Many people think there is only one American constitution, but there are at least 51 because every state has one, too.
That includes Texas, and the Texas state constitution contains its own Bill of Rights that protects rights above and beyond those already protected by the federal Bill of Rights. For example, the U.S. Supreme Court has struggled for a century over whether the Second Amendment's right to bear arms includes the personal right to carry a gun or only applies to citizens while serving in "a well-regulated militia." The Texas Constitution requires no judicial interpretation. It clearly states that "Every citizen shall have the right to keep and bear arms in the lawful defence of himself..." (sic)
While the federal constitution's First Amendment protects freedom of speech and religion and prohibits any establishment of religion, the Texas Bill of Rights is more explicit, making clear that "no preference shall ever be given by law to any religious society or mode of worship..."
And in 1962, three years before the U.S. Supreme Court recognized a right to privacy under the U.S. Constitution and eleven years prior to Roe v. Wade, a conservative Texas Supreme Court found that under the Texas Constitution, "The protection of privacy is of fundamental — indeed, of constitutional importance."
In many other ways, a state's constitution adds to rights already enjoyed by its citizens under the Constitution of the United States.
"The History of Our Freedoms" is produced by KEDT-FM in Corpus Christi. Dr. Bill Chriss is a historian and legal scholar. For more on history and the constitution, check out his blog at https://drbillchriss.substack.com/.
