(b) The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals. As written in 1876, who had full citizenship rights under the Constitution of Texas? It was feared that the political power of future new western states would eventually overwhelm that of the established eastern states. (1) amended Nov. 6, 2007; Subsec. What determines who gets what? [21], The doctrine was later limited in Baker v. Carr (1962), which held that the lack of state legislative redistricting to be justiciable.[21]. (7) The Commission shall keep itself informed as fully as may be of circumstances relating to the misconduct or disability of particular persons holding an office named in Paragraph A of Subsection (6) of this Section, receive complaints or reports, formal or informal, from any source in this behalf and make such preliminary investigations as it may determine. 13: See Appendix, Note 3.). Grand and petit juries in the District Courts shall be composed of twelve persons, except that petit juries in a criminal case below the grade of felony shall be composed of six persons; but nine members of a grand jury shall be a quorum to transact business and present bills. (3) satisfying the debts and bond obligations, if any, of the district, in such manner as to protect the interests of the citizens within the district, including their collective property rights in the assets and property of the district, provided, however, that any grant from federal funds, however dispensed, shall be considered an obligation to be repaid in satisfaction and provided that no election to dissolve shall be held more often than once each year. 9A. The case prohibited the entering upon the public lands of the United States and removing wild burros under the New Mexico Estray Law.[16]. 4: See Appendix, Note 1.). Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. Congress may regulate the manner in which proof of such acts, records or proceedings may be admitted. Therefore, under the Territorial clause, Congress had the power to determine which parts of the Constitution applied to the territories. October 8, 2018. The review tribunal shall review the record of the proceedings on the law and facts and in its discretion may, for good cause shown, permit the introduction of additional evidence. restrict the power of the government in order to keep any governor from being as powerful as Edmund J. Davis, who served under the Reconstruction Constitution of 1869. in Article 1 of the Constitution, demonstrating the authors' commitment to limiting the way political power is used to keep it from being abused. Understand the Constitution of 1876s role in Texas, Legislative sessions moved from annual to biennial sessions, State Judges would be elected by the people, The people would vote on the ratification of amendments, The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015), The project includes digitized images and searchable text versions of. The state constitution establishes the structure and purpose of the Texas government. Sec. The adoption of a reapportionment order requires a majority vote of the total membership of the board. (TEMPORARY TRANSITION PROVISION for Sec. [20] In Pacific States, a utility company challenged an Oregon tax law passed by a referendum, as opposed to the ordinary legislative process. He shall receive as compensation for his services such fees and perquisites as may be prescribed by law. Additionally, the clause also proclaims that nothing contained within the Constitution may be interpreted to harm (prejudice) any claim of the United States, or of any particular State. VACANCY IN JUDICIAL OFFICE. Sec. 3-c. 5. CLERKS OF APPELLATE COURTS. (TEMPORARY TRANSITION PROVISION for Sec. Texans to decide whether to update their aging constitution. The maximum tax rate submitted shall be sufficient to discharge obligations, liabilities, and responsibilities, and to maintain and operate the hospital system, and the Legislature may authorize the district to issue tax bonds for the purpose of the purchase, construction, acquisition, repair or renovation of improvements and initially equipping the same, and such bonds shall be payable from said Seventy-five Cent (75) tax. The current constitution is the seventh in Texas history. (a) The Supreme Court shall exercise the judicial power of the state except as otherwise provided in this Constitution. Amended Nov. 7, 1978, and Nov. 5, 1985.). Sec. (a) The State shall be divided into judicial districts, with each district having one or more Judges as may be provided by law or by this Constitution. Sec. Some contend that the clause requires Congress to treat all citizens equally. 9: See Appendix, Note 1.). Amended Aug. 11, 1891, and Nov. 5, 1985.). ). If an election is called under this subsection, the commissioners court shall order the ballot for the election to be printed to permit voting for or against the proposition: "Reinstating the office of Constable of Precinct No. Can you connect this to postpurchase dissonance? In a panel of three Judges, two Judges shall constitute a quorum and the concurrence of two Judges shall be necessary for a decision. (a) The Legislature may by law authorize the creation of hospital districts in Ochiltree, Castro, Hansford and Hopkins Counties, each district to be coextensive with the limits of such county. Established the Permanent School Fund, Places limits on the raising and spending of public funds, Authorizes the Texas Legislature to create county governments, Specifics regarding local governments, including empowering them to tax, and how to charter cities, Specifics regarding public businesses, including how they would be regulated, Article 13: Spanish and Mexican Land Titles, Specifics on which land with previous claims would become state property, Established the Land Office which regulated land titles, Specifics on how to remove a public official from office, Miscellaneous regulations, ie., forbidding the legislature from printing money, forbidding U.S. public officials from holding a state office, Article 17: Mode of Amending the Constitution of this State. 