of Texas. This constitution also granted executive power to a governor and vice-

governor. Governors and vice-governors held four-year terms, and were elected by popular vote.

Executive power of the governor included the granting of pardons, recommendations to

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legislation, leadership of the state militia, and oversight of law enforcement. Judicial power,

granted by the Constitution of Coahuila y Tejas, was limited to the state courts. This limited

power allowed state courts to oversee only civil cases and minor criminal trials. Additionally,

judges of state courts were not authorized to interpret law, and minor cases of misdemeanors

were tried without a jury. The constitution also featured property laws, that clarified possession

rights between married couples, who could now claim the property of their spouse in the event of

their death, and homestead exemption policies, that protected settlers from bankruptcy. Under the

Constitution of Coahuila y Tejas, Catholicism was named the official religion of the state, and

slavery was not recognized. However, these practices were not enforced on Texas citizens, nor

were taxes, custom duties, or obliged military service. The Constitution of Coahuila y Tejas also

promoted public education, but this policy was largely ignored by the Mexican government and

was not practiced throughout the state of Texas and Coahuila, causing further tensions between

Mexican and Texas citizens. Overall, many of the rights and laws protecting Texas citizens listed

under the Constitution of Coahuila y Tejas were ignored by the Mexican government, who

viewed Texas primarily as a buffer state between Mexico, Native Americans, and the United

States. However, fear of the annexation of Texas into the United States as a result of increased

Anglo immigration, sparked Mexicos interest in Texas.

The Constitution of the Republic of Texas

As a result of increased immigration into Texas between the 1820s and 1830s from the

United States, and fear of annexation, the Mexican government began to implement far stricter

laws and regulations on Texas citizens to avoid losing the state to the U.S. This new effort to

enforce laws on Texas increased pre-existing cultural and governmental tensions, and lead

conflict and open rebellion by Texas citizens. The seizure of political power in the Mexican
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government by general Antonio Lopez de Santa Anna Perez de Lebron resulted in even greater

revolt. Under his rule, Santa Anna became the dictator of Mexico, suspending the powers of

both local and national government, and rendering the the Mexican Constitution of 1824 null and

void. Santa Anna annulled federalist principles in the Mexican government, and established a

unitary system under a newly adopted constitution. In revolt of this changes and harsh rule,

Texas colonists began an independence movement. On March 2, 1836, a convention of fifty-nine

Texas colonists, all males, declared independence from Mexico. Two weeks later, on March 16,

1836, Texans adopted the Constitution of the Republic of Texas. The drafting of this constitution

was brief and rushed, written hastily on account of impending attacks by Mexican forces, and

was derived largely from the United States Constitution as well as those of several southern

states. This new constitution featured a separation of government power and a system of checks

and balances among three branches: legislative, executive, and judicial. Under the Constitution

of the Republic of Texas, legislation was to be bicameral, including a House of Representatives

and a Senate. Both Representatives and Senators would be elected by popular vote, and would

serve one and three year terms, respectively. Executive power would be held by a president,

similar to that of the United States, who would also be elected by popular vote. Judicial power

would be divided amongst four tiers: justice, county, district, and supreme courts. The

Constitution of the Republic of Texas featured property rights and homestead exemptions,

similar to that of the Constitution of Coahuila y Tejas, as well as a bill of rights, suffrage to male

citizens, continued allowance of slavery within the state, and the exclusion of rights to

citizenship for both African Americans and Native Americans. On April 21, 1836, thirty-six days

after adopting the Constitution of the Republic Texas, Texas officially won its independence

from Mexico.
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The Constitution of 1845

Soon after Texas secured its independence from Mexico, the president of the United

States, James K. Polk, offered the annexation of Texas into the U.S. Both during and after

Texass independence movement, citizens requested Texass admission into the United States,

but the issue of the balance of slave states in the U.S. hindered annexation efforts. However,

increased immigration into Texas sparked further interest into its annexation, and James K.

