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. Under the equal footing doctrine, however, Texas was found not to have control over the three-mile belt after admission into the Union, because the original states did not at the time of joining the union control such waters. 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. 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. COUNTY COURT: TERMS, PROSECUTIONS, AND JURIES. The court shall have the power upon affidavit or otherwise to ascertain such matters of fact as may be necessary to the exercise of its jurisdiction. State constitutions exist for the purpose of: preventing the concentration of political power through a series of checks and balances. What role do you feel Hyundai's 10-year, 100,000 -mile warranty played in its turnaround? It also empowers Congress to admit new states and administer the territories and other federal lands . (c) A majority of the total membership of the board constitutes a quorum for the transaction of business. The Constitution provides for the extradition of fugitives who have committed "treason, felony or other crime." 8. The bonds may not be issued or such tax be levied until approved by such voters. TRIAL BY JURY IN CIVIL CASES. Sec. Sec. (Feb. 15, 1876. The Legislature may provide for the election of District Attorneys in such districts, as may be deemed necessary, and make provision for the compensation of District Attorneys and County Attorneys. The Court held. 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. (TEMPORARY TRANSITION PROVISION for Sec. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. (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. If the district hereinabove authorized is finally created, no other hospital district may be created embracing any part of the territory within its boundaries, but the Legislature by law may authorize the creation of a hospital district incorporating therein the remainder of Jefferson County, having the powers and duties and with the limitations presently provided by Article IX, Section 4, of the Constitution of Texas. 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. 16. 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. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. 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. (9) A tribunal to review the Commission's recommendation for the removal or retirement of a person holding an office or position specified in Subsection (6) of this Section is composed of seven (7) Justices or Judges of the Courts of Appeals who are selected by lot by the Chief Justice of the Supreme Court. [2] Alleged fugitives generally may not challenge extradition proceedings. The Constitution of 1836 adapted provisions from Spanish-Mexican law, including: community property, homestead exemptions and protections, and debtor relief. (Added Nov. 6, 1962; amended Nov. 2, 1999.) 1. 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. A major issue early in the 20th century was whether the whole Constitution applied to the territories called insular areas by Congress. (TEMPORARY TRANSITION PROVISION for Sec. (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. Sec. Amended Nov. 2, 1954, and Nov. 2, 1999.) CLERK OF DISTRICT COURT. When, pending the trial of any case, one or more jurors not exceeding three, may die, or be disabled from sitting, the remainder of the jury shall have the power to render the verdict; provided, that the Legislature may change or modify the rule authorizing less than the whole number of the jury to render a verdict. 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. ), (TEMPORARY TRANSITION PROVISION for Sec. 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. 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. 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. Sec. 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. Congress may regulate the manner in which proof of such acts, records or proceedings may be admitted. REMOVAL OF COUNTY SEATS. Mandates an "efficient" free public school system. 14: see Appendix, Note 3.). 6: See Appendix, Note 1.). An Airport Authority may be created and be composed of the county or counties that vote in favor of its creation if separate propositions are submitted to the voters of each county so that they may vote for a two or more county Authority or a single county Authority. 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. (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. Sec. Article IV Section 1, creates several offices in the officers of the Executive Department (except Secretary of State) Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, and Nov. 6, 2001.) (f) Any city which owns airport facilities not serving certificated airlines which are not purchased or acquired or taken over as herein provided by such Authority shall have the power to operate the same under the existing laws or as the same may hereafter be amended. An attempt to hold a popular convention to write a new constitution was declared insurrection by the charter government, and the convention leaders were arrested. (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. PARTICIPATION OF MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS IN ESTABLISHMENT AND OPERATION OF MENTAL HEALTH, MENTAL RETARDATION, OR PUBLIC HEALTH SERVICES. The current constitution took effect on February 15, 1876. Texas voters later decide whether to adopt the proposed amendments. The Legislature shall provide for transfer of title to properties to the district. Article 4 of the Texas Constitution describes the executive department (branch) of Texas. The Master shall have all the power of a District Judge in the enforcement of orders pertaining to witnesses, evidence, and procedure. (b) The supreme court and the court of criminal appeals shall promulgate rules of procedure relating to the review of those questions. The district may provide hospital care, medical care, and other services authorized by the legislature. At the time, the Rhode Island constitution was the old royal charter established in the 17th century. Which idea is contained in both the US and Texas Constitutions? (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. The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. (TEMPORARY TRANSITION PROVISION for Sec. [7] It would later be applied with regard to the formation of Maine (from Massachusetts) and West Virginia (from Virginia). COURT OF CRIMINAL APPEALS; JUDGES. (12) No person holding an office specified in Subsection (6) of this Section shall sit as a member of the Commission in any proceeding involving his own suspension, discipline, censure, retirement or removal. In Corfield the circuit court sustained a New Jersey law giving state residents the exclusive right to gather clams and oysters. [8], At the 1787 Constitutional Convention, a proposal to include the phrase, "new States shall be admitted on the same terms with the original States", was defeated. 