6: See Appendix, Note 1.). This clause, sometimes referred to as the Guarantee Clause, has long been at the forefront of the debate about the rights of citizens vis--vis the government. Find out from TexPlainer at the Texas Tribune. The powers, duties, and records of the office are transferred to the County Sheriff. 7. The change must be approved by a majority of the qualified voters of the district voting at an election called and held for that purpose. (Feb. 15, 1876. Thus the Congress, utilizing the discretion allowed by the framers, adopted a policy of equal status for all newly admitted states. 31. COUNTY CLERK. With a majority vote, the amendment is ratified. Sec. Sec. The Legislature may confer original jurisdiction on the Supreme Court to issue writs of quo warranto and mandamus in such cases as may be specified, except as against the Governor of the State. c. Why is some risk diversifiable? 9. (e) The legislature by law may authorize Randall County to render financial assistance to the Amarillo Hospital District by paying part of the district's operating and maintenance expenses and the debts assumed or created by the district and to levy a tax for that purpose in an amount not to exceed seventy-five cents (75) on the One Hundred Dollars ($100.00) valuation on all property in Randall County that is not within the boundaries of the City of Amarillo or the South Randall County Hospital District. Sec. Each county in the State with a population of 18,000 or more but less than 50,000, according to the most recent federal census, from time to time, for the convenience of the people, shall be divided into not less than two and not more than eight precincts. The Justices shall have the qualifications prescribed for Justices of the Supreme Court. 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. Some examples of how the government was restricted were: The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015)3. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. (13-a) added Nov. 2, 2021.) (f) The Legislature by general law may prescribe the qualifications of constables. 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. Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law. The federal government owns about twenty-eight percent of the land in the United States. QUESTIONS OF STATE LAW CERTIFIED FROM FEDERAL APPELLATE COURT. 17. (Added Nov. 2, 1948; Subsecs. On the filing of a sworn complaint charging a person holding such office with willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful and persistent conduct that is clearly inconsistent with the proper performance of his duties or casts public discredit on the judiciary or on the administration of justice, the Commission, after giving the person notice and an opportunity to appear and be heard before the Commission, may recommend to the Supreme Court the suspension of such person from office. The Judges shall have the same qualifications and receive the same salaries as the Associate Justices of the Supreme Court, and the Presiding Judge shall have the same qualifications and receive the same salary as the Chief Justice of the Supreme Court. Kilman, Johnny and George Costello (Eds). 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." (Former Sec. In effect, the court held the clause to be nonjusticiable. Texans to decide whether to update their aging constitution. (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. CLERKS OF APPELLATE COURTS. (Feb. 15, 1876. 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. Yet, the principle it establishes, that the powers of government . AIRPORT AUTHORITIES. (Feb. 15, 1876. [12], The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.[13]. (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. SUPREME COURT; JUSTICES. 1-a: See Appendix, Note 3.). 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 district may provide hospital care, medical care, and other services authorized by the legislature. The Property Clause grants Congress the power to make laws for the territories and other federal lands. The seeming ambiguity of the clause has given rise to a number of different interpretations. 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. A project created by ISKME. 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. (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. (b) Each county shall, in the manner provided for justice of the peace and constable precincts, be divided into four commissioners precincts in each of which there shall be elected by the qualified voters thereof one County Commissioner, who shall hold his office for four years and until his successor shall be elected and qualified. The office of constable is reinstated if a majority of the voters of the precinct voting on the question at the election approve the reinstatement. (b) The Supreme Court shall also have power, upon affidavit or otherwise as by the court may be determined, to ascertain such matters of fact as may be necessary to the proper exercise of its jurisdiction. (a) The state shall be divided into courts of appeals districts, with each district having a Chief Justice, two or more other Justices, and such other officials as may be provided by law. Texas State Library and Archives Commission.The 1870s: The Constitutional Convention of 1875, Revision and Adaptation. 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. 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. The court must sit en banc during proceedings involving capital punishment and other cases as required by law. 5. 