4 OF COMANCHE COUNTY. SUPREME COURT; JUSTICES. If, after formal hearing, or after considering the record and report of a Master, the Commission finds good cause therefor, it shall issue an order of public admonition, warning, reprimand, censure, or requirement that the person holding an office or position specified in Subsection (6) of this Section obtain additional training or education, or it shall recommend to a review tribunal the removal or retirement, as the case may be, of the person and shall thereupon file with the tribunal the entire record before the Commission. If such tax is authorized, the district shall by resolution assume the responsibilities, obligations, and liabilities of the county in the manner and to the extent hereinabove provided for political subdivisions having boundaries coextensive with the district, and the county shall not thereafter levy taxes (other than herein provided) for hospital purposes nor for providing hospital care for needy individuals of the county. 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. Sec. B. The Constitution of 1836 adapted provisions from Spanish-Mexican law, including: community property, homestead exemptions and protections, and debtor relief. Sec. Sec. (a) The Judicial Districts Board is created to reapportion the judicial districts authorized by Article V, Section 7, of this constitution. (b) For the purpose of hearing cases, the Court of Criminal Appeals may sit in panels of three Judges, the designation thereof to be under rules established by the court. In the event that two or more counties vote on the proposition of the creation of an Authority therein, the proposition shall not be deemed to carry unless the majority of the qualified voters in each county voting thereon vote in favor thereof. (a) and (b) amended and (c) and (d) added Nov. 8, 1983; Subsec. Sec. The concurrence of a majority of the judges sitting in a section is necessary to decide a case. EXECUTIVE DEPARTMENT Sec. AIRPORT AUTHORITIES. REMOVAL OF COUNTY OFFICERS. 6. By the 1840s, only 40% of the state's free white males were enfranchised. Amended Aug. 11, 1891, Nov. 4, 1930, Nov. 4, 1980, and Nov. 6, 2001.) Table 2.2 Articles of the Texas Constitution of 1876, The Texas Constitution's Bill of Rights Similar civil liberties and civil rights as in the U.S. Constitutions Bill of Rights, Establishes three branches of government with separation of powers, Specifics about the Texas Judicial system, -any convicted felon who has not completed their sentence, or. 5a: See Appendix, Note 3.). 8. (b) amended Nov. 2, 2021.) Notwithstanding Section 1, Article II, of this constitution, the legislature may: (1) require a court in which a party to litigation files a petition, motion, or other pleading challenging the constitutionality of a statute of this state to provide notice to the attorney general of the challenge if the party raising the challenge notifies the court that the party is challenging the constitutionality of the statute; and. What happens to the standard deviation of return for a portfolio if we increase All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. The Supreme Court and the Court of Criminal Appeals may sit at any time during the year at the seat of government or, at the court's discretion, at any other location in this state for the transaction of business, and each term of either court shall begin and end with each calendar year. By the end of this section, you will be able to: This section discussesthe Constitution of 1876s role in Texas. The office of every such Justice and Judge shall become vacant on the expiration of the term during which the incumbent reaches the age of seventy-five (75) years or such earlier age, not less than seventy (70) years, as the Legislature may prescribe, except that if a Justice or Judge elected to serve or fill the remainder of a six-year term reaches the age of seventy-five (75) years during the first four years of the term, the office of that Justice or Judge shall become vacant on December 31 of the fourth year of the term to which the Justice or Judge was elected. The Legislature shall pass laws regulating the manner of removing county seats, but no county seat situated within five miles of the geographical centre of the county shall be removed, except by a vote of two-thirds of all the voters voting on the subject. (b) The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals. Its orders for the attendance or testimony of witnesses or for the production of documents at any hearing or investigation shall be enforceable by contempt proceedings in the District Court or by a Master. Clause Two requires that fugitives from justice may be extradited on the demand of executive authority of the state from which they fled. (a) The Legislature may by law authorize the creation of two hospital districts, one to be coextensive with and have the same boundaries as the incorporated City of Amarillo, as such boundaries now exist or as they may hereafter be lawfully extended, and the other to be coextensive with Wichita County. (TEMPORARY TRANSITION PROVISION for Sec. (Feb. 15, 1876. (TEMPORARY TRANSITION PROVISIONS for Sec. (Added Nov. 8, 1966; amended Nov. 2, 1999.) When convened en banc, five Judges shall constitute a quorum and the concurrence of five Judges shall be necessary for a decision. Sec. (Feb. 15, 1876. (a) The supreme court and the court of criminal appeals have jurisdiction to answer questions of state law certified from a federal appellate court. In Luther v. Borden,[19] the Court held that the determination of whether a state government is a legitimate republican form as guaranteed by the Constitution is a political question to be resolved by the Congress. What role do you feel Hyundai's 10-year, 100,000 -mile warranty played in its turnaround? 5: See Appendix, Note 3.). 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. 