(TEMPORARY TRANSITION PROVISIONS for Sec. 8: See Appendix, Note 1.). 9A. 5: See Appendix, Note 1. Said courts shall have such other jurisdiction, original and appellate, as may be prescribed by law. SUPREME COURT; JUSTICES. Anna M. Tinsley. 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. A major issue early in the 20th century was whether the whole Constitution applied to the territories called insular areas by Congress. GRAND AND PETIT JURIES IN DISTRICT COURTS: COMPOSITION AND VERDICT. 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 Dollar ($100) valuation, and no election shall be required by subsequent changes in the boundaries of the Commissioners Precinct No. Texans to decide whether to update their aging constitution. The Legislature shall provide for transfer of title to properties to the district. 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. Sec. Amended Aug. 11, 1891, Aug. 25, 1945, Nov. 4, 1980, and Nov. 6, 2001; Subsec. b. They differed from provisions in the 1827 Constitution of Coahuila y Tejas. 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. A jury in the County Court shall consist of six persons; but no jury shall be empaneled to try a civil case unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may be prescribed by law, unless the party makes affidavit that the party is unable to pay the jury fee. The Legislature may authorize the governing body of any county bordering on the Gulf of Mexico or the tidewater limits thereof to regulate and restrict the speed, parking and travel of motor vehicles on beaches available to the public by virtue of public right and the littering of such beaches. Article IV Section 1, creates several offices in the officers of the Executive Department (except Secretary of State) JUDICIAL POWER VESTED IN COURTS; LEGISLATIVE POWER REGARDING COURTS. A republican form of government is distinguished from a direct democracy, which the Founding Fathers had no intentions of entering. ), (TEMPORARY TRANSITION PROVISIONS for Sec. 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. 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. For instance the Supreme Court struck down a provision which limited the jurisdiction of the state of Alabama over navigable waters within the state. (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. 4: See Appendix, Note 1.). (TEMPORARY TRANSITION PROVISION for Sec. (Feb. 15, 1876. 7. Each Court of Appeals shall designate one of its members for inclusion in the list from which the selection is made. 4. 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. (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. 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). [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 case prohibited the entering upon the public lands of the United States and removing wild burros under the New Mexico Estray Law.[16]. Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law. SUPREME COURT AND COURT OF CRIMINAL APPEALS: LOCATION AND TERM. The Legislature may also provide for the dissolution of hospital districts provided that a process is afforded by statute for: (1) determining the desire of a majority of the qualified voters within the district to dissolve it; (2) disposing of or transferring the assets, if any, of the district; and. 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. The legislature shall set the maximum tax rate a district may levy. Article 8 of the Texas Constitution deals with taxation and revenue. (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. Until otherwise provided, the terms of the County Court shall be held on the first Mondays in February, May, August and November, and may remain in session three weeks. 6. 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. 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. (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. 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. (c) The Legislature may by law authorize the creation of a hospital district within Jefferson County, the boundaries of which shall include only the area comprising the Jefferson County Drainage District No. (Added Nov. 4, 1958; Subsecs. 9B. 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. (Feb. 15, 1876. It was feared that the political power of future new western states would eventually overwhelm that of the established eastern states. The Judges of all Courts of county-wide jurisdiction heretofore or hereafter created by the Legislature of this State, and all Criminal District Attorneys now or hereafter authorized by the laws of this State, shall be elected for a term of four years, and shall serve until their successors have qualified. This disqualification of judges of inferior tribunals shall be remedied and vacancies in their offices filled as may be prescribed by law. ), (TEMPORARY TRANSITION PROVISION for Sec. However, on the next day the clause was quietly reinstated and adopted by the Convention without objection. (TEMPORARY PROVISION for Sec. If you would like to locate a library book, access the library catalog. Sec. (g) redesignated as Subsec. Sec. (f) Nov. 6, 2001.). (TEMPORARY TRANSITION PROVISIONS for Sec. 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. 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. 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. Section Four requires the United States to protect each state from invasion, and, upon the application of the state legislature (or executive, if the legislature cannot be convened), from domestic violence. Portion of the US Constitution regarding states, Article Four of the United States Constitution, Smith, Thomas A. The Texas Constitution maintained on this website is the official text of the constitution. JURISDICTION OF JUSTICE OF THE PEACE COURTS; EX OFFICIO NOTARIES PUBLIC. (TEMPORARY TRANSITION PROVISIONS for Sec. (a), (c), and (e) amended Nov. 2, 1999.) Log in. HOSPITAL DISTRICTS IN COUNTIES WITH POPULATION OF 75,000 OR LESS. Any person holding such office may be disciplined or censured, in lieu of removal from office, as provided by this section. