Later, Chief Justice John Marshall suggested that the judgment of one state court must be recognized by other states' courts as final. 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. Would this warranty be as important an evaluative criterion today as it was a decade ago? (TEMPORARY TRANSITION PROVISION for Sec. (g) redesignated as Subsec. (TEMPORARY TRANSITION PROVISIONS for Sec. 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). "The Rule of Law and the States: A New Interpretation of the Guarantee Clause. (TEMPORARY TRANSITION PROVISIONS for Sec. For instance the Supreme Court struck down a provision which limited the jurisdiction of the state of Alabama over navigable waters within the state. 4: See Appendix, Note 3.). ARTICLE 4. The Master shall have all the power of a District Judge in the enforcement of orders pertaining to witnesses, evidence, and procedure. (TEMPORARY TRANSITION PROVISION for Sec. He is survived by many relatives-a spouse, children, adopted children, sisters, brothers, uncles, aunts, cousins, nephews, and nieces. (e) and (f) added Nov. 7, 1995; Subsec. (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 doctrine, however, can also be applied to the detriment of states, as occurred with Texas. Amended Nov. 7, 1978, and Nov. 5, 1985.). The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. However, the great majority of agencies are created by statute and must function under the separation requirement, thus compelling Texas courts to establish parameters for . How are we doing? ). (Feb. 15, 1876. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. The presentment of an indictment or information to a court invests the court with jurisdiction of the cause. (b) Each county shall, in the manner provided for justice of the peace and constable precincts, be divided into four commissioners precincts in each of which there shall be elected by the qualified voters thereof one County Commissioner, who shall hold his office for four years and until his successor shall be elected and qualified. Sec. (TEMPORARY TRANSITION PROVISIONS for Sec. The Guarantee Clause mandates that all U.S. states must be grounded in republican principles such as the consent of the governed. Sec. Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, and Nov. 6, 2001.) 14. (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. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. (Former Sec. 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. USA.gov, The U.S. National Archives and Records Administration Sec. (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. The first section requires states to extend "full faith and credit" to the public acts, records and court proceedings of other states. 4: See Appendix, Note 1.). Once the new Constitution went into effect, however, Congress admitted Vermont and Kentucky on equal terms and thereafter formalized the condition in its acts of admission for subsequent states, declaring that the new state enters "on an equal footing with the original States in all respects whatever." Sec. 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. 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. (14) The Legislature may promulgate laws in furtherance of this Section that are not inconsistent with its provisions. 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. [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]. The bonds may not be issued or such tax be levied until approved by such voters. 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. 4 of Comanche County, Texas. He shall receive as compensation for his services such fees and perquisites as may be prescribed by law. 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. Sec. (b) The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals. This tax is in addition to any other tax authorized by this constitution. 14 added Nov. 6, 2001.) 5a. 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. It also empowers Congress to admit new states and administer the territories and other federal lands. No redistricting plan may be proposed or adopted by the legislature, the Judicial Districts Board, or the Legislative Redistricting Board in anticipation of a future action by the voters of any county. Amended Aug. 11, 1891, Nov. 6, 1973, and Nov. 5, 1985.). The County Attorneys shall represent the State in all cases in the District and inferior courts in their respective counties; but if any county shall be included in a district in which there shall be a District Attorney, the respective duties of District Attorneys and County Attorneys shall in such counties be regulated by the Legislature. (TEMPORARY TRANSITION PROVISIONS for Sec. (1) Subject to the further provisions of this Section, the Legislature shall provide for the retirement and compensation of Justices and Judges of the Appellate Courts and District and Criminal District Courts on account of length of service, age and disability, and for their reassignment to active duty where and when needed. 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. 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. 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. 2: See Appendix, Note 3.). 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. (TEMPORARY TRANSITION PROVISIONS for Sec. COUNTY CLERK. The Constitution of 1845 included which of the following elements? (2000). 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. 15. The Extradition Clause requires that fugitives from justice be extradited on the demand of executive authority of the state from which they flee. 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. Sec. It was feared that the political power of future new western states would eventually overwhelm that of the established eastern states. 11. The case prohibited the entering upon the public lands of the United States and removing wild burros under the New Mexico Estray Law.[16]. 6 Article 7 of the Texas constitution Requires that the state legislature establish and maintain "an efficient system of public free schools" Article 8 of the Texas constitution deals with taxation and revenue. COUNTY COURT: TERMS, PROSECUTIONS, AND JURIES. (e) The office of Constable is abolished in Mills County, Reagan County, and Roberts County. Sec. (Feb. 15, 1876. CREATION AND MODIFICATION OF COUNTIES. This latter provision was designed to give Eastern states that still had claims to Western lands (e.g., Virginia and North Carolina) to have a veto over whether their western counties (which eventually became Kentucky and Tennessee) could become states. Others suggest that citizens of states carry the rights accorded by their home states while traveling in other states. (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. 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. Discretionary review by the Court of Criminal Appeals is not a matter of right, but of sound judicial discretion. Proceedings shall be by majority vote of those present, except that recommendations for retirement, censure, suspension, or removal of any person holding an office named in Paragraph A of Subsection (6) of this Section shall be by affirmative vote of at least seven (7) members. No county shall have less than one (1) member on the Board of Directors. (Added Nov. 4, 1958; Subsecs. When a judge of the District Court is disqualified by any of the causes above stated, the parties may, by consent, appoint a proper person to try said case; or upon their failing to do so, a competent person may be appointed to try the same in the county where it is pending, in such manner as may be prescribed by law. (6) A. JUDGES TO BE CONSERVATORS OF THE PEACE; INDICTMENTS AND INFORMATION. The legislature may delegate any of these powers to the board. 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 maximum rate of tax may be changed at subsequent elections so long as obligations are not impaired, and not to exceed the maximum limit of Seventy-five Cents (75) per One Hundred Dollars ($100.00) valuation, and no election shall be required by subsequent changes in the boundaries of the City of Amarillo. Sec. A quorum shall consist of seven (7) members. A division or designation under this subsection shall be made by the Commissioners Court provided for by this Constitution. 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. 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