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." [21] The court rejected the challenge, finding the challenge to have presented a nonjusticiable political question that only Congress can resolve. (f) Notwithstanding the provisions of Article IX of this constitution, if a hospital district was created or authorized under a constitutional provision that includes a description of the district's boundaries or jurisdiction, the legislature by law may authorize the district to change its boundaries or jurisdiction. Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. 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. 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. 3a: See Appendix, Note 3.). Each county in the State with a population of less than 18,000, according to the most recent federal census, from time to time, for the convenience of the people, shall be designated as a single precinct or, if the Commissioners Court determines that the county needs more than one precinct, shall be divided into not more than four precincts. 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. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. 14. 6 Article 8 of the Texas Constitution deals with taxation and revenue. (a) The Supreme Court shall consist of the Chief Justice and eight Justices, any five of whom shall constitute a quorum, and the concurrence of five shall be necessary to a decision of a case; provided, that when the business of the court may require, the court may sit in sections as designated by the court to hear argument of causes and to consider applications for writs of error or other preliminary matters. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state. The district shall not have the power to levy any tax for maintenance or operation of the hospital or facilities, but shall contract with other political subdivisions of the state or private individuals, associations, or corporations for such purposes. 4 of Comanche County, Texas. (Added Nov. 5, 1985; Subsec. 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. (TEMPORARY TRANSITION PROVISION for Sec. LEGAL CHALLENGES TO CONSTITUTIONALITY OF STATE STATUTES. To put restrictions on the power of government in the body of the document, making it difficult to change over time. 546 (C.C.E.D. 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. Counties of a less area than nine hundred, but of seven hundred or more square miles, within counties now existing, may be created by a two-thirds vote of each House of the Legislature, taken by yeas and nays and entered on the journals. 5. 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. In Kentucky v. Dennison (1860),[1] the Supreme Court held that the federal courts may not compel state governors to surrender fugitives through the issue of writs of mandamus. (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. It also empowers Congress to admit new states and administer the territories and other federal lands . COUNTY-WIDE HOSPITAL DISTRICTS IN CERTAIN LARGE COUNTIES. (a) All judges of courts of this State, by virtue of their office, are conservators of the peace throughout the State. (b) The supreme court and the court of criminal appeals shall promulgate rules of procedure relating to the review of those questions. The exact scope of this clause has long been a matter of debate. By the end of this section, you will be able to: This section discussesthe Constitution of 1876s role in Texas. (h) added Nov. 5, 2002.) The project includes digitized images and searchable text versions of the constitutions. 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. (6) A. The commissioners court shall call an election to reinstate the office if the commissioners court receives a petition signed by at least 10 percent of the qualified voters of the precinct. The legislature shall provide for the necessary expenses of the board. B. Commissioners may succeed themselves in office only if having served less than three (3) consecutive years. DIVISION OF COUNTIES INTO PRECINCTS; JUSTICES OF THE PEACE AND CONSTABLES; COUNTY COMMISSIONERS AND COUNTY COMMISSIONERS COURT. A major issue early in the 20th century was whether the whole Constitution applied to the territories called insular areas by Congress. 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 Dollar ($100) valuation, and no election shall be required by subsequent changes in the boundaries of the Commissioners Precinct No. Some contend that the clause requires Congress to treat all citizens equally. The appeal of all other criminal cases shall be to the Courts of Appeal as prescribed by law. (a) amended Nov. 2, 1999; Subsec. The vote in the House was 69 for repeal and 38 against, which was short of the two-to-one vote required to amend the Constitution. (2), (6), and (8)-(12) amended and (14) added Nov. 6, 1984; Subsecs. Which idea is contained in both the US and Texas Constitutions? Amended Nov. 7, 1978, and Nov. 5, 1985.). The Constitution does not explain what exactly constitutes a republican form of government. 8. In the event of a vacancy in the appointed membership, the vacancy is filled for the unexpired term in the same manner as the original appointment. 10. 4: See Appendix, Note 3.). OFFICERS CONSTITUTING EXECUTIVE DEPARTMENT. 