As the basic law outlining the primary structure and functions of a government, constitutions invariably reflect history and culture, and state constitutions are no exception. In Texas, history is reflected not only in the content of the constitution, but in the number of constitutions under which the state has been governed. Texas was first governed by Spain, and then Mexico before becoming the independent Republic of Texas. After nine years as a nation, Texas became part of the United States, joining the Union as the 28th state. When the Civil War broke out, Texas seceded from the Union, joining other southern states to form the Confederate States of America. After the war was ended and confederate states were permitted to rejoin the Union, Texas once again became part of the United States. With each of these changes, Texas adopted a new constitution.
When Texas seceded from the United States at the beginning of the Civil War in February 1861, a new constitution was drafted by delegates to the Secession Convention. In most instances, the wording of the Texas Constitution of 1845 was kept intact, but the words “United States of America” were replaced with “Confederate States of America.” Most laws not in conflict with the Confederacy remained valid. A clause permitting the emancipation of slaves in the 1845 constitution was eliminated and the freeing of slaves was declared illegal. The structure of the legislative, executive, and judicial branches remained the same as the 1845 version. Overall, it was a conservative document, without many of the radical changes suggested by secessionist leaders.
