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." (TEMPORARY TRANSITION PROVISIONS for Sec. 9: See Appendix, Note 1.). 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. A political crisis in 1840s Rhode Island, the Dorr Rebellion, forced the Supreme Court to rule on the meaning of this clause. [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. JUDICIAL DISTRICTS BOARD; REAPPORTIONMENT OF JUDICIAL DISTRICTS. 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. Article Seven, the last and shortest of the Constitution's original articles, stipulated that the Constitution, before it could become established as the "Law of the Land", must obtain the consent of the people by being ratified by popular conventions within the several states. (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 commissioners court may reinstate an office of constable declared dormant by vote of the commissioners court or by calling an election in the precinct to reinstate the office. 29. In Corfield v. Coryell, 6 F. Cas. 17: See Appendix, Note 3.). 6 Article 7 of the Texas constitution Requires that the state legislature establish and maintain "an efficient system of public free schools" Article 8 of the Texas constitution deals with taxation and revenue. REMOVAL OF COUNTY SEATS. Directors shall serve without compensation for a term fixed by the Legislature not to exceed six (6) years, shall be selected on the basis of the proportionate population of each county based upon the last preceding Federal Census, and shall be residents of such county. Texas utilizes a "plural executive" which means the power of the Governor are limited and distributed amongst other executive officials. The First Clause of Section Three, also known as the Admissions Clause,[6] grants to Congress the authority to admit new states into the Union. The Extradition Clause requires that fugitives from justice be extradited on the demand of executive authority of the state from which they flee. (f) deleted, and Subsec. By 1875, Reconstruction was winding to a halt, and Democrats had regained power in Texas. (14) The Legislature may promulgate laws in furtherance of this Section that are not inconsistent with its provisions. During the constitutional convention held November 1865. fundamental freedoms and rights were granted to newly free former slaves. 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. 5b. An amendment is a change to the Constitution. (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. County Courts in existence on the effective date of this amendment are continued unless otherwise provided by law. Service on the tribunal shall be considered part of the official duties of a judge, and no additional compensation may be paid for such service. (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. 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. AUTHORITY OF COASTAL COUNTIES TO REGULATE MOTOR VEHICLES AND LITTERING ON BEACHES. (Added Nov. 6, 1962; amended Nov. 2, 1999.) 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. Amended Nov. 2, 1999.) (b) The Supreme Court shall promulgate rules of civil procedure for all courts not inconsistent with the laws of the state as may be necessary for the efficient and uniform administration of justice in the various courts. 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. 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. CLERKS OF APPELLATE COURTS. This clause, commonly known as the "Property Clause" or "Territorial Clause", grants Congress the constitutional authority for the management and control of all territories or other property owned by the United States. COUNTY CLERK. Sec. (g) Except as provided by Subsection (i) of this section, this section does not limit the power of the legislature to reapportion the judicial districts of the state, to increase the number of judicial districts, or to provide for consequent matters on reapportionment. (TEMPORARY TRANSITION PROVISION for Sec. (Feb. 15, 1876. CREATION AND FUNDING OF HOSPITAL DISTRICT IN COUNTY COMMISSIONERS PRECINCT NO. (b) The Legislature may by law permit the County of Potter (in which the City of Amarillo is partially located) to render financial aid to that district by paying a part of the expenses of operating and maintaining the system and paying a part of the debts of the district (whether assumed or created by the district) and may authorize the levy of a tax not to exceed Ten Cents (10) per One Hundred Dollars ($100.00) valuation (in addition to other taxes permitted by this Constitution) upon all property within the county but without the City of Amarillo at the time such levy is made for such purposes. 18: See Appendix, Note 3.). Provided, that the decision of said courts shall be conclusive on all questions of fact brought before them on appeal or error. Amended Nov. 2, 1954, and Nov. 2, 1993.). When any part of a county is stricken off and attached to, or created into another county, the part stricken off shall be holden for and obliged to pay its proportion of all the liabilities then existing, of the county from which it was taken, in such manner as may be prescribed by law. Find out from TexPlainer at the Texas Tribune. 13. License: 2022, Texas Higher Education Coordinating Board, The Texas State Constitution and the American Federal System, Introduction to Texas History and Politics, The Executive Department and the Office of the Governor of Texas, Voting and Political Participation in Texas, Introduction: The Texas State Constitution and the American Federal System, The Evolution of the Texas State Constitution, Federal Constitution of the United Mexican States (1824), Constitution Of Coahuila And Texas (1827), Constitution of the Republic of Texas (1836), The 1870s: The Constitutional Convention of 1875. 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. 