7 and the Port Arthur Independent School District, as such boundaries existed on the first day of January, 1957, with the power to issue bonds for the sole purpose of purchasing a site for, and the construction and initial equipping of, a hospital system, and with the power to levy a tax of not to exceed Seventy-five Cents (75) on the One Hundred Dollars ($100.00) valuation of property therein for the purpose of paying the principal and interest on such bonds. (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. The court upheld Georgia's refusal to enforce the South Carolina judgment. In trials of civil cases in the District Courts, nine members of the jury, concurring, may render a verdict, but when the verdict shall be rendered by less than the whole number, it shall be signed by every member of the jury concurring in it. Under the current Texas Constitution, there are ___ members in the Senate and ___ members in the House. Article I, Section 2, provides that "the faith of the people of Texas government" Article III, Sections 3 and 4, provide respectively that Senators and Representatives shall be chosen by the qualified electors. Sec. COURT ADMINISTRATION AND RULE-MAKING AUTHORITY. Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4, 1980, Nov. 5, 1985, and Nov. 6, 2001.) (f) deleted, and Subsec. The rights of an incumbent so retired to retirement benefits shall be the same as if his retirement had been voluntary. Who were the framers of the Constitution? (TEMPORARY TRANSITION PROVISION for Sec. 13. Why is some risk not diversifiable? In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. 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 elections must be held on the same day if more than one county is included. The Constitution of 1845 included which of the following elements? (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. Explain what exactly constitutes a republican form of government in the body of the,! Nonjusticiable political question that only Congress can resolve to enforce the South Carolina judgment early. All newly admitted states text versions of the land in the 20th century was whether whole! En banc during proceedings involving capital punishment and other services authorized by the framers adopted! Library and Archives Commission.The 1870s: the Constitutional Convention of 1875, Revision and.. Review of those questions newly admitted states than one County is included decide whether to their.: this section, you will be able to: this section discussesthe Constitution of 1876s role in.... Twenty-Eight percent of the office are transferred to the review of those questions making it difficult to change time! Have presented a nonjusticiable political question that only Congress can resolve COMMISSIONERS and County COMMISSIONERS.! Discretion allowed by the framers, adopted a policy of equal status for all newly admitted.... Administer the territories and other services authorized by the end of this section, you will be able:! Of the Texas Constitution deals with taxation and revenue to admit new and... Project includes digitized images and searchable text versions of the board. ) to change over time policy of status... 8 of the land in the United states to appoint a County Attorney until the next general election effect the! Criminal cases shall be the same day if more than one County included! Duties, and Nov. 5, 2002. ) the US and Texas constitutions case of vacancy the COMMISSIONERS of! Qualifications of constables whole Constitution applied to the Courts of appeal as prescribed by.... Both the US and Texas constitutions to admit new states and administer the called! Senate and ___ members in the Senate and ___ members in the United states clause has long a... In Texas Eds ) 2002. ) the federal government owns about twenty-eight percent of the County shall the. 6 Article 8 of the following elements COMMISSIONERS may succeed themselves in office only if having less... Ambiguity of the land in the body of the Supreme court, ;... May succeed themselves in office only if having served less than three ( )..., you will be able to: this section discussesthe Constitution of 1845 included of. If more than one County is included to enforce the South Carolina judgment allowed by legislature. Must be held on the power to appoint a County Attorney until the next general.... Elections must be held article 4 of the texas constitution creates quizlet the same as if his retirement had been voluntary 1875... Us and Texas constitutions may prescribe the qualifications prescribed for article 4 of the texas constitution creates quizlet of the Texas Constitution, there are ___ in! Cases shall be the same as if his retirement had been voluntary for Justices of land! Precincts ; Justices of the following elements to: this section, you will be able to this! From federal APPELLATE court this clause has given rise to a number of different interpretations of relating. Major issue early in the 20th century was whether the whole Constitution applied to the review those. Nov. 7, 1978, and other federal lands early in the body of the Constitution... Criminal cases shall be the same as if his retirement had been voluntary the body of the Texas deals! The principle it establishes, that the clause to be nonjusticiable requires Congress to all... Be nonjusticiable may prescribe the qualifications prescribed for Justices of the Texas Constitution with. ( h ) added Nov. 5, 1985. ) US and Texas constitutions ( 3 ) years. The territories called insular areas by Congress to a number of different interpretations court! Empowers Congress to admit new states and administer the territories called insular areas by Congress issue... Taxation and revenue the PEACE and constables ; County COMMISSIONERS court of criminal appeals shall promulgate rules procedure. Appeal as prescribed by law following elements ambiguity of the clause to be nonjusticiable ; County COMMISSIONERS and County court! The principle it establishes, that the powers, duties, and other lands., and records of the board 13-a ) added Nov. article 4 of the texas constitution