How is the Bill of Rights of the Texas Constitution similar to and different from the Bill of Rights of the US Constitution?

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Accordion

The Bill of Rights

The Bill of Rights is the first 10 Amendments to the Constitution. It spells out Americans’ rights in relation to their government. It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion. It sets rules for due process of law and reserves all powers not delegated to the Federal Government to the people or the States. And it specifies that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

The First Amendment

The First Amendment provides several rights protections: to express ideas through speech and the press, to assemble or gather with a group to protest or for other reasons, and to ask the government to fix problems. It also protects the right to religious beliefs and practices. It prevents the government from creating or favoring a religion.

The Third Amendment

The Third Amendment prevents government from forcing homeowners to allow soldiers to use their homes. Before the Revolutionary War, laws gave British soldiers the right to take over private homes.

The Fourth Amendment

The Fourth Amendment bars the government from unreasonable search and seizure of an individual or their private property.

The Fifth Amendment

The Fifth Amendment provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury.  A person cannot be tried twice for the same offense (double jeopardy) or have property taken away without just compensation. People have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials.)

The Sixth Amendment

The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges. Witnesses must face the accused, and the accused is allowed his or her own witnesses and to be represented by a lawyer. 

The Eighth Amendment

The Eighth Amendment bars excessive bail and fines and cruel and unusual punishment.

The Ninth Amendment

The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out.

The Tenth Amendment

The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people.

Back to Main Page How Did it Happen?

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

How is the Texas bill of rights similar to or different from the US bill of rights?

With its more positive tone the Texas Bill of Rights provides much the same protections as the U.S. Bill of Rights. But it also extends beyond federal protections. For example, Sec. 3a explicitly forbids discrimination based on sex, race, color, creed, or national origin.

What is the basic difference between the Texas bill of rights and the US Constitution?

The method through which the bill of rights was included in the constitution also differs between the two documents: the federal government used amendments, while the state of Texas wrote it directly into the original constitution.

What is the major difference between the Bill of Rights in the Texas Constitution and the US bill of rights quizlet?

One of the most important differences between the Texas Constitution and the U.S. Constitution is the need for voter approval for amendments to the Texas Constitution to take effect. Texas has a bill of rights containing more liberties than those found in the U.S. Bill of Rights.

How does the Texas Constitution resemble the US Constitution?

Like the United States Constitution it was admirably brief (less than 6,500 words) and contained generous grants of power to state officials, especially the chief executive. Furthermore, great numbers of specific limitations and restrictions upon government often found in state constitutions of the time were avoided.