18: See Appendix, Note 3.). There are, however, several places within it where the principles behind the concept are articulated. 5b. The Property Clause grants Congress the power to make laws for the territories and other federal lands. The review tribunal, in an order for involuntary retirement for disability or an order for removal, may prohibit such person from holding judicial office in the future. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. The legislature shall set the maximum tax rate a district may levy. (a) All judges of courts of this State, by virtue of their office, are conservators of the peace throughout the State. Kilman, Johnny and George Costello (Eds). (Added Nov. 2, 1954; amended Nov. 2, 1999.) (Feb. 15, 1876. This site works best with JavaScript enabled. (c) If such tax is authorized, no political subdivision or municipality within or having the same boundaries as the district may levy a tax for medical or hospital care for needy individuals, nor shall they maintain or erect hospital facilities, but the district shall by resolution assume all such responsibilities and shall assume all of the liabilities and obligations (including bonds and warrants) of such subdivisions or municipalities or both. (Feb. 15, 1876. Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4, 1980, Nov. 5, 1985, and Nov. 6, 2001.) The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. The Supreme Court, Court of Criminal Appeals, and each Court of Appeals shall each appoint a clerk of the court, who shall give bond in the manner required by law, may hold office for four years subject to removal by the appointing court for good cause entered of record on the minutes of the court, and shall receive such compensation as the legislature may provide. The practice and procedures relating to the use of indictments and informations, including their contents, amendment, sufficiency, and requisites, are as provided by law. Sec. (TEMPORARY TRANSITION PROVISION for Sec. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. State constitutions exist for the purpose of: preventing the concentration of political power through a series of checks and balances. Why did the Constitution of 1869 grant blacks the right to vote and recognize the 14th Amendment guarantees of equality before the law? Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, Nov. 4, 1980, and Nov. 6, 2001.) [11], When, therefore, Texas became one of the United States, she entered into an indissoluble relation. If such District is created, it may be authorized to levy a tax not to exceed seventy-five cents (75) on the One Hundred Dollar ($100) valuation of taxable property within the District; provided, however, no tax may be levied until approved by a majority vote of the participating resident qualified voters. 15. The County Judge is the presiding officer of the County Court and has judicial functions as provided by law. (c) The Legislature may by law authorize the creation of a hospital district within Jefferson County, the boundaries of which shall include only the area comprising the Jefferson County Drainage District No. (2), (6), and (8)-(12) amended and (14) added Nov. 6, 1984; Subsecs. A Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule. d. Why cant systematic risk be diversified away? The court found that out-of-state judgments are subject to the procedural law of the states where they are enforced, notwithstanding any priority accorded in the states in which they are issued. Notwithstanding the population requirements of this subsection, Chambers County and Randall County, from time to time, for the convenience of the people, shall be divided into not less than two and not more than six precincts. Amended Nov. 2, 1999.) If the vote is favorable, then admission may be granted to such county or counties by the Board of Directors of the then existing Authority upon such terms and conditions as they may agree upon and evidenced by a resolution approved by two-thirds (2/3rds) of the then existing Board of Directors. (11) The Supreme Court shall by rule provide for the procedure before the Commission, Masters, review tribunal, and the Supreme Court. Texas State Library and Archives Commission.The 1870s: The Constitutional Convention of 1875, Revision and Adaptation. Sec. [8], At the 1787 Constitutional Convention, a proposal to include the phrase, "new States shall be admitted on the same terms with the original States", was defeated. 4. COUNTY COURTS: TERMS OF COURT; PROBATE BUSINESS. (d) Notwithstanding Section 1, Article II, of this constitution and any other provision of this constitution, if the supreme court does not act on a motion for rehearing before the 180th day after the date on which the motion is filed, the motion is denied. That phrase incorporates all acts prohibited by the laws of a state, including misdemeanors and small, or petty, offenses. Texas Constitution Braden's Annotated Texas Constitution Guide to Historical Texas Constitutions. CREATION AND FUNDING OF HOSPITAL DISTRICT IN COUNTY COMMISSIONERS PRECINCT NO. 11. In Mills v. Duryee, 1t1 U.S. (7 Cranch) 481[permanent dead link] (1813), the United States Supreme Court ruled that the merits of a case, as settled by courts of one state, must be recognized by the courts of other states; state courts may not reopen cases which have been conclusively decided by the courts