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, Nov. 4, 1980, and Nov. 6, 2001.) District Court judges shall have the power to issue writs necessary to enforce their jurisdiction. October 8, 2018. Commissioners of classes (i), (ii), (vii), and (viii) above shall be chosen by the Supreme Court with advice and consent of the Senate, those of class (iii) by the Board of Directors of the State Bar under regulations to be prescribed by the Supreme Court with advice and consent of the Senate, those of class (iv) by appointment of the Governor with advice and consent of the Senate, and the commissioners of classes (v) and (vi) by appointment of the Supreme Court as provided by law, with the advice and consent of the Senate. (Former Sec. The Supreme Court has held that the Constitution requires all states to be admitted on an equal footing, though the Admissions Clause does not expressly include this requirement. If any city or owner has outstanding revenue bonds where the revenues of the airport have been pledged or said bonds constitute a lien against the airport facilities, the Authority shall assume and discharge all the obligations of the city under the ordinances and bond indentures under which said revenue bonds have been issued and sold. (a) amended Nov. 5, 1985, Nov. 3, 1987, and Nov. 7, 1995; Subsecs. These first amendments were designed to protect individual . d. Why cant systematic risk be diversified away? (a) The supreme court and the court of criminal appeals have jurisdiction to answer questions of state law certified from a federal appellate court. The Supreme Court and the Court of Criminal Appeals may sit at any time during the year at the seat of government or, at the court's discretion, at any other location in this state for the transaction of business, and each term of either court shall begin and end with each calendar year. 13. The Constitution provides for the extradition of fugitives who have committed "treason, felony or other crime." Which idea is contained in both the US and Texas Constitutions? PARTICIPATION OF MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS IN ESTABLISHMENT AND OPERATION OF MENTAL HEALTH, MENTAL RETARDATION, OR PUBLIC HEALTH SERVICES. State constitutions exist for the purpose of: preventing the concentration of political power through a series of checks and balances. Sec. County judges, county attorneys, clerks of the district and county courts, justices of the peace, constables, and other county officers, may be removed by the judges of the district courts for incompetency, official misconduct, habitual drunkenness, or other causes defined by law, upon the cause therefor being set forth in writing and the finding of its truth by a jury. Since the establishment of the United States in 1776, the number of states has expanded from the original 13 to 50. (Feb. 15, 1876. A political crisis in 1840s Rhode Island, the Dorr Rebellion, forced the Supreme Court to rule on the meaning of this clause. Any county now existing may be reduced to an area of not less than seven hundred square miles by a like two-thirds vote. 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. (d) Notwithstanding Section 1, Article II, of this constitution and any other provision of this constitution, if the supreme court does not act on a motion for rehearing before the 180th day after the date on which the motion is filed, the motion is denied. A majority of those participating in the election voting in favor of the district shall be necessary for bonds to be issued. Amended Nov. 2, 1999.) The doctrine, however, can also be applied to the detriment of states, as occurred with Texas. 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. (Feb. 15, 1876. (a) The Court of Criminal Appeals shall have final appellate jurisdiction coextensive with the limits of the state, and its determinations shall be final, in all criminal cases of whatever grade, with such exceptions and under such regulations as may be provided in this Constitution or as prescribed by law. 11: See Appendix, Note 1.). The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. (TEMPORARY TRANSITION PROVISION for Sec. [21] The court rejected the challenge, finding the challenge to have presented a nonjusticiable political question that only Congress can resolve. The Supreme Court has held that it is not compulsory for the fugitive to have fled after an indictment was issued, but only that the fugitive fled after having committed the crime. 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. 14 added Nov. 6, 2001.) (2), (6), and (8)-(12) amended and (14) added Nov. 6, 1984; Subsecs. On this Wikipedia the language links are at the top of the page across from the article title. (e) The office of Constable is abolished in Mills County, Reagan County, and Roberts County. There shall be elected by the qualified voters of each county a Sheriff, who shall hold his office for the term of four years, whose duties, qualifications, perquisites, and fees of office, shall be prescribed by the Legislature, and vacancies in whose office shall be filled by the Commissioners Court until the next general election. Oregon. 24. 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. (b) The supreme court and the court of criminal appeals shall promulgate rules of procedure relating to the review of those questions. -any person deemed mentally incompetent by the courts. Nothing in this amendment shall increase the rights of any riparian or littoral landowner with regard to beaches available to the public by virtue of public right or submerged lands. 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. 5. (Former Sec. Mandates an "efficient" free public school system. Notwithstanding any other section of this article, the Legislature in providing for the creation, establishment, maintenance, and operation of a hospital district, shall not be required to provide that such district shall assume full responsibility for the establishment, maintenance, support, or operation of mental health services or mental retardation services including the operation of any community mental health centers, community mental retardation centers or community mental health and mental retardation centers which may exist or be thereafter established within the boundaries of such district, nor shall the Legislature be required to provide that such district shall assume full responsibility of public health department units and clinics and related public health activities or services, and the Legislature shall not be required to restrict the power of any municipality or political subdivision to levy taxes or issue bonds or other obligations or to expend public moneys for the establishment, maintenance, support, or operation of mental health services, mental retardation services, public health units or clinics or related public health activities or services or the operation of such community mental health or mental retardation centers within the boundaries of the hospital districts; and unless a statute creating a hospital district shall expressly prohibit participation by any entity other than the hospital district in the establishment, maintenance, or support of mental health services, mental retardation services, public health units or clinics or related public health activities within or partly within the boundaries of any hospital district, any municipality or any other political subdivision or state-supported entity within the hospital district may participate in the establishment, maintenance, and support of mental health services, mental retardation services, public health units and clinics and related public health activities and may levy taxes, issue bonds or other obligations, and expend public moneys for such purposes as provided by law. 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