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. The County Court shall hold at least four terms for both civil and criminal business annually, as may be provided by the Legislature, or by the Commissioners Court of the county under authority of law, and such other terms each year as may be fixed by the Commissioners Court; provided, the Commissioners Court of any county having fixed the times and number of terms of the County Court, shall not change the same again until the expiration of one year. (1) and (2) amended Nov. 6, 2001; Subsecs. (b) Each district judge shall be elected by the qualified voters at a General Election. The Supreme Court has held that it is not compulsory for the fugitive to have fled after an indictment was issued, but only that the fugitive fled after having committed the crime. James Wilson of Pennsylvania objected, stating it would require that state governments enforce slavery at taxpayers' expense. 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. (11) The Supreme Court shall by rule provide for the procedure before the Commission, Masters, review tribunal, and the Supreme Court. Pa. 1823), the federal circuit court held that privileges and immunities in respect of which discrimination is barred include. Amended Nov. 2, 1954; Subsecs. Any county now existing may be reduced to an area of not less than seven hundred square miles by a like two-thirds vote. The bonds may not be issued or such tax be levied until approved by such voters. 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. Why is the Texas Constitution So Dang Long? TERM OF OFFICE OF JUDGES OF COUNTY-WIDE COURTS AND OF CRIMINAL DISTRICT ATTORNEYS. (a) The Judicial Districts Board is created to reapportion the judicial districts authorized by Article V, Section 7, of this constitution. (a) The Legislature may by law authorize the creation of a Hospital District to be co-extensive with the limits of County Commissioners Precinct No. License: CC BY: Attribution. A Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule. With a majority vote, the amendment is ratified. USA.gov, The U.S. National Archives and Records Administration 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. 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. 8. [7] It would later be applied with regard to the formation of Maine (from Massachusetts) and West Virginia (from Virginia). Sec. 13. 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. COUNTY-WIDE HOSPITAL DISTRICTS IN CERTAIN LARGE COUNTIES. Texas Democrats gained control of Congress in 1873 and decided it was time to draft a new constitution for Texas. 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. -any person deemed mentally incompetent by the courts. (b) amended Nov. 2, 2021.) 18. Bicameral legislature with a House of Representatives and a Senate. (2) and (5) amended Nov. 8, 2005; Subsec. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. 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. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? 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. (Feb. 15, 1876. (2) No part of any existing county shall be detached from it and attached to another existing county until the proposition for such change shall have been submitted, in such manner as may be provided by law, to a vote of the voters of both counties, and shall have received a majority of those voting on the question in each. (e) The office of Constable is abolished in Mills County, Reagan County, and Roberts County. Congress may regulate the manner in which proof of such acts, records or proceedings may be admitted. (5) reside in the district during the judge's term of office. The Legislature shall provide for the payment of the necessary expense for the operation of the Commission. What happens to the standard deviation of return for a portfolio if we increase GRAND AND PETIT JURIES IN DISTRICT COURTS: COMPOSITION AND VERDICT. Sec. Therefore, under the Territorial clause, Congress had the power to determine which parts of the Constitution applied to the territories. The elections must be held on the same day if more than one county is included. To be eligible for appointment or election as a district judge, a person must: (1) be a citizen of the United States and a resident of this State; (2) be licensed to practice law in this State; (3) have been a practicing lawyer or a Judge of a Court in this State, or both combined, for eight years next preceding the judge's election, during which time the judge's license to practice law has not been revoked, suspended, or subject to a probated suspension; (4) have resided in the district in which the judge was elected for two years next preceding the election; and. Article 4 of the Texas constitution creates a plural executive, specifying_______distinct offices in the executive branch. The Guarantee Clause mandates that all U.S. states must be grounded in republican principles such as the consent of the governed. 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. What were the goals of the authors of the present Texas Constitution? If you would like to locate a library book, access the library catalog. However, the Commission may issue a public statement through its executive director or its Chairman at any time during any of its proceedings under this Section when sources other than the Commission cause notoriety concerning a Judge or the Commission itself and the Commission determines that the best interests of a Judge or of the public will be served by issuing the statement. Additionally, as it required the ratification of only nine states in order to become established, rather than the unanimous consent required by the Articles of Confederation, the Constitution was more republican, as it protected the majority from effectively being ruled or held captive by the minority. 