4. (1) Subject to the further provisions of this Section, the Legislature shall provide for the retirement and compensation of Justices and Judges of the Appellate Courts and District and Criminal District Courts on account of length of service, age and disability, and for their reassignment to active duty where and when needed. The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the district and other inferior courts thereto. Texas Constitution The state constitution establishes the structure and purpose of the Texas government. Judicial districts smaller in size than the entire county may be created subsequent to a general election where a majority of the persons voting on the proposition adopt the proposition "to allow the division of ___________ County into judicial districts composed of parts of ___________ County." A project created by ISKME. 9. To put restrictions on the power of government in the body of the document, making it difficult to change over time. The Supreme Court has held that this clause prevents states from reopening cases which have been conclusively decided by the courts of another state. If you have any trouble with our navigation menu, we recommend you use our site map for navigation. (f) The Legislature by general law may prescribe the qualifications of constables. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? 14 repealed Nov. 5, 1985; current Sec. COURTS OF APPEALS; JUSTICES; JURISDICTION. Find out from TexPlainer at the Texas Tribune. Within 90 days after the date on which the record is filed with the review tribunal, it shall order public censure, retirement or removal, as it finds just and proper, or wholly reject the recommendation. Its jurisdiction shall be coextensive with the limits of the State and its determinations shall be final except in criminal law matters. 1-A. 7a. Sec. 8, Art. Nothing in this amendment shall increase the rights of any riparian or littoral landowner with regard to beaches available to the public by virtue of public right or submerged lands. Said Justices shall be elected by the qualified voters of their respective districts at a general election, for a term of six years and shall receive for their services the sum provided by law. LEGAL CHALLENGES TO CONSTITUTIONALITY OF STATE STATUTES. 32. (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. the number of securities in the portfolio? SHERIFFS. Sec. The Legislature shall have power to create counties for the convenience of the people subject to the following provisions: (1) Within the territory of any county or counties, no new county shall be created with a less area than seven hundred square miles, nor shall any such county now existing be reduced to a less area than seven hundred square miles. Sec. 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. And the District Judges may exchange districts, or hold courts for each other when they may deem it expedient, and shall do so when required by law. The Legislature shall provide for transfer of title to properties to the district. (2000). Although federal property can be found in every state, the largest concentrations are in the west, where, for example, the federal government owns over eighty percent of the land within Nevada. COUNTY COURT: TERMS, PROSECUTIONS, AND JURIES. (e) The Legislature shall authorize the purchase or acquisition by the Authority of any existing airport facility publicly owned and financed and served by certificated airlines, in fee or of any interest therein, or to enter into any lease agreement therefor, upon such terms and conditions as may be mutually agreeable to the Authority and the owner of such facilities, or authorize the acquisition of same through the exercise of the power of eminent domain. In Mahon a body of armed men from Kentucky forcibly took, without a warrant, a man in West Virginia to bring him back to Kentucky for formal arrest and trial. Voter turnout for the constitutional amendment elections could be improved if: they were held at the same time as presidential elections. 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. [5] This clause was rendered mostly moot when the Thirteenth Amendment abolished slavery. (e) and (f) added Nov. 7, 1995; Subsec. (Feb. 15, 1876. Authored by: Kris S. Seago. 29. The previous six were the 1827 Constitution of the State of Coahuila and Tejas, the 1836Constitution of the Republic of Texas,and different versions of the constitution of Texas for the years 1845, 1861, 1866, and 1869. TRIAL BY JURY IN CIVIL CASES. (14) The Legislature may promulgate laws in furtherance of this Section that are not inconsistent with its provisions. In Corfield v. Coryell, 6 F. Cas. Notwithstanding the population requirements of this subsection, any county that is divided into four or more precincts on November 2, 1999, shall continue to be divided into not less than four precincts. (Feb. 15, 1876. Except as provided by this section, in each such precinct there shall be elected one Justice of the Peace and one Constable, each of whom shall hold his office for four years and until his successor shall be elected and qualified; provided that in a county with a population of less than 150,000, according to the most recent federal census, in any precinct in which there may be a city of 18,000 or more inhabitants, there shall be elected two Justices of the Peace, and in a county with a population of 150,000 or more, according to the most recent federal census, each precinct may contain more than one Justice of the Peace Court. The Guarantee Clause mandates that all U.S. states must be grounded in republican principles such as the consent of the governed. 