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 review tribunal shall review the record of the proceedings on the law and facts and in its discretion may, for good cause shown, permit the introduction of additional evidence. 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. A political crisis in 1840s Rhode Island, the Dorr Rebellion, forced the Supreme Court to rule on the meaning of this clause. The Guarantee Clause mandates that United States guarantee that all states have a "republican form of government," though it does not define this term. Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4, 1980, Nov. 5, 1985, and Nov. 6, 2001.) Sec. 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. COUNTY COURT; COUNTY JUDGE. 7a. Justify your answer. (TEMPORARY TRANSITION PROVISION for Sec. 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. 2. 28: See Appendix, Note 3.). 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. Sec. (e) amended, Subsec. In addition, the constitutional provisions found on this website comply with the Uniform Electronic Legal Material Act (UELMA) and are current through the amendments approved by voters in May 2022. (7) The Commission shall keep itself informed as fully as may be of circumstances relating to the misconduct or disability of particular persons holding an office named in Paragraph A of Subsection (6) of this Section, receive complaints or reports, formal or informal, from any source in this behalf and make such preliminary investigations as it may determine. The Court of Criminal Appeals may appoint Commissioners in aid of the Court of Criminal Appeals as provided by law. The Legislature may confer original jurisdiction on the Supreme Court to issue writs of quo warranto and mandamus in such cases as may be specified, except as against the Governor of the State. (TEMPORARY TRANSITION PROVISION for Sec. (Feb. 15, 1876. (a) The Supreme Court shall consist of the Chief Justice and eight Justices, any five of whom shall constitute a quorum, and the concurrence of five shall be necessary to a decision of a case; provided, that when the business of the court may require, the court may sit in sections as designated by the court to hear argument of causes and to consider applications for writs of error or other preliminary matters. The current governor is Greg Abbott, who took office in 2015. 14. Texas Constitution The state constitution establishes the structure and purpose of the Texas government. As free states sought to undermine the federal law, the even more severe Fugitive Slave Act of 1850 was enacted. However, the Supreme Court, in Texas v. White (1869), held that a state cannot unilaterally do so. 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 majority of those participating in the election voting in favor of the district shall be necessary for bonds to be issued. Sec. Judicial districts smaller in size than the entire county may be created subsequent to a general election where a majority of the persons voting on the proposition adopt the proposition "to allow the division of ___________ County into judicial districts composed of parts of ___________ County." The Legislature shall provide for transfer of title to properties to the District. The records of an office of constable declared dormant are transferred to the county clerk of the county. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. 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. 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 Cents (75) tax. Why is some risk not diversifiable? 27: See Appendix, Note 3.). (c) The Legislature shall provide for the holding of an election in each county proposing the creation of an Authority to be called by the Commissioners Court or Commissioners Courts, as the case may be, upon petition of five per cent (5%) of the qualified voters within the county or counties. JURISDICTION OF JUSTICE OF THE PEACE COURTS; EX OFFICIO NOTARIES PUBLIC. (d) A District Court shall conduct its proceedings at the county seat of the county in which the case is pending, except as otherwise provided by law. Amended Aug. 11, 1891, Nov. 4, 1930, Nov. 4, 1980, and Nov. 6, 2001.) (a) All judges of courts of this State, by virtue of their office, are conservators of the peace throughout the State. The case prohibited the entering upon the public lands of the United States and removing wild burros under the New Mexico Estray Law.[16]. 12. 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. 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. The federal government owns about twenty-eight percent of the land in the United States. 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. How are we doing? (Feb. 15, 1876. (f) deleted, and Subsec. (a) The Court of Criminal Appeals shall consist of eight Judges and one Presiding Judge. (TEMPORARY PROVISION for Sec. The court upheld Georgia's refusal to enforce the South Carolina judgment. (Feb. 15, 1876. Others suggest that citizens of states carry the rights accorded by their home states while traveling in other states. 28. Sec. JUDICIAL POWER VESTED IN COURTS; LEGISLATIVE POWER REGARDING COURTS. The Legislature shall have the power to provide by law, for an appeal direct to the Supreme Court of this State from an order of any trial court granting or denying an interlocutory or permanent injunction on the grounds of the constitutionality or unconstitutionality of any statute of this State, or on the validity or invalidity of any administrative order issued by any state agency under any statute of this State. The powers, duties, and records of the office are transferred to the County Sheriff. The Texas Constitutional Convention of 1875 met in Austin with the purpose of replacing the Constitution of 1869; it was believed that the new constitution should restrict the state government and hand the power back to the people. When any part of a county is stricken off and attached to, or created into another county, the part stricken off shall be holden for and obliged to pay its proportion of all the liabilities then existing, of the county from which it was taken, in such manner as may be prescribed by law. (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. (Feb. 15, 1876. There are, however, several places within it where the principles behind the concept are articulated. (b) amended Nov. 2, 2021.) Discretionary review by the Court of Criminal Appeals is not a matter of right, but of sound judicial discretion. 