Polks inauguration in 1845 greatly accelerated its admission into the U.S., having campaigned

under this issue in 1844. The terms for Texass annexation allowed slavery to continue within the

state, and required a state constitution to be drafted. Texass state constitution, the Constitution of

1845, greatly resembled the Constitution of the Republic of Texas and borrowed largely from

Louisianas and other southern states constitutions. Like its predecessor, the Constitution of

1845 featured a separation of powers between the legislative, executive, and judicial branches of

government. Legislation under this new constitution continued to be a bicameral system of

elected officials, with Representatives now serving two-year terms and Senators serving four-

year terms. Additionally, legislation would now meet biennially (once every two years) and

salaries for legislators would be set at three dollars per day attended. Additional legislative

powers included the ability to appoint a comptroller, treasurer, and land commissioner. Executive

power would now be held by a governor and a lieutenant governor, both elected by popular vote,

similar to the executive positions of the Constitution of Coahuila y Tejas. The governor served a

two year term, limited to no more than four years of service within a six-year period, was granted

the power to appoint a secretary of state, an attorney general, and state judges with Senate

approval. However, the appointment of officials to state offices by both the legislative and

executive bodies became elective after being amended at the request of Texas citizens.
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Additionally, the governor could convene the legislature, grant pardons, was commander-in-chief

of the state militia, and could veto acts of legislation. However, a governors veto could be

superseded by a two-thirds vote from both legislative houses. Judicial power was separated into

the Supreme Court, district courts, and other additional courts that had been created by the

legislative body. As aforementioned, supreme and district court judges were appointed by the

governor. Under the Constitution of 1845, amendments made to the constitution required

approval by two-thirds of both legislative houses and ratification by popular vote. This

constitution also created a permanent fund dedicated to public education, granted property rights

to married women, allowed the continuance of slavery within Texas, prohibited state-chartered

banks, continued to protect homesteads from bankruptcy, and prohibited public office from being

held by anyone having participated in a duel. On December 29, 1845, the United States Congress

approved Texass state constitution, making Texas the twenty-eighth state in the Union.

The Confederate Constitution of 1861

On February 1, 1861, however, less than 16 years after being annexed into the United

States, Texas declared its secession from the Union. In turn with its secession, Texas once again

revised its state constitution. Texass new constitution, the Confederate Constitution of 1861, was

largely unchanged from the Texas Constitution of 1845; however, several significant alterations

were made. Members of public office were now obliged to pledge their support of the new

constitution, and the clause within the Constitution of 1845 authorizing the emancipation of

slaves was anuled, making the freeing of slaves illegal. However, the offices and powers of the

legislative, executive, and judicial branches were unaltered from the Constitution of 1845. On

March 2, 1861, Texas became the seventh state to join the Confederacy.

The Constitution of 1866

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Following the Union victory in the Civil War, a military government was established in

former Confederate states until they adhered to the new Union policies to gain re-entry into the

United States. The Reconstruction plan, instituted by President Abraham Lincoln, created a path

for southern states to quickly return to the United States. To rejoin the Union, states were

required to draft new state constitutions that met new Union requirements, including the

abolishment of slavery and the rejection of their Ordinance of Secession. Texass Constitution of

1866 was essentially a revival of the Constitution of 1845. However, this new constitution

officially abolished slavery in Texas and gave former slaves legal rights and property rights, but

did not, however, grant African Americans the right to vote or testify against whites in court.

Minor modifications were also made to the legislative, executive, and judicial branches. The

Constitution of 1866 required Texas legislators to be white men with five years of prior residence

in Texas. This constitution also increased legislators wages to eight dollars per day attended.

Governors terms were also increased to four-year terms and limited to no more than eight years

of service in twelve-years. Within the judicial branch, the state Supreme Court now consisted of

five judges, rather than three, with ten-year terms, and district judges now held eight-year terms,

and were elected by popular vote. Amendments now required a majority vote of three-fourths

from both legislative houses with the approval of the governor. This new constitution was

adopted in June of 1866, and President Andrew Johnson officially welcomed Texas back into the

United States on August 20, 1866. However, Texass re-entry into the Union was short lived due

to the seizure of the U.S. Congress by radical reconstructionists in 1866.