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. Said Court of Appeals shall have appellate jurisdiction co-extensive with the limits of their respective districts, which shall extend to all cases of which the District Courts or County Courts have original or appellate jurisdiction, under such restrictions and regulations as may be prescribed by law. There was no place for reconsideration, or revocation, except through revolution, or through consent of the States. Until otherwise provided, the terms of the County Court shall be held on the first Mondays in February, May, August and November, and may remain in session three weeks. [17] By ensuring that all states must have the same basic republican philosophy, the Guarantee Clause is one of several portions of the Constitution which mandates symmetric federalism between the states. Plan Your Visit to the National Archives Museum, Browse Revolutionary Era Classroom Activities. The practice and procedures relating to the use of indictments and informations, including their contents, amendment, sufficiency, and requisites, are as provided by law. 5b. (Feb. 15, 1876. The legislature shall provide for the necessary expenses of the board. This latter provision was designed to give Eastern states that still had claims to Western lands (e.g., Virginia and North Carolina) to have a veto over whether their western counties (which eventually became Kentucky and Tennessee) could become states. 3. The Court held. Under the Submerged Lands Act of 1953, Congress returned maritime territory to some states, but not to others; the Act was sustained by the Supreme Court. The legislature may provide that the county in which the district is located may issue general obligation bonds for the district and provide other services to the district. A quorum shall consist of seven (7) members. (TEMPORARY TRANSITION PROVISION for Sec. 4 of Comanche County. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. Why is the Texas Constitution So Dang Long? (h) The commissioners court of a county may declare the office of constable in a precinct dormant if at least seven consecutive years have passed since the end of the term of the person who was last elected or appointed to the office and during that period of time no person was elected to fill that office, or during that period a person was elected to that office, but the person failed to meet the qualifications of that office or failed to assume the duties of that office. (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. The current constitution took effect on February 15, 1876. (8) amended Nov. 5, 2013; Subsec. 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. 1. Ralph dies without having made a will. HOSPITAL DISTRICTS: REGULATION OF HEALTH CARE SERVICES. 30. Texas voters later decide whether to adopt the proposed amendments. 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. 4 of Comanche County, Texas. (c) Subject to such regulations as may be prescribed by law, the Court of Criminal Appeals and the Judges thereof shall have the power to issue the writ of habeas corpus, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and certiorari. 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. Pa. 1823), the federal circuit court held that privileges and immunities in respect of which discrimination is barred include. 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. (d) The Legislature shall provide for the appointment by the Board of Directors of an Assessor and Collector of Taxes in the Authority, whether constituted of one or more counties, whose duty it shall be to assess all taxable property, both real and personal, and collect the taxes thereon, based upon the tax rolls approved by the Board of Directors, the tax to be levied not to exceed Seventy-Five Cents (75) per One Hundred Dollars ($100) assessed valuation of the property. (e) The office of Constable is abolished in Mills County, Reagan County, and Roberts County. 26. Sec. The seeming ambiguity of the clause has given rise to a number of different interpretations. The district may provide hospital care, medical care, and other services authorized by the legislature. [20] In Pacific States, a utility company challenged an Oregon tax law passed by a referendum, as opposed to the ordinary legislative process. Grand juries empaneled in the District Courts shall inquire into misdemeanors, and all indictments therefor returned into the District Courts shall forthwith be certified to the County Courts or other inferior courts, having jurisdiction to try them for trial; and if such indictment be quashed in the County, or other inferior court, the person charged, shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit. 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. The rights found in the Texas Bill of Rights: contain some ideas that move beyond those guaranteed by the first 10 amendments to the US Constitution. Which clause of the US Constitution states that the Constitution and laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state? The Legislature shall provide for transfer of title to properties to the district. Mandates an "efficient" free public school system. (4) Commissioners shall receive no compensation for their services as such. If the Directors are appointed such appointment shall be made by the County Commissioners Court after consultation with and consent of the governing body or bodies of such city or cities. 23. In 1864, during the Civil War, an effort to repeal this clause of the Constitution failed. The maximum rate of tax may be changed at subsequent elections so long as obligations are not impaired, and not to exceed the maximum limit of Seventy-five Cents (75) per One Hundred Dollars ($100.00) valuation, and no election shall be required by subsequent changes in the boundaries of the City of Amarillo. The United States shall guarantee to every State in this Union a Republican Form of Government, []. COURT ADMINISTRATION AND RULE-MAKING AUTHORITY. COURT OF CRIMINAL APPEALS; JUDGES. -any person deemed mentally incompetent by the courts. (g) Any such Authority when created may be granted the power and authority to promulgate, adopt and enforce appropriate zoning regulations to protect the airport from hazards and obstructions which would interfere with the use of the airport and its facilities for landing and take-off. What determines who gets what? Hi, it looks like JavaScript has been disabled in your browser. (2) and (5) amended Nov. 8, 2005; Subsec. 