(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. (Added Nov. 4, 1958; Subsecs. 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 shall provide for transfer of title to properties to the district. With a majority vote, the amendment is ratified. Congressional restrictions on the equality of states, even when those limitations have been found in the acts of admission, have been held void by the Supreme Court. 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. (a) The Legislature may by law authorize the creation of hospital districts in Ochiltree, Castro, Hansford and Hopkins Counties, each district to be coextensive with the limits of such county. (5)-(9) and (11)-(13) amended Nov. 3, 1970; Subsecs. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. This clause was added to the clause that provided extradition for fugitives from justice.[4]. (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. Later, Chief Justice John Marshall suggested that the judgment of one state court must be recognized by other states' courts as final. (Added Nov. 8, 1966; amended Nov. 2, 1999.) 28: See Appendix, Note 3.). [11], When, therefore, Texas became one of the United States, she entered into an indissoluble relation. e. 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 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. The Constitution provides for the extradition of fugitives who have committed "treason, felony or other crime." 11: See Appendix, Note 3.). (b) The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals. (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. 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. COUNTY COURT; COUNTY JUDGE. Amended Nov. 2, 1999.) Provided, however, that no district shall be created by special law except after thirty (30) days' public notice to the district affected, and in no event may the Legislature provide for a district to be created without the affirmative vote of a majority of the qualified voters in the district concerned. (d) added Nov. 4, 1997.). And it was final. 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. (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. By the end of this section, you will be able to: This section discussesthe Constitution of 1876s role in Texas. (Feb. 15, 1876. REMOVAL OF COUNTY OFFICERS. (2), (5)-(10), and (12) amended Nov. 8, 1977; Subsecs. COURTS OF APPEALS; JUSTICES; JURISDICTION. Sec. Known as the Constitution of 1869, the document remained controversial and the more radical provisions were not accepted by a large number of Texans. The court upheld Georgia's refusal to enforce the South Carolina judgment. (Feb. 15, 1876. The Governor of Texas heads the state government of Texas. 9B. Sec. 14: see Appendix, Note 3.). 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. 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. The review tribunal, in an order for involuntary retirement for disability or an order for removal, may prohibit such person from holding judicial office in the future. Therefore, under the Territorial clause, Congress had the power to determine which parts of the Constitution applied to the territories. JUDICIAL DISTRICTS; DISTRICT JUDGES; TERMS OR SESSIONS; ABSENCE, DISABILITY, OR DISQUALIFICATION OF DISTRICT JUDGE. Who were the framers of the Constitution? Sec. This tax is in addition to any other tax authorized by this constitution. (d) The reapportionment powers of the board shall be exercised in the interims between regular sessions of the legislature, except that a reapportionment may not be ordered by the board during an interim immediately following a regular session of the legislature in which a valid and subsisting statewide apportionment of judicial districts is enacted by the legislature. (a) The Supreme Court shall exercise the judicial power of the state except as otherwise provided in this Constitution. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. (c) The Legislature shall provide for the holding of an election in each county proposing the creation of an Authority to be called by the Commissioners Court or Commissioners Courts, as the case may be, upon petition of five per cent (5%) of the qualified voters within the county or counties. Except where otherwise noted, content on this site is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License. XVI, amended to redesignate as Sec. The federal government owns about twenty-eight percent of the land in the United States. 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. The motives of the governor demanding the extradition may not be questioned. 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. Find out from TexPlainer at the Texas Tribune. (8) After such investigation as it deems necessary, the Commission may in its discretion issue a private or public admonition, warning, reprimand, or requirement that the person obtain additional training or education, or if the Commission determines that the situation merits such action, it may institute formal proceedings and order a formal hearing to be held before it concerning a person holding an office or position specified in Subsection (6) of this Section, or it may in its discretion request the Supreme Court to appoint an active or retired District Judge or Justice of a Court of Appeals, or retired Judge or Justice of the Court of Criminal Appeals or the Supreme Court, as a Master to hear and take evidence in the matter, and to report thereon to the Commission. The bonds may not be issued or such tax be levied until approved by such voters. Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.). Why is the Texas Constitution So Dang Long? The adoption of a reapportionment order requires a majority vote of the total membership of the board. 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. Amended Nov. 5, 1985, and Nov. 6, 2001.) 1-86-NARA-NARA or 1-866-272-6272, Browse Teaching Resources for the Revolutionary Era. Texas State Library and Archives Commission.The 1870s: The Constitutional Convention of 1875, Revision and Adaptation. The case prohibited the entering upon the public lands of the United States and removing wild burros under the New Mexico Estray Law.[16]. 5. 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. 21. (Added Nov. 2, 1954; amended Nov. 2, 1999.) 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. 12. SHERIFFS. [7] It would later be applied with regard to the formation of Maine (from Massachusetts) and West Virginia (from Virginia). [20] In Pacific States, a utility company challenged an Oregon tax law passed by a referendum, as opposed to the ordinary legislative process. Sec. It also empowers Congress to admit new states and administer the territories and other federal lands. 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. District Court judges shall have the power to issue writs necessary to enforce their jurisdiction. (c) The Legislature may by law authorize the creation of a hospital district within Jefferson County, the boundaries of which shall include only the area comprising the Jefferson County Drainage District No. c. Why is some risk diversifiable? (b) An indictment is a written instrument presented to a court by a grand jury charging a person with the commission of an offense. COUNTY CLERK. 9A. Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, Nov. 4, 1980, and Nov. 6, 2001.) The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. A system of checks and balances prevents any one of these . 4. SUPREME COURT; JUSTICES. (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. The Guarantee Clause mandates that all U.S. states must be grounded in republican principles such as the consent of the governed. However, the accused may prevent extradition by offering clear evidence that he was not in the state he allegedly fled from at the time of the crime. 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. 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. Clause One of Section 2 requires interstate protection of "privileges and immunities". 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. 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 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. (Feb. 15, 1876. By the 1840s, only 40% of the state's free white males were enfranchised. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? The Legislature may authorize the governing body of any county bordering on the Gulf of Mexico or the tidewater limits thereof to regulate and restrict the speed, parking and travel of motor vehicles on beaches available to the public by virtue of public right and the littering of such beaches. In the trial of all causes in the district courts, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury; but no jury shall be empaneled in any civil case unless demanded by a party to the case, and a jury fee be paid by the party demanding a jury, for such sum, and with such exceptions as may be prescribed by the Legislature. The Texas Constitution does not contain a "necessary and proper clause" like the U.S. Constitution, therefore making it the second-longest state constitution in America (2nd only to Alabama's). 16. Texas utilizes a plural executive which means the power of the Governor is limited and distributed amongst other government officials.In other words, there is not one government official in Texas that is solely responsible for the Texas Executive Branch. If such district or districts are created, they may be authorized to levy a tax not to exceed Seventy-five Cents (75) on the One Hundred Dollars ($100.00) 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 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. JUDICIAL DISTRICTS BOARD; REAPPORTIONMENT OF JUDICIAL DISTRICTS. (Feb. 15, 1876. CREATION, OPERATION, AND DISSOLUTION OF HOSPITAL DISTRICTS. 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