of another state. The legislature may provide for the effect of a reapportionment made by the board on pending cases or the transfer of pending cases, for jurisdiction of a county court where county court jurisdiction has been vested by law in a district court affected by the reapportionment, for terms of the courts upon existing officers and their duties, and for all other matters affected by the reapportionment. The exact scope of this clause has long been a matter of debate. A district may not be created or a tax levied unless the creation and tax are approved by a majority of the registered voters who reside in the district. In 1912, Luther was reaffirmed in Pacific States Telephone and Telegraph Co. v. Please take our patron satisfaction survey! Sec. Each county in the State may provide, in such manner as may be prescribed by law, a Manual Labor Poor House and Farm, for taking care of, managing, employing and supplying the wants of its indigent and poor inhabitants. Since the 1987 case of Puerto Rico v. Branstad, federal courts may also use the Extradition Clause to require the extradition of fugitives. (g) (Redesignated as Subsec. A political crisis in 1840s Rhode Island, the Dorr Rebellion, forced the Supreme Court to rule on the meaning of this clause. (TEMPORARY TRANSITION PROVISION for Sec. (c) The Legislature shall provide for the holding of an election in each county proposing the creation of an Authority to be called by the Commissioners Court or Commissioners Courts, as the case may be, upon petition of five per cent (5%) of the qualified voters within the county or counties. (Feb. 15, 1876. (i) The legislature, the Judicial Districts Board, or the Legislative Redistricting Board may not redistrict the judicial districts to provide for any judicial district smaller in size than an entire county except as provided by this section. Justice of the peace courts shall have original jurisdiction in criminal matters of misdemeanor cases punishable by fine only, exclusive jurisdiction in civil matters where the amount in controversy is two hundred dollars or less, and such other jurisdiction as may be provided by law. (c) Should the Legislature enact enabling laws in anticipation of the adoption of this amendment, such Acts shall not be invalid because of their anticipatory character. The Court of Criminal Appeals may appoint Commissioners in aid of the Court of Criminal Appeals as provided by law. The Legislature may enact any laws not inconsistent with this Section which it may deem necessary to permit said counties to implement, enforce and administer the provisions contained herein. A jury in the County Court shall consist of six persons; but no jury shall be empaneled to try a civil case unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may be prescribed by law, unless the party makes affidavit that the party is unable to pay the jury fee. The Legislature shall have power by General or Special Laws to make such provisions concerning the terms or sessions of each District Court as it may deem necessary. JURISDICTION OF COURT OF CRIMINAL APPEALS. (5)-(9) and (11)-(13) amended Nov. 3, 1970; Subsecs. The Executive Department of the State shall consist of a Governor, who shall be the Chief Executive Officer of the State, a Lieutenant Governor, Secretary of State, Comptroller of Public Accounts, Commissioner of the General Land Office, and Attorney General. The board shall complete its work on the reapportionment and file its order with the secretary of state not later than August 31 of the same year. Instead, by entering the Union, Texas was found to have surrendered control over the water and the soil under it to Congress. 4 of Comanche County, Texas. Amended Aug. 11, 1891, Nov. 4, 1930, Nov. 4, 1980, and Nov. 6, 2001.) (4) Commissioners shall receive no compensation for their services as such. To put restrictions on the power of government in the body of the document, making it difficult to change over time. Plan Your Visit to the National Archives Museum, Browse Revolutionary Era Classroom Activities. The Legislature may by law authorize the creation of county-wide Hospital Districts in counties having a population in excess of 190,000 and in Galveston County, with power to issue bonds for the purchase, acquisition, construction, maintenance and operation of any county owned hospital, or where the hospital system is jointly operated by a county and city within the county, and to provide for the transfer to the county-wide Hospital District of the title to any land, buildings or equipment, jointly or separately owned, and for the assumption by the district of any outstanding bonded indebtedness theretofore issued by any county or city for the establishment of hospitals or hospital facilities; to levy a tax not to exceed seventy-five ($ .75) cents on the One Hundred ($100.00) Dollars valuation of all taxable property within such district, provided, however, that such district shall be approved at an election held for that purpose, and that only qualified voters in such county shall vote therein; provided further, that such Hospital District shall assume full responsibility for providing medical and hospital care to needy inhabitants of the county, and thereafter such county and cities therein shall not levy any other tax for hospital purposes; and provided further that should such Hospital District construct, maintain and support a hospital or hospital system, that the same shall never become a charge against the State of Texas, nor shall any direct appropriation ever be made by the Legislature for the construction, maintenance or improvement of the said hospital or hospitals. (e) Unless the legislature enacts a statewide reapportionment of the judicial