(Feb. 15, 1876. 18: See Appendix, Note 3.). Sec. Amended Aug. 11, 1891, and Nov. 6, 2001.) 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." 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. Butler withdrew the clause. 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. (Added Nov. 4, 1958; Subsecs. Registered voters vote on approval. 1-A. 1-a. (Feb. 15, 1876. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN CITY OF AMARILLO, WICHITA COUNTY, AND JEFFERSON COUNTY. (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. 1-86-NARA-NARA or 1-866-272-6272, Browse Teaching Resources for the Revolutionary Era. Sec. 11. In a series of opinions by the Supreme Court of the United States, referred to as the Insular Cases, the Court ruled that the territories belonged to, but were not part of the United States. 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. Sec. These rulings have helped shape public opinion among Puerto Ricans during the ongoing debate over the commonwealth's political status. 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. 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. (e) The Legislature shall also provide for the holding of District Court when the Judge thereof is absent, or is from any cause disabled or disqualified from presiding. Sec. 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. This tax is in addition to any other tax authorized by this constitution. 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. The Supreme Court and the Justices thereof shall have power to issue writs of habeas corpus, as may be prescribed by law, and under such regulations as may be prescribed by law, the said courts and the Justices thereof may issue the writs of mandamus, procedendo, certiorari and such other writs, as may be necessary to enforce its jurisdiction. [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]. (14) The Legislature may promulgate laws in furtherance of this Section that are not inconsistent with its provisions. (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. (a) amended Nov. 5, 1985, Nov. 3, 1987, and Nov. 7, 1995; Subsecs. Amended Nov. 2, 1999.) No Person held to Service or Labour 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 Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. Amended Aug. 11, 1891, Nov. 4, 1958, and Nov. 6, 2001.) The Supreme Court has held that the Constitution requires all states to be admitted on an equal footing, though the Admissions Clause does not expressly include this requirement. The doctrine, however, can also be applied to the detriment of states, as occurred with Texas. ___ that was previously declared dormant." Sec. [7] It would later be applied with regard to the formation of Maine (from Massachusetts) and West Virginia (from Virginia). 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. Amended Nov. 2, 1954, and Nov. 2, 1999.) 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. If the district hereinabove authorized is finally created, no other hospital district may be created embracing any part of the territory within its boundaries, but the Legislature by law may authorize the creation of a hospital district incorporating therein the remainder of Jefferson County, having the powers and duties and with the limitations presently provided by Article IX, Section 4, of the Constitution of Texas. 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. If an office of constable is declared dormant, the office may not be filled by election or appointment and the previous officeholder does not continue to hold the office under Subsection (a) of this section or Section 17, Article XVI, of this constitution. HOSPITAL DISTRICTS IN COUNTIES WITH POPULATION OF 75,000 OR LESS. For more information about UELMA, please see the council . In 1864, during the Civil War, an effort to repeal this clause of the Constitution failed. (TEMPORARY TRANSITION PROVISIONS for Sec. 13: See Appendix, Note 3.). Voter turnout for the constitutional amendment elections could be improved if: they were held at the same time as presidential elections. B. Can you connect this to postpurchase dissonance? 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. 5b. DIVISION OF COUNTIES INTO PRECINCTS; JUSTICES OF THE PEACE AND CONSTABLES; COUNTY COMMISSIONERS AND COUNTY COMMISSIONERS COURT. James Wilson of Pennsylvania objected, stating it would require that state governments enforce slavery at taxpayers' expense. (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. 3-c. 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. (a) The legislature shall prescribe by law the qualifications of grand jurors and petit jurors. The Fugitive Slave Clause requires the return of fugitive slaves; this clause has not been repealed, but it was rendered moot by the Thirteenth Amendment, which abolished slavery, except in the prison system. 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. In case of vacancy, the Judge of the District Court shall have the power to appoint a Clerk, who shall hold until the office can be filled by election. (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. Under the law relating to the removal of an active Justice or Judge, the Commission and the review tribunal may prohibit a retired or former Judge from holding judicial office in the future or from sitting on a court of this State by assignment. 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. Why is some risk not diversifiable? No judge shall sit in any case wherein the judge may be interested, or where either of the parties may be connected with the judge, either by affinity or consanguinity, within such a degree as may be prescribed by law, or when the judge shall have been counsel in the case. Please take our patron satisfaction survey! (h) Any judicial reapportionment order adopted by the board must be approved by a record vote of the majority of the membership of both the senate and house of representatives before such order can become effective and binding. 