(TEMPORARY TRANSITION PROVISION for Sec. (TEMPORARY TRANSITION PROVISION for Sec. It shall annually select one of its members as Chairman. (TEMPORARY TRANSITION PROVISIONS for Sec. A major issue early in the 20th century was whether the whole Constitution applied to the territories called insular areas by Congress. Article Four also requires the United States to protect each state from invasion, and, at the request of a state, from "domestic violence.". The County Court has jurisdiction as provided by law. Sec. 13. Article IV of the U.S. Constitution is a relatively uncontroversial section that establishes the relationship between states and their disparate laws. (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. Article 4 of the Texas Constitution describes the executive department (branch) of Texas. (Feb. 15, 1876. A system of checks and balances prevents any one of these . (b) A vacancy in the office of County Judge or Justice of the Peace shall be filled by the Commissioners Court until the next succeeding General Election. (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. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? 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. No person held to service or labor 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 labor, but shall be delivered up on claim of the party to whom such service or labor may be due. Sec. (b) The Legislature shall provide for the option by the governing body of the city or cities whose airport facilities are served by certificated airlines and whose facility or some interest therein, is proposed to be or has been acquired by the Authority, to either appoint or elect a Board of Directors of said Authority. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. 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. [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]. 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. The current governor is Greg Abbott, who took office in 2015. 4 of Comanche County. (TEMPORARY TRANSITION PROVISION for Sec. 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. It was feared that the political power of future new western states would eventually overwhelm that of the established eastern states. (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. Anna M. Tinsley. 5: See Appendix, Note 3.). (b) The supreme court and the court of criminal appeals shall promulgate rules of procedure relating to the review of those questions. COUNTY COURTS: TERMS OF COURT; PROBATE BUSINESS. (a) The supreme court and the court of criminal appeals have jurisdiction to answer questions of state law certified from a federal appellate court. 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. The Legislature shall provide for transfer of title to properties to the district. The District Court shall have appellate jurisdiction and general supervisory control over the County Commissioners Court, with such exceptions and under such regulations as may be prescribed by law. 29: See Appendix, Note 3.). 4: See Appendix, Note 3.). (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. 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 Alabamas). Instead, by entering the Union, Texas was found to have surrendered control over the water and the soil under it to Congress. Sec. 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]. 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. License: CC BY: Attribution. (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. 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. 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. 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. They seized the opportunity to undo the hated 1869 acts. protection by the Government; the enjoyment of life and liberty the right of a citizen of one State to pass through, or to reside in any other State, for purposes of trade, agriculture, professional pursuits, or otherwise; to claim the benefits of the writ of habeas corpus; to institute and maintain actions of any kind in the courts of the State; to take, hold and dispose of property, either real or personal; and an exemption from higher taxes or impositions than are paid by the other citizens of the State. 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.". The Supreme Court, after considering the record of such appearance and the recommendation of the Commission, may suspend the person from office with or without pay, pending final disposition of the charge. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. (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. District Attorneys shall hold office for a term of four years, and until their successors have qualified. Sec. Which idea is contained in both the US and Texas Constitutions? (5) The Commission may hold its meetings, hearings and other proceedings at such times and places as it shall determine but shall meet at Austin at least once each year. 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. Salary. In Mills v. Duryee, 1t1 U.S. (7 Cranch) 481[permanent dead link] (1813), the United States Supreme Court ruled that the merits of a case, as settled by courts of one state, must be recognized by the courts of other states; state courts may not reopen cases which have been conclusively decided by the courts of another state. (TEMPORARY TRANSITION PROVISION for Sec. Sec. (TEMPORARY TRANSITION PROVISIONS for Sec. Sec. [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. (11) The Supreme Court shall by rule provide for the procedure before the Commission, Masters, review tribunal, and the Supreme Court. Bicameral legislature with a House of Representatives and a Senate. The Supreme Court has held that this clause prevents states from reopening cases which have been conclusively decided by the courts of another state. Amended Aug. 11, 1891, and Nov. 6, 2001.) Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.). 14: see Appendix, Note 3.). 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. GRAND AND PETIT JURIES IN DISTRICT COURTS: COMPOSITION AND VERDICT. If, after formal hearing, or after considering the record and report of a Master, the Commission finds good cause therefor, it shall issue an order of public admonition, warning, reprimand, censure, or requirement that the person holding an office or position specified in Subsection (6) of this Section obtain additional training or education, or it shall recommend to a review tribunal the removal or retirement, as the case may be, of the person and shall thereupon file with the tribunal the entire record before the Commission. 17: See Appendix, Note 3.). 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. HOSPITAL DISTRICTS: REGULATION OF HEALTH CARE SERVICES. Any county now existing may be reduced to an area of not less than seven hundred square miles by a like two-thirds vote. APPEAL BY STATE IN CRIMINAL CASES. Said courts shall have such other jurisdiction, original and appellate, as may be prescribed by law. The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the district and other inferior courts thereto. The Property Clause grants Congress the power to make laws for the territories and other federal lands. 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. The first ten amendments to the Constitution became known as the Bill of Rights. (TEMPORARY TRANSITION PROVISIONS for Sec. (Feb. 15, 1876. The Texas Constitution maintained on this website is the official text of the constitution. 4 of Comanche County, Texas. The records of an office of constable declared dormant are transferred to the county clerk of the county. 8, Art. A political crisis in 1840s Rhode Island, the Dorr Rebellion, forced the Supreme Court to rule on the meaning of this clause. 11. Mandates an "efficient" free public school system. (TEMPORARY TRANSITION PROVISIONS for Sec. Sec. 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. Amended Nov. 2, 1954, and Nov. 2, 1993.). (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. ). (Added Nov. 2, 1954; amended Nov. 2, 1999.) Sec. 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. (Feb. 15, 1876. (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. The court must sit en banc during proceedings involving capital punishment and other cases as required by law. Texas voters later decide whether to adopt the proposed amendments. The Full Faith and Credit Clause requires states . Amended Nov. 2, 1999.) RETIREMENT, COMPENSATION, DISCIPLINE, AND REMOVAL OF JUSTICES AND JUDGES; STATE COMMISSION ON JUDICIAL CONDUCT. (f) The Legislature by general law may prescribe the qualifications of constables. As free states sought to undermine the federal law, the even more severe Fugitive Slave Act of 1850 was enacted. (TEMPORARY TRANSITION PROVISION for Sec. (a) The legislature shall prescribe by law the qualifications of grand jurors and petit jurors. It also empowers Congress to admit new states and administer the territories and other federal lands. Others suggest that citizens of states carry the rights accorded by their home states while traveling in other states. 19. 1. ), (TEMPORARY TRANSITION PROVISIONS for Sec. As written in 1876, who had full citizenship rights under the Constitution of Texas? Sec. REMOVAL OF COUNTY OFFICERS. 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. (TEMPORARY TRANSITION PROVISION for Sec. Plan Your Visit to the National Archives Museum, Browse Revolutionary Era Classroom Activities. 4 OF COMANCHE COUNTY. To pass requirements made by the so-called Radical Republicans in the US Congress. Known as the Constitution of 1869, the document remained controversial and the more radical provisions were not accepted by a large number of Texans. 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? 31. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. JURISDICTION OF JUSTICE OF THE PEACE COURTS; EX OFFICIO NOTARIES PUBLIC. By 1875, Reconstruction was winding to a halt, and Democrats had regained power in Texas. Amended Aug. 11, 1891, Nov. 4, 1958, and Nov. 6, 2001.) 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 Guarantee Clause mandates that all U.S. states must be grounded in republican principles such as the consent of the governed. 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. (1)-(13) amended Nov. 2, 1965; Subsecs. Amended Nov. 2, 1954; Subsecs. Due process shall include the right to notice, counsel, hearing, confrontation of his accusers, and all such other incidents of due process as are ordinarily available in proceedings whether or not misfeasance is charged, upon proof of which a penalty may be imposed. COURT ADMINISTRATION AND RULE-MAKING AUTHORITY. CREATION AND MODIFICATION OF COUNTIES. Article Seven, the last and shortest of the Constitution's original articles, stipulated that the Constitution, before it could become established as the "Law of the Land", must obtain the consent of the people by being ratified by popular conventions within the several states. 