districts following each federal decennial census, the board shall convene not later than the first Monday of June of the third year following the year in which the federal decennial census is taken to make a statewide reapportionment of the districts. The Judges of all Courts of county-wide jurisdiction heretofore or hereafter created by the Legislature of this State, and all Criminal District Attorneys now or hereafter authorized by the laws of this State, shall be elected for a term of four years, and shall serve until their successors have qualified. In another case, Kleppe v. New Mexico, the Court ruled that the federal Wild Horse and Burro Act was a constitutional exercise of congressional power under the Property Clause at least insofar as it was applied to a finding of trespass. There shall be established in each county in this State a County Court, which shall be a court of record; and there shall be elected in each county, by the qualified voters, a County Judge, who shall be well informed in the law of the State; shall be a conservator of the peace, and shall hold his office for four years, and until his successor shall be elected and qualified. (b) The Legislature shall provide for the option by the governing body of the city or cities whose airport facilities are served by certificated airlines and whose facility or some interest therein, is proposed to be or has been acquired by the Authority, to either appoint or elect a Board of Directors of said Authority. Portion of the US Constitution regarding states, Article Four of the United States Constitution, Smith, Thomas A. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. (Feb. 15, 1876. A majority of such voters, however, voting at such election, may remove a county seat from a point more than five miles from the geographical centre of the county to a point within five miles of such centre, in either case the centre to be determined by a certificate from the Commissioner of the General Land Office. (e) The office of Constable is abolished in Mills County, Reagan County, and Roberts County. 14, Art. (Added Nov. 4, 1958; Subsecs. If any city or owner has outstanding revenue bonds where the revenues of the airport have been pledged or said bonds constitute a lien against the airport facilities, the Authority shall assume and discharge all the obligations of the city under the ordinances and bond indentures under which said revenue bonds have been issued and sold. COUNTY COURT: TERMS, PROSECUTIONS, AND JURIES. (Feb. 15, 1876. Article IV addresses something different: the states' relations with each other, sometimes called "horizontal federalism." Its first section, the Full Faith and Credit Clause, requires every state, as part of a single nation, to give a certain measure of respect to every other state's laws and institutions. The Texas Constitution does not contain a necessary and proper clause like the U.S. Constitution, therefore making it the second-longest state constitution in America (2nd only to Alabamas). Salary. (e) amended, Subsec. The court upheld Georgia's refusal to enforce the South Carolina judgment. District Court jurisdiction consists of exclusive, appellate, and original jurisdiction of all actions, proceedings, and remedies, except in cases where exclusive, appellate, or original jurisdiction may be conferred by this Constitution or other law on some other court, tribunal, or administrative body. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. The current constitution took effect on February 15, 1876. PARTICIPATION OF MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS IN ESTABLISHMENT AND OPERATION OF MENTAL HEALTH, MENTAL RETARDATION, OR PUBLIC HEALTH SERVICES. The Court held. (c) The legislature may delegate to the Supreme Court or Court of Criminal Appeals the power to promulgate such other rules as may be prescribed by law or this Constitution, subject to such limitations and procedures as may be provided by law. The Legislature shall provide for transfer of title to properties to the district. Most other benefits were held not to be protected privileges and immunities. The Presiding Judge and the Judges shall be elected by the qualified voters of the state at a general election and shall hold their offices for a term of six years. Said courts shall have such other jurisdiction, original and appellate, as may be prescribed by law. There shall be elected for each county, by the qualified voters, a County Clerk, who shall hold his office for four years, who shall be clerk of the County and Commissioners Courts and recorder of the county, whose duties, perquisites and fees of office shall be prescribed by the Legislature, and a vacancy in whose office shall be filled by the Commissioners Court, until the next general election; provided, that in counties having a population of less than 8,000 persons there may be an election of a single Clerk, who shall perform the duties of District and County Clerks. District Court judges shall have the power to issue writs necessary to enforce their jurisdiction. The District Court shall have appellate jurisdiction and general supervisory control over the County Commissioners Court, with such exceptions and under such regulations as may be prescribed by law. The Court shall hold the regular terms at the County Seat of each County in the Court's district in such manner as may be prescribed by law. (a) A vacancy in the office of Chief Justice, Justice, or Judge of the Supreme Court, the Court of Criminal Appeals, the Court of Appeals, or the District Courts shall be filled by the Governor until the next succeeding General Election for state officers, and at that election the voters shall fill the vacancy for the unexpired term. (a) amended Nov. 5, 1985, Nov. 3, 1987, and Nov. 7, 1995; Subsecs. Anna M. Tinsley. Sec. 7. 12. Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.). When, pending the trial of any case, one or more jurors not exceeding three, may die, or be disabled from sitting, the remainder of the jury shall have the power to render the verdict; provided, that the Legislature may change or modify the rule authorizing less than the whole number of the jury to render a verdict. The board has other powers and duties as provided by the legislature and shall exercise its powers under the policies, rules, standards, and conditions, not inconsistent with this section, that the legislature provides. A project created by ISKME. The Master shall have all the power of a District Judge in the enforcement of orders pertaining to witnesses, evidence, and procedure. 14 repealed Nov. 5, 1985; current Sec. (b) If any such district is created, it may be authorized to levy a tax not to exceed Seventy-five Cents (75) on the One Hundred Dollar ($100) valuation of taxable property within the district; provided, however, no tax may be levied until approved by a majority vote of the participating resident qualified voters. (f) The Legislature by general law may prescribe the qualifications of constables. However, the great majority of agencies are created by statute and must function under the separation requirement, thus compelling Texas courts to establish parameters for . COURT OF CRIMINAL APPEALS; JUDGES. COUNTY FACILITIES FOR INDIGENT INHABITANTS. One of them brought suit in federal court, arguing that Rhode Island's government was not "republican" in character, and that his arrest (along with all of the government's other acts) was invalid. Sec. By the end of this section, you will be able to: This section discussesthe Constitution of 1876s role in Texas. Once the new Constitution went into effect, however, Congress admitted Vermont and Kentucky on equal terms and thereafter formalized the condition in its acts of admission for subsequent states, declaring that the new state enters "on an equal footing with the original States in all respects whatever." Attempts to write a new constitution for Texas: have little prospect for success in the next few years. CREATION AND MODIFICATION OF COUNTIES. Who were the framers of the Constitution? Neither of these theories has been endorsed by the Supreme Court, which has held that the clause means that a state may not discriminate against citizens of other states in favor of its own citizens. (Feb. 15, 1876. (Added Aug. 14, 1883; amended Nov. 6, 2001.) No redistricting plan may be proposed or adopted by the legislature, the Judicial Districts Board, or the Legislative Redistricting Board in anticipation of a future action by the voters of any county. Lieutenant Governor of Texas. Provided, however, that no district shall be created by special law except after thirty (30) days' public notice to the district affected, and in no event may the Legislature provide for a district to be created without the affirmative vote of a majority of the qualified voters in the district concerned. And it was final. He is survived by many relatives-a spouse, children, adopted children, sisters, brothers, uncles, aunts, cousins, nephews, and nieces. 3a: See Appendix, Note 3.). The State is entitled to appeal in criminal cases, as authorized by general law. The Governor of Texas heads the state government of Texas. (2) prescribe a reasonable period, which may not exceed 45 days, after the provision of that notice during which the court may not enter a judgment holding the statute unconstitutional. (a) and (b) amended and (c) and (d) added Nov. 8, 1983; Subsec. No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. b. (2) and (5) amended Nov. 8, 2005; Subsec. (Feb. 15, 1876. LEGAL CHALLENGES TO CONSTITUTIONALITY OF STATE STATUTES. Sec. (c) A district judge shall hold the office for the term of four years and shall receive for the judge's services an annual salary to be fixed by the Legislature. (c) All constitutional and statutory references to the Courts of Civil Appeals shall be construed to mean the Courts of Appeals. (12) No person holding an office specified in Subsection (6) of this Section shall sit as a member of the Commission in any proceeding involving his own suspension, discipline, censure, retirement or removal. If the tax is authorized by the legislature and approved by the voters of the area to be taxed, the Amarillo Hospital District shall, by resolution, assume the responsibilities, obligations, and liabilities of Randall County in accordance with Subsection (a) of this section and, except as provided by this subsection, Randall County may not levy taxes or issue bonds for hospital purposes or for providing hospital care for needy inhabitants of the county. (TEMPORARY TRANSITION PROVISIONS for Sec. (14) The Legislature may promulgate laws in furtherance of this Section that are not inconsistent with its provisions. The Court and the Judges thereof shall have the power to issue such other writs as may be necessary to protect its jurisdiction or enforce its judgments. (5) The Commission may hold its meetings, hearings and other proceedings at such times and places as it shall determine but shall meet at Austin at least once each year. While the Supreme Court's holding in Luther v. Borden still holds today, the Court, by looking to the Equal Protection Clause of the Fourteenth Amendment (adopted 19 years after Luther v. Borden was decided), has developed new criteria for determining which questions are political in nature and which are justiciable. Hi, it looks like JavaScript has been disabled in your browser. 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