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. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. JUDGES TO BE CONSERVATORS OF THE PEACE; INDICTMENTS AND INFORMATION. Under the current Texas Constitution, there are ___ members in the Senate and ___ members in the House. (TEMPORARY PROVISION for Sec. As written in 1876, who had full citizenship rights under the Constitution of Texas? (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. Justices of the peace shall be ex officio notaries public. (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. (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. [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. 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. When the judge of the County Court is disqualified in any case pending in the County Court the parties interested 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. 29: See Appendix, Note 3.). (2) prescribe a reasonable period, which may not exceed 45 days, after the provision of that notice during which the court may not enter a judgment holding the statute unconstitutional. The United States shall guarantee to every State in this Union a Republican Form of Government, []. (g) (Redesignated as Subsec. (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. The board shall complete its work on the reapportionment and file its order with the secretary of state not later than August 31 of the same year. Hi, it looks like JavaScript has been disabled in your browser. The concurrence of a majority of the judges sitting in a section is necessary to decide a case. 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. Sec. The Supreme Court has held that this clause prevents states from reopening cases which have been conclusively decided by the courts of another state. COUNTY CLERK. 24. The first ten amendments to the Constitution became known as the Bill of Rights. SUPREME COURT AND COURT OF CRIMINAL APPEALS: LOCATION AND TERM. Sec. JUDICIAL DISTRICTS BOARD; REAPPORTIONMENT OF JUDICIAL DISTRICTS. Sec. (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. Amended Aug. 11, 1891, Aug. 25, 1945, Nov. 4, 1980, and Nov. 6, 2001; Subsec. 20. 3-c. 2. 5b. (Added Nov. 2, 1954; amended Nov. 2, 1999.) 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. Within 90 days after the date on which the record is filed with the review tribunal, it shall order public censure, retirement or removal, as it finds just and proper, or wholly reject the recommendation. 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. ), (TEMPORARY TRANSITION PROVISION for Sec. (TEMPORARY TRANSITION PROVISION for Sec. 2: See Appendix, Note 3.). Sec. It also empowers Congress to admit new states and administer the territories and other federal lands . 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. When convened en banc, five Judges shall constitute a quorum and the concurrence of five Judges shall be necessary for a decision. Sec. (TEMPORARY TRANSITION PROVISION for Sec. Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, Nov. 4, 1980, and Nov. 6, 2001.) Sec. PARTICIPATION OF MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS IN ESTABLISHMENT AND OPERATION OF MENTAL HEALTH, MENTAL RETARDATION, OR PUBLIC HEALTH SERVICES. At the time, the Rhode Island constitution was the old royal charter established in the 17th century. A Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule. ), (TEMPORARY TRANSITION PROVISIONS for Sec. (13-a) added Nov. 2, 2021.) The current constitution is the seventh in Texas history. They seized the opportunity to undo the hated 1869 acts. Neither of these theories has been endorsed by the Supreme Court, which has held that the clause means that a state may not discriminate against citizens of other states in favor of its own citizens. Sec. 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. 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. (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. 30. The court found that out-of-state judgments are subject to the procedural law of the states where they are enforced, notwithstanding any priority accorded in the states in which they are issued. Why is the Texas Constitution So Dang Long? And it was final. 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. 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. 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. 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. Since the establishment of the United States in 1776, the number of states has expanded from the original 13 to 50. Pa. 1823), the federal circuit court held that privileges and immunities in respect of which discrimination is barred include. CLERK OF DISTRICT COURT. (Feb. 15, 1876. 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. 1-a. 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. 16. 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. (e) Unless the legislature enacts a statewide reapportionment of the judicial districts following each federal decennial census, the board shall convene not later than the first Monday of June of the third year following the year in which the federal decennial census is taken to make a statewide reapportionment of the districts. Article IV Section 1, creates several offices in the officers of the Executive Department (except Secretary of State) 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. Justify your answer. Amended Nov. 2, 1954, and Nov. 2, 1993.). Sec. (TEMPORARY TRANSITION PROVISION for Sec. (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. Sec. "The Rule of Law and the States: A New Interpretation of the Guarantee Clause. Texas voters later decide whether to adopt the proposed amendments. JURISDICTION OF COURT OF CRIMINAL APPEALS. 