13. (TEMPORARY TRANSITION PROVISION for Sec. The legislature by general or special law may provide for the creation, establishment, maintenance, and operation of hospital districts located wholly in a county with a population of 75,000 or less, according to the most recent federal decennial census, and may authorize the commissioners court to levy a tax on the ad valorem property located in the district for the support and maintenance of the district. (Feb. 15, 1876. [] and [the United States] shall protect each of them [the States] against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. (10) All papers filed with and proceedings before the Commission or a Master shall be confidential, unless otherwise provided by law, and the filing of papers with, and the giving of testimony before the Commission or a Master shall be privileged, unless otherwise provided by law. (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. 5a: See Appendix, Note 3.). EXECUTIVE DEPARTMENT Sec. 1-a: See Appendix, Note 3.). Sec. The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President,) and Judicial (Federal court system). In Corfield the circuit court sustained a New Jersey law giving state residents the exclusive right to gather clams and oysters. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. The Judges shall have the same qualifications and receive the same salaries as the Associate Justices of the Supreme Court, and the Presiding Judge shall have the same qualifications and receive the same salary as the Chief Justice of the Supreme Court. (a) All judges of courts of this State, by virtue of their office, are conservators of the peace throughout the State. Sec. (Added Nov. 8, 1966; amended Nov. 2, 1999.) The Constitution of 1836 adapted provisions from Spanish-Mexican law, including: community property, homestead exemptions and protections, and debtor relief. 7a. Later, Chief Justice John Marshall suggested that the judgment of one state court must be recognized by other states' courts as final. If you would like to locate a library book, access the library catalog. That phrase incorporates all acts prohibited by the laws of a state, including misdemeanors and small, or petty, offenses. Amended Nov. 5, 1985, and Nov. 6, 2001.) 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. IX, Nov. 6, 2001.) Additionally, as it required the ratification of only nine states in order to become established, rather than the unanimous consent required by the Articles of Confederation, the Constitution was more republican, as it protected the majority from effectively being ruled or held captive by the minority. 27: See Appendix, Note 3.). Sec. JUROR QUALIFICATIONS. A quorum shall consist of seven (7) members. COURT OF CRIMINAL APPEALS; JUDGES. (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. If an election is called under this subsection, the commissioners court shall order the ballot for the election to be printed to permit voting for or against the proposition: "Reinstating the office of Constable of Precinct No. CLERKS OF APPELLATE COURTS. The Master shall have all the power of a District Judge in the enforcement of orders pertaining to witnesses, evidence, and procedure. Article 8 of the Texas Constitution deals with taxation and revenue. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. 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. COUNTY-WIDE HOSPITAL DISTRICTS IN CERTAIN LARGE COUNTIES. Sec. A project created by ISKME. (Feb. 15, 1876. (TEMPORARY TRANSITION PROVISIONS for Sec. [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]. The adoption of a reapportionment order requires a majority vote of the total membership of the board. CREATION, OPERATION, AND DISSOLUTION OF HOSPITAL DISTRICTS. The Legislature may by law authorize the creation of county-wide Hospital Districts in counties having a population in excess of 190,000 and in Galveston County, with power to issue bonds for the purchase, acquisition, construction, maintenance and operation of any county owned hospital, or where the hospital system is jointly operated by a county and city within the county, and to provide for the transfer to the county-wide Hospital District of the title to any land, buildings or equipment, jointly or separately owned, and for the assumption by the district of any outstanding bonded indebtedness theretofore issued by any county or city for the establishment of hospitals or hospital facilities; to levy a tax not to exceed seventy-five ($ .75) cents on the One Hundred ($100.00) Dollars valuation of all taxable property within such district, provided, however, that such district shall be approved at an election held for that purpose, and that only qualified voters in such county shall vote therein; provided further, that such Hospital District shall assume full responsibility for providing medical and hospital care to needy inhabitants of the county, and thereafter such county and cities therein shall not levy any other tax for hospital purposes; and provided further that should such Hospital District construct, maintain and support a hospital or hospital system, that the same shall never become a charge against the State of Texas, nor shall any direct appropriation ever be made by the Legislature for the construction, maintenance or improvement of the said hospital or hospitals. (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. However, on the next day the clause was quietly reinstated and adopted by the Convention without objection. (a) and (b) amended and (c) and (d) added Nov. 8, 1983; Subsec. 3-b. Article IV Section 1, creates several offices in the officers of the Executive Department (except Secretary of State) These first amendments were designed to protect individual . (Added Nov. 6, 1962; amended Nov. 8, 1966, and Nov. 7, 1989.). QUESTIONS OF STATE LAW CERTIFIED FROM FEDERAL APPELLATE COURT. For more information about UELMA, please see the council . 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