Sec. (1) and (2) amended Nov. 6, 2001; Subsecs. Notes of Debates in the Federal Convention of 1787, https://en.wikipedia.org/w/index.php?title=Article_Four_of_the_United_States_Constitution&oldid=1142197942, Articles of the United States Constitution, Articles with dead external links from January 2023, Articles with permanently dead external links, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 1 March 2023, at 01:36. 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. Salary. Sec. The maximum tax rate submitted shall be sufficient to discharge such 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 Cents (75) tax. 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. (Feb. 15, 1876. 9. (TEMPORARY TRANSITION PROVISION for Sec. Lieutenant Governor of Texas. As free states sought to undermine the federal law, the even more severe Fugitive Slave Act of 1850 was enacted. Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law. No county shall have less than one (1) member on the Board of Directors. (Feb. 15, 1876. Article 4 of the Texas Constitution describes the executive department (branch) of Texas. (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. (2) The State Commission on Judicial Conduct consists of thirteen (13) members, to wit: (i) one (1) Justice of a Court of Appeals; (ii) one (1) District Judge; (iii) two (2) members of the State Bar, who have respectively practiced as such for over ten (10) consecutive years next preceding their selection; (iv) five (5) citizens, at least thirty (30) years of age, not licensed to practice law nor holding any salaried public office or employment; (v) one (1) Justice of the Peace; (vi) one (1) Judge of a Municipal Court; (vii) one (1) Judge of a County Court at Law; and (viii) one (1) Judge of a Constitutional County Court; provided that no person shall be or remain a member of the Commission, who does not maintain physical residence within this State, or who shall have ceased to retain the qualifications above specified for that person's respective class of membership, and provided that a Commissioner of class (i), (ii), (iii), (vii), or (viii) may not reside or hold a judgeship in the same court of appeals district as another member of the Commission. 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. Upon an order for involuntary retirement for disability or an order for removal, the office in question shall become vacant. As James Madison wrote in Federalist No. 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. 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. Bicameral legislature with a House of Representatives and a Senate. 5. 6: See Appendix, Note 1.). 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. 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. (2000). (b) No person shall be eligible to serve in the office of Chief Justice or Justice of the Supreme Court unless the person: (1) is licensed to practice law in the State of Texas; (2) is, at the time of election, a citizen of the United States and a resident of the State of Texas; (3) has attained the age of thirty-five years; (A) a practicing lawyer licensed in the State of Texas for at least ten years; or, (B) a practicing lawyer licensed in the State of Texas and judge of a state court or county court established by the Legislature by statute for a combined total of at least ten years; and. (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. The Court of Appeals may sit in sections as authorized by law. [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]. In another case, Kleppe v. New Mexico, the Court ruled that the federal Wild Horse and Burro Act was a constitutional exercise of congressional power under the Property Clause at least insofar as it was applied to a finding of trespass. 17: See Appendix, Note 3.). [7] With the growth of states' rights advocacy during the antebellum period, the Supreme Court asserted, in Lessee of Pollard v. Hagan (1845),[9] that the Constitution mandated admission of new states on the basis of equality.[10]. This tax is in addition to any other tax authorized by this constitution. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. Sec. The Legislature shall provide for the payment of the necessary expense for the operation of the Commission. (TEMPORARY TRANSITION PROVISIONS for Sec. (Former Sec. (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. The Court held. (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. (Added Nov. 6, 1962; amended Nov. 2, 1999.) The Radical Republican majority used this clause as the basis for taking control of the ex-Confederate states and for promoting civil rights for freedmen, plus the limiting of political and voting rights for ex-Confederates, abolishing the ex-Confederate state governments, setting guidelines for the readmission of the rebellious states into the Union. 1: See Appendix, Note 1.). Article IV Section 1, creates several offices in the officers of the Executive Department (except Secretary of State) Sec. 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. The rights of an incumbent so retired to retirement benefits shall be the same as if his retirement had been voluntary. QUESTIONS OF STATE LAW CERTIFIED FROM FEDERAL APPELLATE COURT. 2: See Appendix, Note 1.). Hi, it looks like JavaScript has been disabled in your browser. (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. (e) and (f) added Nov. 3, 1987; Subsecs. JURISDICTION OF DISTRICT COURTS. Sec. The adoption of a reapportionment order requires a majority vote of the total membership of the board. (Feb. 15, 1876. In effect, the court held the clause to be nonjusticiable. (4) Commissioners shall receive no compensation for their services as such. 