6: See Appendix, Note 3.). (Feb. 15, 1876. 546 (C.C.E.D. (a) The Legislature may by law provide for the creation, establishment, maintenance and operation of Airport Authorities composed of one or more counties, with power to issue general obligation bonds, revenue bonds, either or both of them, for the purchase, acquisition by the exercise of the power of eminent domain or otherwise, construction, reconstruction, repair or renovation of any airport or airports, landing fields and runways, airport buildings, hangars, facilities, equipment, fixtures, and any and all property, real or personal, necessary to operate, equip and maintain an airport. [14] These holdings include national parks, national forests, recreation areas, wildlife refuges, vast tracts of range and public lands managed by the Bureau of Land Management, reservations held in trust for Native American tribes, military bases, and ordinary federal buildings and installations. With a majority vote, the amendment is ratified. (b) Each of said Courts of Appeals shall hold its sessions at a place in its district to be designated by the Legislature, and at such time as may be prescribed by law. 11: See Appendix, Note 1.). Since the 1987 case of Puerto Rico v. Branstad, federal courts may also use the Extradition Clause to require the extradition of fugitives. (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. (3) The regular term of office of Commissioners shall be six (6) years; but the initial members of each of classes (i), (ii) and (iii) shall respectively be chosen for terms of four (4) and six (6) years, and the initial members of class (iiii) for respective terms of two (2), four (4) and six (6) years. The court must sit en banc during proceedings involving capital punishment and other cases as required by law. The Luther v. Borden ruling left the responsibility to establish guidelines for the republican nature of state governments in the hands of the Congress. 8: See Appendix, Note 1.). Since the establishment of the United States in 1776, the number of states has expanded from the original 13 to 50. ARTICLE 4. [3] There is no constitutional requirement that extradited fugitives be tried only for the crimes named in the extradition proceedings. Article II of the Texas Constitution consists of only a single section, with fewer than 100 words. Who were the framers of the Constitution? (5) reside in the district during the judge's term of office. [21] The utility company claimed that the use of referendums, as a form of direct democracy, violated the republican form of government clause, which permits only a representative democracy. 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. (d) A District Court shall conduct its proceedings at the county seat of the county in which the case is pending, except as otherwise provided by law. Sec. The state legislature can propose amendments to the constitution. County Courts in existence on the effective date of this amendment are continued unless otherwise provided by law. 8. (Feb. 15, 1876. When first adopted, this clause applied to fugitive slaves and required that they be extradited upon the claims of their masters, but it provided no means for doing so. RETIREMENT, COMPENSATION, DISCIPLINE, AND REMOVAL OF JUSTICES AND JUDGES; STATE COMMISSION ON JUDICIAL CONDUCT. The State is entitled to appeal in criminal cases, as authorized by general law. (TEMPORARY TRANSITION PROVISION for Sec. Create a standalone learning module, lesson, assignment, assessment or activity, Submit OER from the web for review by our librarians, Please log in to save materials. Why is some risk not diversifiable? 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. In modifying any judicial district, no county having a population as large or larger than the population of the judicial district being reapportioned shall be added to the judicial district. However, the Supreme Court, in Texas v. White (1869), held that a state cannot unilaterally do so. 4: See Appendix, Note 1.). 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. Amended Nov. 2, 1954, and Nov. 2, 1993.). JUROR QUALIFICATIONS. Under the equal footing doctrine, however, Texas was found not to have control over the three-mile belt after admission into the Union, because the original states did not at the time of joining the union control such waters. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence. The Fugitive Slave Act of 1793 created the mechanism for recovering a fugitive slave, overruled any state laws giving sanctuary, made it a federal crime to assist an escaped slave, and allowed slave-catchers into every U.S. state and territory. Pierce Butler and Charles Pinckney, both from South Carolina, submitted this clause to the Constitutional Convention. (a), (c), and (e) amended Nov. 2, 1999.) (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. Groups Theory & Practice - Study Set (Groups, Christina Dejong, Christopher E. Smith, George F Cole, Government in America: Elections and Updates Edition, George C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry. Later decide whether to adopt the proposed amendments which the death penalty has been assessed shall be except. Government in the body of the board law matters the office of Constable is abolished in Mills County, County... Clause mandates that all U.S. states must be grounded in republican principles such as the consent of Texas. Law may prescribe the qualifications of constables and immunities in respect of which discrimination is barred include and of! In existence on the demand of executive authority of the clause has given rise to a of. Has been disabled in Your browser in a section is necessary to decide a.. Which they fled Revolutionary Era Classroom Activities white ( 1869 ), and REMOVAL of and. Discussesthe Constitution of 1836 noteworthy February 15, 1876 to: this section Constitution. Of constables the governed February 15, 1876 the document, making it difficult to change over time a is! 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