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 cent (75) tax. Known as the Constitution of 1869, the document remained controversial and the more radical provisions were not accepted by a large number of Texans. QUESTIONS OF STATE LAW CERTIFIED FROM FEDERAL APPELLATE COURT. The Legislature shall provide for transfer of title to properties to the district. 10. Registered voters vote on approval. 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. For more information about UELMA, please see the council . Amended Nov. 2, 1999.) 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. A republican form of government is distinguished from a direct democracy, which the Founding Fathers had no intentions of entering. (h) An additional county or counties may be added to an existing Authority if a petition of five per cent (5%) of the qualified voters is filed with and an election is called by the Commissioners Court of the county or counties seeking admission to an Authority. (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. In other words, there is no one government official who is solely responsible for the Texas Executive Branch. 11. Plan Your Visit to the National Archives Museum, Browse Revolutionary Era Classroom Activities. Amended Nov. 2, 1954; Subsecs. The Admissions Clause grants Congress the authority to admit new states, but forbids the creation of new states from parts of existing states without the consent of the affected states. EXECUTIVE DEPARTMENT Sec. Which idea is contained in both the US and Texas Constitutions? (Added Nov. 6, 2001.) Article IV of the U.S. Constitution is a relatively uncontroversial section that establishes the relationship between states and their disparate laws. (a) The Supreme Court is responsible for the efficient administration of the judicial branch and shall promulgate rules of administration not inconsistent with the laws of the state as may be necessary for the efficient and uniform administration of justice in the various courts. Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4, 1980, and Nov. 5, 1985.). 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. 4 OF COMANCHE COUNTY. 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. 1-A. The practice and procedures relating to the use of indictments and informations, including their contents, amendment, sufficiency, and requisites, are as provided by law. (5) during the time required by Subdivision (4) of this subsection has not had the person's license to practice law revoked, suspended, or subject to a probated suspension. (a) amended Nov. 2, 1999.) This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. Provided, that the decision of said courts shall be conclusive on all questions of fact brought before them on appeal or error. [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. The court upheld Georgia's refusal to enforce the South Carolina judgment. JURISDICTION OF DISTRICT COURTS. REMOVAL OF COUNTY OFFICERS. Lieutenant Governor of Texas. Its jurisdiction shall be coextensive with the limits of the State and its determinations shall be final except in criminal law matters. Sec. What were the goals of the authors of the present Texas Constitution? The Presiding Judge and the Judges shall be elected by the qualified voters of the state at a general election and shall hold their offices for a term of six years. In addition, the Court of Criminal Appeals may, on its own motion, review a decision of a Court of Appeals in a criminal case as provided by law. 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. 12. The exact scope of this clause has long been a matter of debate. 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. 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. 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 coextensive 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. VACANCY IN JUDICIAL OFFICE. 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. (f) Nov. 6, 2001; Subsec. The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" (Article I, section 2) and "the Senate shall have the sole Power to try all Impeachments [but] no person shall be convicted without the Concurrence of two-thirds of the Members present" (Article I, section 3).The president, vice president, and all civil officers of the United . Upon an order for involuntary retirement for disability or an order for removal, the office in question shall become vacant. No county shall have less than one (1) member on the Board of Directors. 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. What role do you feel Hyundai's 10-year, 100,000 -mile warranty played in its turnaround? 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. 27: See Appendix, Note 3.). Said courts shall have such other jurisdiction, original and appellate, as may be prescribed 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. 13. (a) amended Nov. 5, 1985, Nov. 3, 1987, and Nov. 7, 1995; Subsecs. Sec. These rulings have helped shape public opinion among Puerto Ricans during the ongoing debate over the commonwealth's political status. The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. The Privileges and Immunities Clause requires interstate protection of "privileges and immunities," preventing each state from treating citizens of other states in a discriminatory manner. 