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. 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. (Feb. 15, 1876. 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. 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. Sec. [21], The doctrine was later limited in Baker v. Carr (1962), which held that the lack of state legislative redistricting to be justiciable.[21]. 21. Congress may regulate the manner in which proof of such acts, records or proceedings may be admitted. 6 Article 8 of the Texas Constitution deals with taxation and revenue. (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. It was feared that the political power of future new western states would eventually overwhelm that of the established eastern states. The Supreme Court has held that this clause prevents states from reopening cases which have been conclusively decided by the courts of another state. At the time, the Rhode Island constitution was the old royal charter established in the 17th century. The current constitution took effect on February 15, 1876. Later, Chief Justice John Marshall suggested that the judgment of one state court must be recognized by other states' courts as final. The Luther v. Borden ruling left the responsibility to establish guidelines for the republican nature of state governments in the hands of the Congress. The Legislature shall provide for transfer of title to properties to the district. (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. (2), (6), and (8)-(12) amended and (14) added Nov. 6, 1984; Subsecs. In a panel of three Judges, two Judges shall constitute a quorum and the concurrence of two Judges shall be necessary for a decision. The County Court shall hold terms as provided by law. The County Court has jurisdiction as provided by law. The concurrence of a majority of the judges sitting in a section is necessary to decide a case. (TEMPORARY TRANSITION PROVISION for Sec. 9: See Appendix, Note 1.). A majority of such voters, however, voting at such election, may remove a county seat from a point more than five miles from the geographical centre of the county to a point within five miles of such centre, in either case the centre to be determined by a certificate from the Commissioner of the General Land Office. [2] Alleged fugitives generally may not challenge extradition proceedings. What is the principle of diversification? In Corfield the circuit court sustained a New Jersey law giving state residents the exclusive right to gather clams and oysters. Sec. District Attorneys shall hold office for a term of four years, and until their successors have qualified. (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. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN OCHILTREE, CASTRO, HANSFORD, AND HOPKINS COUNTIES. (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. The taxable property shall be assessed on a valuation not to exceed the market value and shall be equal and uniform throughout the Authority as is otherwise provided by the Constitution. The Master shall have all the power of a District Judge in the enforcement of orders pertaining to witnesses, evidence, and procedure. 3-c. RETIREMENT, COMPENSATION, DISCIPLINE, AND REMOVAL OF JUSTICES AND JUDGES; STATE COMMISSION ON JUDICIAL CONDUCT. 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. All rights reserved. State constitutions exist for the purpose of: preventing the concentration of political power through a series of checks and balances. 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. On this Wikipedia the language links are at the top of the page across from the article title. COUNTY COURTS: TERMS OF COURT; PROBATE BUSINESS. 4 of Comanche County, Texas. The district may provide hospital care, medical care, and other services authorized by the legislature. 17. Some contend that the clause requires Congress to treat all citizens equally. (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. Digital images of these are available through Texas Constitutions 1824-1876, a project of the Tarlton Law Library and the University of Texas at Austin's School of Law. 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. In such connection, the statute shall provide against disposal or transfer of the assets of the district except for due compensation unless such assets are transferred to another governmental agency, such as a county, embracing such district and using such transferred assets in such a way as to benefit citizens formerly within the district. Each Court of Appeals shall designate one of its members for inclusion in the list from which the selection is made. 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. The records of an office of constable declared dormant are transferred to the county clerk of the county. The Legislature may by general or special law provide for the creation, establishment, maintenance and operation of hospital districts composed of one or more counties or all or any part of one or more counties with power to issue bonds for the purchase, construction, acquisition, repair or renovation of buildings and improvements and equipping same, for hospital purposes; providing for the transfer to the hospital district of the title to any land, buildings, improvements and equipment located wholly within the district which may be jointly or separately owned by any city, town or county, providing that any district so created shall assume full responsibility for providing medical and hospital care for its needy inhabitants and assume the outstanding indebtedness incurred by cities, towns and counties for hospital purposes prior to the creation of the district, if same are located wholly within its boundaries, and a pro rata portion of such