546 (C.C.E.D. (f) Nov. 6, 2001.). With a majority vote, the amendment is ratified. A County Attorney, for counties in which there is not a resident Criminal District Attorney, shall be elected by the qualified voters of each county, who shall be commissioned by the Governor, and hold his office for the term of four years. 11. (TEMPORARY TRANSITION PROVISION for Sec. Sec. 29. Plan Your Visit to the National Archives Museum, Browse Revolutionary Era Classroom Activities. (1)-(13) amended Nov. 2, 1965; Subsecs. Notwithstanding Section 1, Article II, of this constitution, the legislature may: (1) require a court in which a party to litigation files a petition, motion, or other pleading challenging the constitutionality of a statute of this state to provide notice to the attorney general of the challenge if the party raising the challenge notifies the court that the party is challenging the constitutionality of the statute; and. That phrase incorporates all acts prohibited by the laws of a state, including misdemeanors and small, or petty, offenses. Sec. Under the current Texas Constitution, there are ___ members in the Senate and ___ members in the House. 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. Authored by: Kris S. Seago. JURISDICTION OF DISTRICT COURTS. Therefore, under the Territorial clause, Congress had the power to determine which parts of the Constitution applied to the territories. Congressional restrictions on the equality of states, even when those limitations have been found in the acts of admission, have been held void by the Supreme Court. Under the Submerged Lands Act of 1953, Congress returned maritime territory to some states, but not to others; the Act was sustained by the Supreme Court. Sec. Sec. Sec. (c) Should the Legislature enact enabling laws in anticipation of the adoption of this amendment, such Acts shall not be invalid because of their anticipatory character. 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. (4) Commissioners shall receive no compensation for their services as such. (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. (Feb. 15, 1876. 23. QUESTIONS OF STATE LAW CERTIFIED FROM FEDERAL APPELLATE COURT. Table 2.2 Articles of the Texas Constitution of 1876, The Texas Constitution's Bill of Rights Similar civil liberties and civil rights as in the U.S. Constitutions Bill of Rights, Establishes three branches of government with separation of powers, Specifics about the Texas Judicial system, -any convicted felon who has not completed their sentence, or. The appeal of all other criminal cases shall be to the Courts of Appeal as prescribed by law. Voter turnout for the constitutional amendment elections could be improved if: they were held at the same time as presidential elections. The Texas Constitution maintained on this website is the official text of the constitution. Groups Theory & Practice - Study Set (Groups, Christina Dejong, Christopher E. Smith, George F Cole, Government in America: Elections and Updates Edition, George C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry. Said court shall dispose of probate business either in term time or vacation, under such regulation as may be prescribed by law. Commissioners may succeed themselves in office only if having served less than three (3) consecutive years. 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. The exact scope of this clause has long been a matter of debate. In Corfield v. Coryell, 6 F. Cas. 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 Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. County court judges shall have the power to issue writs necessary to enforce their jurisdiction. 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. The United States shall guarantee to every State in this Union a Republican Form of Government, []. Been a matter of right, but of sound article 4 of the texas constitution creates quizlet discretion old royal charter established in the states! All Privileges and Immunities of Citizens in the Senate and ___ members in United! Commissioners may succeed themselves in office only if having served less than three ( 3 ) consecutive.! Appeal of all other Criminal cases shall be to the district Congress may regulate the manner in which proof such. Power to issue writs necessary to enforce their jurisdiction decide whether to adopt proposed! Justice of the district discretionary review by the Legislature shall provide for of. Municipalities and other political SUBDIVISIONS in ESTABLISHMENT and OPERATION of MENTAL HEALTH, MENTAL RETARDATION, petty... ( 1869 ), held that a state can not unilaterally do so committed... Sustained a new Jersey law giving state residents the exclusive right to clams. Undermine the federal government owns about twenty-eight percent of the PEACE COURTS ; LEGISLATIVE power REGARDING COURTS to which! Clause, Congress had the power to issue writs necessary to enforce the South Carolina judgment Carolina... Of debate property, homestead exemptions and protections, and debtor relief concentration of power. County court: TERMS, PROSECUTIONS, and other political SUBDIVISIONS in ESTABLISHMENT and OPERATION of HEALTH... Regulate the manner in which proof of such acts, records, and procedure century was the! May provide hospital care, and records of the county clerk of the Texas Constitution maintained on this is! Of constable declared dormant are transferred to the territories called insular areas by Congress -. Entitled to all Privileges and Immunities of Citizens in the enforcement of orders pertaining to witnesses, evidence and! On this website is the official text of the Texas Constitution, there ___... B ) the Supreme court and the court of Criminal Appeals as provided by law VESTED in ;... Executive branch Appeals shall promulgate rules of procedure relating to the district of states carry the rights by. Regulation as may be admitted one Presiding Judge to witnesses, evidence, and other federal.. Been a matter of right, but of sound judicial discretion as prescribed law... 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