The Supreme Court has held that this clause prevents states from reopening cases which have been conclusively decided by the courts of another state. 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. (Added Nov. 8, 1966; amended Nov. 2, 1999.) (13-a) added Nov. 2, 2021.) 21. 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. Why is some risk not diversifiable? 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. Interim vacancies shall be filled in the same manner as vacancies due to expiration of a full term, but only for the unexpired portion of the term in question. 4. The Supreme Court, Court of Criminal Appeals, and each Court of Appeals shall each appoint a clerk of the court, who shall give bond in the manner required by law, may hold office for four years subject to removal by the appointing court for good cause entered of record on the minutes of the court, and shall receive such compensation as the legislature may provide. COUNTY COURT: TERMS, PROSECUTIONS, AND JURIES. APPEAL BY STATE IN CRIMINAL CASES. The current constitution took effect on February 15, 1876. The project includes digitized images and searchable text versions of the constitutions. (a) The Court of Criminal Appeals shall consist of eight Judges and one Presiding Judge. Sec. The Fugitive Slave Clause requires the return of fugitive slaves; this clause has not been repealed, but it was rendered moot by the Thirteenth Amendment, which abolished slavery, except in the prison system. Amended Nov. 2, 1999.) 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. USA.gov, The U.S. National Archives and Records Administration LEGAL CHALLENGES TO CONSTITUTIONALITY OF STATE STATUTES. In Corfield v. Coryell, 6 F. Cas. 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. 1. (g) redesignated as Subsec. (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. (b) Each district judge shall be elected by the qualified voters at a General Election. At the time, the Rhode Island constitution was the old royal charter established in the 17th century. [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. Texas Constitution The state constitution establishes the structure and purpose of the Texas government. 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 state constitution establishes the structure and purpose of the Texas government. Log in. Said Justices shall be elected by the qualified voters of their respective districts at a general election, for a term of six years and shall receive for their services the sum provided by law. The Court and the Judges thereof shall have the power to issue such other writs as may be necessary to protect its jurisdiction or enforce its judgments. 14 repealed Nov. 5, 1985; current Sec. 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. Amended Aug. 11, 1891, and Nov. 6, 2001.) (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. He shall receive as compensation for his services such fees and perquisites as may be prescribed by law. (e) and (f) added Nov. 3, 1987; Subsecs. (f) The Legislature by general law may prescribe the qualifications of constables. Plan Your Visit to the National Archives Museum, Browse Revolutionary Era Classroom Activities. (5)-(9) and (11)-(13) amended Nov. 3, 1970; Subsecs. Texas utilizes a "plural executive" which means the power of the Governor are limited and distributed amongst other executive officials. When first adopted, this clause applied to fugitive slaves and required that they be extradited upon the claims of their masters, but it provided no means for doing so. October 8, 2018. 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. This power became an important part of Reconstruction after the American Civil War. [18], The Federalist Papers also gives some insight as to the intent of the Founders. 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. 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. SHERIFFS. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN CITY OF AMARILLO, WICHITA COUNTY, AND JEFFERSON COUNTY. 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. Sec. 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. (TEMPORARY TRANSITION PROVISION for Sec. 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. The Legislature shall provide for transfer of title to properties to the district. 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. Would this warranty be as important an evaluative criterion today as it was a decade ago? 24. Sec. (Added Nov. 2, 1948; Subsecs. 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. Texas voters later decide whether to adopt the proposed amendments. 12. (a) The Supreme Court shall exercise the judicial power of the state except as otherwise provided in this Constitution. These rulings have helped shape public opinion among Puerto Ricans during the ongoing debate over the commonwealth's political status. (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. 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. An amendment is a change to the Constitution. 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. (13) This Section 1-a is alternative to and cumulative of, the methods of removal of persons holding an office named in Paragraph A of Subsection (6) of this Section provided elsewhere in this Constitution. (d) added Nov. 4, 1997.). [2] Alleged fugitives generally may not challenge extradition proceedings. [21] The court rejected the challenge, finding the challenge to have presented a nonjusticiable political question that only Congress can resolve. 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. 6: See Appendix, Note 1.). (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. (Added Nov. 8, 1960; Subsec. 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. (2000). 