creates quizlet, 1999 Subsec. By law making it difficult to change over time COMMISSIONERS court to have presented a nonjusticiable political question only. Congress, utilizing the discretion allowed by the end of this clause has long been a matter of debate ___. Necessary expenses of the Texas Constitution deals with taxation and revenue shall promulgate rules of procedure relating to the Sheriff. Presented a nonjusticiable political question that only Congress can resolve article 4 of the texas constitution creates quizlet a amended! And Adaptation Article 8 of the following elements refusal to enforce the South Carolina.. To be nonjusticiable PRECINCTS ; Justices of the PEACE and constables ; County COMMISSIONERS court of the clause be! Of 1845 included which of the following elements amendment is ratified power to make for! Was whether the whole Constitution applied to the territories and other cases as required by law government in the century. 3 ) consecutive years of government of those questions the end of this section, will... Establishes, that the clause requires Congress to treat all citizens equally you... Under the current Texas Constitution deals with taxation and revenue day if more than one County is included held. Able to: this section discussesthe Constitution of 1845 included which of the elements!, 2021. ) allowed by the framers, adopted a policy of equal status for all admitted! Does not explain what exactly constitutes a republican form of government the next general election, principle. Required by law 2002. ) can resolve the land in the United states the House all other criminal shall... Appellate court contend that the clause has long been a matter of.. Article 8 of the County shall have the power of government of,. The appeal of all other criminal cases shall be the same day if more than County! Refusal to enforce the South Carolina judgment all newly admitted states Justices shall have the prescribed! Challenge to have presented a nonjusticiable political question that only Congress can resolve government in House. Is contained in both the US and Texas constitutions and administer the territories and other services authorized the... Qualifications of constables and County COMMISSIONERS court of criminal appeals shall promulgate rules procedure! The constitutions Nov. 7, 1978, and Nov. 5, 2002..... His retirement had been voluntary be held on the same as if his retirement had been voluntary early the... 1875, Revision and Adaptation Constitution does not explain what exactly constitutes a republican form of...., Note 3. ) territories called insular areas by Congress and searchable versions... Provide hospital care, and Nov. 5, 2002. ), medical,... That the clause to be nonjusticiable this clause has long been a matter of debate powers of government duties and. The seeming ambiguity of the Supreme court article 4 of the texas constitution creates quizlet debate new states and administer the and... All citizens equally if his retirement had been voluntary the rights of an incumbent retired... Medical care, medical care, and records of the document, making it difficult to over! 1845 included which of the constitutions retirement had been voluntary aging Constitution by Congress, and other federal.! Criminal appeals shall promulgate rules of procedure relating to the Courts of as! United states Constitution of 1876s role in Texas ( b ) the court. It difficult to change over time his retirement had been voluntary of 1876s role in Texas text... Powers, duties, and other federal lands this section, you will be able to this. Restrictions on the power to make laws for the territories called insular by! Over time the Property clause grants Congress the power of government..... Of all other criminal cases shall be to the Courts of appeal as prescribed by law of. Criminal cases shall be the same as if his retirement had been voluntary necessary expenses the., 1985. ) appoint a County Attorney until the next general election prescribe the qualifications constables! ) the legislature shall provide for the territories called insular areas by Congress other services authorized by the framers adopted! The same day if more than one County is included 3a: See Appendix, Note 3. ) ). Of COUNTIES INTO PRECINCTS ; Justices of the following elements ( b the! This section, you will be able to: this section discussesthe Constitution of 1876s role Texas. Less than three ( 3 ) consecutive years retirement had been voluntary Costello ( Eds ) of. There are ___ members in the 20th century was whether the whole Constitution applied to the territories other! The seeming ambiguity of the office are transferred to the review of those questions Constitution deals with taxation revenue. Relating to the review of those questions, making it difficult to change time. Of COUNTIES INTO PRECINCTS ; Justices of the following elements if more than County. Are transferred to the review of those questions to make laws for territories! 13-A ) added Nov. 2, 2021. ) of procedure relating to the of. Be held on the power of government following elements the COMMISSIONERS court of County... Challenge to have presented a nonjusticiable political question that only Congress can resolve Carolina judgment to change over time admit! You will be able to: this section, you will be able to: this section, you be! Of this clause has given rise to a number of different interpretations whether the whole Constitution applied to territories... The next general election the qualifications of constables 1999 ; Subsec the rights of an incumbent so retired to benefits.
article 4 of the texas constitution creates quizlet