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 practice and procedures relating to the use of indictments and informations, including their contents, amendment, sufficiency, and requisites, are as provided by law. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. The federal government owns about twenty-eight percent of the land in the United States. REMOVAL OF COUNTY SEATS. [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. (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. Sec. In other words, there is no one government official who is solely responsible for the Texas Executive Branch. 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. JUROR QUALIFICATIONS. Texas voters later decide whether to adopt the proposed amendments. JUDICIAL DISTRICTS; DISTRICT JUDGES; TERMS OR SESSIONS; ABSENCE, DISABILITY, OR DISQUALIFICATION OF DISTRICT JUDGE. If you have any trouble with our navigation menu, we recommend you use our site map for navigation. 9. (5) reside in the district during the judge's term of office. (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. Texas Constitution Braden's Annotated Texas Constitution Guide to Historical Texas Constitutions. 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. 24. 14: See Appendix, Note 3. (TEMPORARY TRANSITION PROVISION for Sec. 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. To put restrictions on the power of government in the body of the document, making it difficult to change over time. Such rule shall provide the right of discovery of evidence to a Justice, Judge, Master, or Magistrate after formal proceedings are instituted and shall afford to any person holding an office or position specified in Subsection (6) of this Section, against whom a proceeding is instituted to cause his retirement or removal, due process of law for the procedure before the Commission, Masters, review tribunal, and the Supreme Court in the same manner that any person whose property rights are in jeopardy in an adjudicatory proceeding is entitled to due process of law, regardless of whether or not the interest of the person holding an office or position specified in Subsection (6) of this Section in remaining in active status is considered to be a right or a privilege. (f) In addition to the statewide reapportionment, the board may reapportion the judicial districts of the state as the necessity for reapportionment appears by redesignating, in one or more reapportionment orders, the county or counties that comprise the specific judicial districts affected by those reapportionment orders. 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 project includes digitized images and searchable text versions of the constitutions. 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. 18. It also empowers Congress to admit new states and administer the territories and other federal lands . 12. Sec. [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. (1) amended Nov. 6, 2007; Subsec. The County Commissioners so chosen, with the County Judge as presiding officer, shall compose the County Commissioners Court, which shall exercise such powers and jurisdiction over all county business, as is conferred by this Constitution and the laws of the State, or as may be hereafter prescribed. Known as the Constitution of 1869, the document remained controversial and the more radical provisions were not accepted by a large number of Texans. Pierce Butler and Charles Pinckney, both from South Carolina, submitted this clause to the Constitutional Convention. (TEMPORARY TRANSITION PROVISION for Sec. (b) The legislature shall enact laws to exclude from serving on juries persons who have been convicted of bribery, perjury, forgery, or other high crimes. (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 property of state regulated common carriers required by law to pay a tax upon intangible assets shall not be subject to taxation by the Authority. XVI, amended to redesignate as Sec. ), (TEMPORARY TRANSITION PROVISION for Sec. Article 4 of the Texas constitution creates a plural executive, specifying_______distinct offices in the executive branch. 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. New states may be admitted by the Congress into this union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress. 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 co-extensive 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. (Added Nov. 6, 2001.) Revision and Adaptation. (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. we recommend you use our site map for navigation, table of constitutional amendments since 1876, Please take our patron satisfaction survey. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. Amended Nov. 2, 1954; Subsecs. 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. October 8, 2018. Portion of the US Constitution regarding states, Article Four of the United States Constitution, Smith, Thomas A. It also forbids the creation of new states from parts of existing states without the consent of the affected states and Congress. An Airport Authority may be created and be composed of the county or counties that vote in favor of its creation if separate propositions are submitted to the voters of each county so that they may vote for a two or more county Authority or a single county Authority. TRIAL BY JURY IN CIVIL CASES. 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. Alabama is, therefore, entitled to the sovereignty and jurisdiction over all the territory within her limits to maintain any other doctrine, is to deny that Alabama has been admitted into the union on an equal footing with the original states to Alabama belong the navigable waters and soils under them. If you would like to locate a library book, access the library catalog. 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