14: see Appendix, Note 3.). The powers, duties, and records of the office are transferred to the County Sheriff. (b) The membership of the board consists of the Chief Justice of the Texas Supreme Court who serves as chairman, the presiding judge of the Texas Court of Criminal Appeals, the presiding judge of each of the administrative judicial districts of the state, the president of the Texas Judicial Council, and one person who is licensed to practice law in this state appointed by the governor with the advice and consent of the senate for a term of four years. Voter turnout for the constitutional amendment elections could be improved if: they were held at the same time as presidential elections. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. Amended Nov. 6, 2001, and Sept. 13, 2003.) 21. 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. (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. Texas voters later decide whether to adopt the proposed amendments. Should the Legislature enact legislation in anticipation of the adoption of this amendment, such legislation shall not be invalid by reason of its anticipatory character. 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. 3. A quorum shall consist of seven (7) members. (13-a) The Commission may accept complaints or reports, conduct investigations, and take any other action authorized by this section with respect to a candidate for an office named in Subsection (6)(A) of this section in the same manner the Commission is authorized to take those actions with respect to a person holding that office. Which clause of the US Constitution states that the Constitution and laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state? 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. 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. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. (TEMPORARY TRANSITION PROVISION for Sec. When the Supreme Court, the Court of Criminal Appeals, the Court of Appeals, or any member of any of those courts shall be thus disqualified to hear and determine any case or cases in said court, the same shall be certified to the Governor of the State, who shall immediately commission the requisite number of persons learned in the law for the trial and determination of such cause or causes. (Feb. 15, 1876. 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. The Constitution provides for the extradition of fugitives who have committed "treason, felony or other crime." 18. 9A. (TEMPORARY TRANSITION PROVISION for Sec. The state legislature can propose amendments to the constitution. Article 4 of the Texas Constitution describes the executive department (branch) of Texas. 2: See Appendix, Note 1.). (5) reside in the district during the judge's term of office. This disqualification of judges of inferior tribunals shall be remedied and vacancies in their offices filled as may be prescribed by law. 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. COUNTY FACILITIES FOR INDIGENT INHABITANTS. 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. 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. (1)-(13) amended Nov. 2, 1965; Subsecs. (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. GRAND AND PETIT JURIES IN DISTRICT COURTS: COMPOSITION AND VERDICT. There are, however, several places within it where the principles behind the concept are articulated. 9. (TEMPORARY TRANSITION PROVISION for Sec. Sec. If you have any trouble with our navigation menu, we recommend you use our site map for navigation. 11. IX, Nov. 6, 2001.) 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. 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 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. The Legislature shall provide for transfer of title to properties to the district. Please take our patron satisfaction survey! (a) The Court of Criminal Appeals shall consist of eight Judges and one Presiding Judge. 23. b. (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. Anna M. Tinsley. (c) All constitutional and statutory references to the Courts of Civil Appeals shall be construed to mean the Courts of Appeals. The federal government owns about twenty-eight percent of the land in the United States. 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]. gov.texas.gov. Sec. (e) The office of Constable is abolished in Mills County, Reagan County, and Roberts County. Reside in the 17th century are transferred to the district public HEALTH.... 4, 1980, and Sept. 13, 2003. ) your.. Federal government owns about twenty-eight percent of the United States shall guarantee to every state in this Union a Form. The executive branch other state ___ distinct offices in the executive department ( branch ) of Texas crime. guarantee... Like JavaScript has been disabled in your browser Georgia 's refusal to enforce the South Carolina.... Whether to adopt the proposed amendments member on the Board of Directors: COMPOSITION and VERDICT 17th century )! From the original 13 to 50 as may be prescribed by law ) reside in the century. Article makes a personal income tax government official who is solely responsible for the extradition fugitives... And their disparate laws County, Reagan County, and records of PEACE. 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