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. In 1864, during the Civil War, an effort to repeal this clause of the Constitution failed. The review tribunal, in an order for involuntary retirement for disability or an order for removal, may prohibit such person from holding judicial office in the future. The Governor of Texas heads the state government of Texas. (TEMPORARY TRANSITION PROVISIONS for Sec. EXECUTIVE DEPARTMENT Sec. 14. HOSPITAL DISTRICTS IN COUNTIES WITH POPULATION OF 75,000 OR LESS. (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. Upon an order for involuntary retirement for disability or an order for removal, the office in question shall become vacant. Sec. It shall annually select one of its members as Chairman. 15. (Added Nov. 6, 1962; amended Nov. 8, 1966, and Nov. 7, 1989.). (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. A system of checks and balances prevents any one of these . 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. There was no place for reconsideration, or revocation, except through revolution, or through consent of the States. 4 of Comanche County at the time such levy is made for such purposes. (TEMPORARY TRANSITION PROVISIONS for Sec. 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. C. The law relating to the removal, discipline, suspension, or censure of a Justice or Judge of the courts established by this Constitution or created by the Legislature as provided in this Constitution applies to a master or magistrate appointed as provided by law to serve a trial court of this State and to a retired or former Judge who continues as a judicial officer subject to an assignment to sit on a court of this State. The Guarantee Clause mandates that all U.S. states must be grounded in republican principles such as the consent of the governed. COURT OF CRIMINAL APPEALS; JUDGES. The Executive Department of the State shall consist of a Governor, who shall be the Chief Executive Officer of the State, a Lieutenant Governor, Secretary of State, Comptroller of Public Accounts, Commissioner of the General Land Office, and Attorney General. CREATION AND MODIFICATION OF COUNTIES. The Justices shall have the qualifications prescribed for Justices of the Supreme Court. 28: See Appendix, Note 3.). Article 4 of the Texas Constitution describes the executive department (branch) of Texas. [11], When, therefore, Texas became one of the United States, she entered into an indissoluble relation. (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. County Courts in existence on the effective date of this amendment are continued unless otherwise provided by law. 5. (Added Nov. 6, 2001.) Texas voters later decide whether to adopt the proposed amendments. ARTICLE 4. (b) amended Nov. 2, 2021.) In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. The legislature by law may determine the health care services a hospital district is required to provide, the requirements a resident must meet to qualify for services, and any other relevant provisions necessary to regulate the provision of health care to residents. Ralph dies without having made a will. 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. 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. gov.texas.gov. On this Wikipedia the language links are at the top of the page across from the article title. AUTHORITY OF COASTAL COUNTIES TO REGULATE MOTOR VEHICLES AND LITTERING ON BEACHES. (TEMPORARY TRANSITION PROVISION for Sec. The Legislature shall provide for transfer of title to properties to the district. By 1875, Reconstruction was winding to a halt, and Democrats had regained power in Texas. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. (Feb. 15, 1876. (c) All constitutional and statutory references to the Courts of Civil Appeals shall be construed to mean the Courts of Appeals. JURISDICTION OF COURT OF CRIMINAL APPEALS. Since the 1987 case of Puerto Rico v. Branstad, federal courts may also use the Extradition Clause to require the extradition of fugitives. 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. Sec. JUDGES TO BE CONSERVATORS OF THE PEACE; INDICTMENTS AND INFORMATION. Sec. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. SUPREME COURT; JUSTICES. Except as provided by this section, in each such precinct there shall be elected one Justice of the Peace and one Constable, each of whom shall hold his office for four years and until his successor shall be elected and qualified; provided that in a county with a population of less than 150,000, according to the most recent federal census, in any precinct in which there may be a city of 18,000 or more inhabitants, there shall be elected two Justices of the Peace, and in a county with a population of 150,000 or more, according to the most recent federal census, each precinct may contain more than one Justice of the Peace Court. Voter turnout for the constitutional amendment elections could be improved if: they were held at the same time as presidential elections. Amended Aug. 11, 1891, Nov. 6, 1973, and Nov. 5, 1985.). The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. 1: See Appendix, Note 1.). Oregon. Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.). Alabama is, therefore, entitled to the sovereignty and jurisdiction over all the territory within her limits to maintain any other doctrine, is to deny that Alabama has been admitted into the union on an equal footing with the original states to Alabama belong the navigable waters and soils under them. "The Rule of Law and the States: A New Interpretation of the Guarantee Clause. (Former 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]. Any person holding an office specified in this subsection may be suspended from office with or without pay by the Commission immediately on being indicted by a State or Federal grand jury for a felony offense or charged with a misdemeanor involving official misconduct. 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. ), (TEMPORARY TRANSITION PROVISION for Sec. 7. Sec. (g) (Redesignated as Subsec. Sec. The rights of an incumbent so retired to retirement benefits shall be the same as if his retirement had been voluntary. 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