6: See Appendix, Note 1.). The Legislature may also provide for the dissolution of hospital districts provided that a process is afforded by statute for: (1) determining the desire of a majority of the qualified voters within the district to dissolve it; (2) disposing of or transferring the assets, if any, of the district; and. 32. In addition, the constitutional provisions found on this website comply with the Uniform Electronic Legal Material Act (UELMA) and are current through the amendments approved by voters in May 2022. 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. (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. Sec. 16. [] and [the United States] shall protect each of them [the States] against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. (TEMPORARY TRANSITION PROVISION for 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. The Full Faith and Credit Clause requires states to extend "full faith and credit" to the public acts, records and court proceedings of other states. 7: See Appendix, Note 4.). 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. (a), (c), and (e) amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. Before admission to the Union, Texas, as an independent nation, controlled water within three miles of the coast, the normal limit for nations. In 1912, Luther was reaffirmed in Pacific States Telephone and Telegraph Co. v. In the event of such acquisition, if there are any general obligation bonds that the owner of the publicly owned airport facility has outstanding, the same shall be fully assumed by the Authority and sufficient taxes levied by the Authority to discharge said outstanding indebtedness. JUDGES TO BE CONSERVATORS OF THE PEACE; INDICTMENTS AND INFORMATION. The Framers added a process for amending, or changing, the Constitution in Article V. Since 1789, the United States has added 27 amendments to the Constitution. OFFICERS CONSTITUTING EXECUTIVE DEPARTMENT. The Supreme Court, after considering the record of such appearance and the recommendation of the Commission, may suspend the person from office with or without pay, pending final disposition of the charge. Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, Nov. 4, 1980, and Nov. 6, 2001.) 7a. The Legislature may provide for the election of District Attorneys in such districts, as may be deemed necessary, and make provision for the compensation of District Attorneys and County Attorneys. Each Court of Appeals shall designate one of its members for inclusion in the list from which the selection is made. CREATION AND MODIFICATION OF COUNTIES. Amended Aug. 11, 1891, Nov. 6, 1973, and Nov. 5, 1985.). Sec. When a judge of the District Court is disqualified by any of the causes above stated, the parties may, by consent, appoint a proper person to try said case; or upon their failing to do so, a competent person may be appointed to try the same in the county where it is pending, in such manner as may be prescribed by law. Sec. Sec. (TEMPORARY TRANSITION PROVISION for Sec. (c) A majority of the total membership of the board constitutes a quorum for the transaction of business. The seeming ambiguity of the clause has given rise to a number of different interpretations. (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. APPEAL BY STATE IN CRIMINAL CASES. (c) Said Justices shall be elected (three of them each two years) by the qualified voters of the state at a general election; shall hold their offices six years; and shall each receive such compensation as shall be provided by law. The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. It also details the mechanism by which new states are permitted to enter the nation and the federal government's obligation to maintain law and order in the event of an "invasion" or other breakdown of a peaceful union. Sec. 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 Texas Constitution maintained on this website is the official text of the constitution. 15. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN CITY OF AMARILLO, WICHITA COUNTY, AND JEFFERSON COUNTY. 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. Please take our patron satisfaction survey! VACANCY IN JUDICIAL OFFICE. (Feb. 15, 1876. 5: See Appendix, Note 1. The Presiding Judge, under rules established by the court, shall convene the court en banc for the transaction of all other business and may convene the court en banc for the purpose of hearing cases. (1)-(13) amended Nov. 2, 1965; Subsecs. Any person holding an office named in Paragraph A of this subsection who is eligible for retirement benefits under the laws of this state providing for judicial retirement may be involuntarily retired, and any person holding an office named in that paragraph who is not eligible for retirement benefits under such laws may be removed from office, for disability seriously interfering with the performance of his duties, which is, or is likely to become, permanent in nature. (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 judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided by law. 4: See Appendix, Note 3.). the number of securities in the portfolio? (Added Nov. 6, 2001.) (TEMPORARY PROVISION for Sec. 4 of Comanche County. Salary. (f) Any city which owns airport facilities not serving certificated airlines which are not purchased or acquired or taken over as herein provided by such Authority shall have the power to operate the same under the existing laws or as the same may hereafter be amended. If the Judicial Districts Board fails to make a statewide apportionment by that date, the Legislative Redistricting Board established by Article III, Section 28, of this constitution shall make a statewide reapportionment of the judicial districts not later than the 150th day after the final day for the Judicial Districts Board to make the reapportionment. JUDICIAL DISTRICTS; DISTRICT JUDGES; TERMS OR SESSIONS; ABSENCE, DISABILITY, OR DISQUALIFICATION OF DISTRICT JUDGE. State from which they flee at taxpayers ' expense was winding article 4 of the texas constitution creates quizlet number... 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