The Reconstruction Constitution of 1869

Radical Republican reconstructionists in congress rejected Texass Constitution of 1866,

and instated a new set of Reconstruction Acts, which reestablished military governments in
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former Confederate states and created stricter requirements for re-entry into the Union. Texas

was required to draft a new constitution to meet the requirements of the Reconstruction Acts,

which, in addition to abolishing slavery and renouncing secession, required granting African

Americans citizenship and the right to vote. However, when the Texas Constitutional Convention

dissolved in 1869, a group of Republican delegates took control of the new constitutional

convention and drafted a new constitution that conformed to the requirements of the

Reconstruction Acts. This new constitution did not, however, please the views of most Texas

citizens. The Constitution of Reconstruction declared the United States Constitution the supreme

law of the land, and weakened local government while centralizing more power in state

government. This new constitution, yet again, altered several minor features of the legislative,

executive, and judicial branches. Under the Constitution of Reconstruction, Senators terms were

extended to six years and legislative sessions would now be held annually. Governors could

now, once again, appoint the attorney general and secretary of state, while other officials would

continue to be elected by popular vote. The number of judges within the Supreme Court returned

to three instead of five, and their terms reduced to nine years instead of ten. Additionally, all

offices within the judicial branch became appointive rather than elective. This new constitution

also implemented a compulsory school attendance law and a statewide public school system. The

Texas Constitution of Reconstruction was lengthy, complicated, and incomplete, and was met

with great disapproval from citizens, but was approved by the United States Congress, allowing

Texas to rejoin the Union on March 30, 1870.

The Constitution of 1876

In 1873, the Democratic majority regained control of the Texas government from the

Radical Republican Governor, Edmund J. Davis. In an effort to recover from the economic
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damages caused by the Civil War and Reconstruction, a new constitutional convention,

comprised of ninety elected delegates including former government officials, farmers, lawyers,

and men of other various professions, assembled on September 6, 1875 in Austin to produce a

new state constitution. Texass economic status suffered greatly from the Civil War and

Reconstruction. Land prices plummeted, citizen taxation skyrocketed, and the state government

was deeply in debt. As a result, agricultural interests heavily influenced the new constitution, as

Texas largely relied on agriculture for state income. Contrary to the broad, flexible, and

simplistic style exhibited in former constitutions, such as the Constitution of 1845, the Texas

Constitution of 1876 was written in great length, detail, and rigidity. This new constitution was

highly restrictive of centralized government power and favored local government, limited

taxation, and strict constraints on the powers of the legislative, executive, and judicial branches.

Constraints on the legislative body reduced legislative sessions to 140 days, every other year, and

reduced legislators salaries. Executive power was further limited by creating a plural executive,

which divided power amongst several officials elected by popular vote. The new constitution

also shortened the terms of state judges, reinstated popular vote, and divided the courts into two

sections for criminal and civil cases. The Constitution of 1876 was ratified on February 15, 1876

by an overwhelming majority. Throughout its history, this constitution has been amended over

450 times and remains the current charter of Texas.

The Best Constitution in Texas History

Of the seven constitutions adopted throughout Texass history, I believe that the

Constitution of 1876 has been the best. This constitution, although overly complicated and

lengthy, combines many of the best features of previous constitutions into one. The Constitution

of 1876 prohibits slavery and gives African Americans the rights of citizens while still reflecting
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the views of the majority of Texas citizens, unlike the Constitution of 1866 and the

Reconstruction Constitution of 1869. This constitution also gives far more political power to

citizens by implementing popular vote for Legislators, executive offices, and judges. With this,

citizens are better able to prevent political hierarchy through appointment, such as that of Radical

Republican Governor Edmund J. Davis in the reconstruction era. Despite its complications, the

Constitution of 1876 is the best charter in Texass history.

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References

Coleman, M. (n.d.). Texas constitutional history. Retrieved from

https://dlc.dcccd.edu/txgov1-2/texas-constitutional-history

Gibson, T. L., Robison, C. (2013). Government and politics in the lone star state.

Pearson, Eighth Edition, 32-53.

(2006). Texas politics - the constitution. Retrieved from

https://www.laits.utexas.edu/txp_media/html/cons/print_cons.html