indebtedness based upon the then last approved tax assessment rolls of the included cities, towns and counties if less than all the territory thereof is included within the district boundaries; providing that after its creation no other municipality or political subdivision shall have the power to levy taxes or issue bonds or other obligations for hospital purposes or for providing medical care within the boundaries of the district; providing for the levy of annual taxes at a rate not to exceed seventy-five cents (75) on the One Hundred Dollar valuation of all taxable property within such district for the purpose of meeting the requirements of the district's bonds, the indebtedness assumed by it and its maintenance and operating expenses, providing that such district shall not be created or such tax authorized unless approved by a majority of the qualified voters thereof voting at an election called for the purpose; and providing further that the support and maintenance of the district's hospital system shall never become a charge against or obligation of the State of Texas nor shall any direct appropriation be made by the Legislature for the construction, maintenance or improvement of any of the facilities of such district. This provision was invoked by Colorado governor Elias M. Ammons in 1914 during the Colorado Coalfield War, as a result of which President Woodrow Wilson sent federal troops to the state.[22]. Since the 1987 case of Puerto Rico v. Branstad, federal courts may also use the Extradition Clause to require the extradition of fugitives. Find out from TexPlainer at the Texas Tribune. The current constitution is the seventh in Texas history. ARTICLE 4. (d) 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. (f) deleted, and Subsec. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, and Nov. 6, 2001.) Plan Your Visit to the National Archives Museum, Browse Revolutionary Era Classroom Activities. 5a: See Appendix, Note 3.). 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. 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. Sec. JUDICIAL DISTRICTS BOARD; REAPPORTIONMENT OF JUDICIAL DISTRICTS. $143,750 (2019) [1] Website. The motives of the governor demanding the extradition may not be questioned. Sec. Thus the Congress, utilizing the discretion allowed by the framers, adopted a policy of equal status for all newly admitted states. 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. The current constitution took effect on February 15, 1876. In Corfield v. Coryell, 6 F. Cas. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4, 1980, Nov. 5, 1985, and Nov. 6, 2001.) XVI, amended to redesignate as Sec. Copyright 2023 by the Texas State Law Library. The governor is the leader of the executive and legislative branch of the state government and is the commander in chief of the Texas Military. (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. Would this warranty be as important an evaluative criterion today as it was a decade ago? 19. The Texas Constitution maintained on this website is the official text of the constitution. By the end of this section, you will be able to: This section discussesthe Constitution of 1876s role in Texas. An information is a written instrument presented to a court by an attorney for the State charging a person with the commission of an offense. Amended Nov. 5, 1985, and Nov. 6, 2001.) 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 state constitution establishes the structure and purpose of the Texas government. Why is some risk not diversifiable? 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. Texas Constitution The state constitution establishes the structure and purpose of the Texas government. (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? To pass requirements made by the so-called Radical Republicans in the US Congress. The Property Clause grants Congress the power to make laws for the territories and other federal lands. The court shall have the power upon affidavit or otherwise to ascertain such matters of fact as may be necessary to the exercise of its jurisdiction. District Court judges shall have the power to issue writs necessary to enforce their jurisdiction. Texas utilizes a "plural executive" which means the power of the Governor are limited and distributed amongst other executive officials. 10, "Hence it is that such democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths.". It also forbids the creation of new states from parts of existing states without the consent of the affected states and Congress. COUNTY CLERK. 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. However, on the next day the clause was quietly reinstated and adopted by the Convention without objection. (6) A. An amendment is a change to the Constitution. Sec. Article 4 of the Texas constitution creates a plural executive, specifying_______distinct offices in the executive branch. 23. SUPREME COURT AND COURT OF CRIMINAL APPEALS: LOCATION AND TERM. Its appellate jurisdiction shall be final and shall extend to all cases except in criminal law matters and as otherwise provided in this Constitution or by law. 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. 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. Sec. 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. Amended Aug. 11, 1891, Nov. 4, 1958, and Nov. 6, 2001.) The legislature may delegate any of these powers to the board. 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. (e) and (f) added Nov. 7, 1995; Subsec. 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. 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. 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." 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