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. The district may provide hospital care, medical care, and other services authorized by the legislature. The ______________ model of leadership emphasizes that leaders have different sorts of relationships with different employees. The appeal of all other criminal cases shall be to the Courts of Appeal as prescribed by law. 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for eight years next preceding the judge's election, during which time the judge's license to practice law has not been revoked, suspended, or subject to a probated suspension; (4) have resided in the district in which the judge was elected for two years next preceding the election;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. 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. COURTS OF APPEALS; JUSTICES; JURISDICTION. [21] The court rejected the challenge, finding the challenge to have presented a nonjusticiable political question that only Congress can resolve. Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, Nov. 4, 1980, and Nov. 6, 2001.) In effect, the court held the clause to be nonjusticiable. Article 4 of the Texas constitution creates a plural executive, specifying_______distinct offices in the executive branch. In 1864, during the Civil War, an effort to repeal this clause of the Constitution failed. 7: See Appendix, Note 4.). VACANCY IN JUDICIAL OFFICE. 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. 14. (TEMPORARY TRANSITION PROVISION for Sec. He shall receive as compensation for his services such fees and perquisites as may be prescribed by law. The practice and procedures relating to the use of indictments and informations, including their contents, amendment, sufficiency, and requisites, are as provided by law. If the Board of Directors is elected they shall be elected by the qualified voters of the county which chooses to elect the Directors to represent that county. Amended Aug. 11, 1891, Nov. 6, 1973, and Nov. 5, 1985.). 29: See Appendix, Note 3.). 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. The Constitution of 1845 included which of the following elements? LEGAL CHALLENGES TO CONSTITUTIONALITY OF STATE STATUTES. 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. If you have any trouble with our navigation menu, we recommend you use our site map for navigation. (Feb. 15, 1876. The Legislature shall provide for the payment of the necessary expense for the operation of the Commission. Under the law relating to the removal of an active Justice or Judge, the Commission and the review tribunal may prohibit a retired or former Judge from holding judicial office in the future or from sitting on a court of this State by assignment. (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. (2) and (5) amended Nov. 8, 2005; Subsec. [] 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. 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. Sec. 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. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? Each county in the State with a population of less than 18,000, according to the most recent federal census, from time to time, for the convenience of the people, shall be designated as a single precinct or, if the Commissioners Court determines that the county needs more than one precinct, shall be divided into not more than four precincts. 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. (b) amended Nov. 2, 2021.) Should the Legislature enact legislation in anticipation of the adoption of this amendment, such legislation shall not be invalid by reason of its anticipatory character. 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. Why is some risk not diversifiable? Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law. District Attorneys shall hold office for a term of four years, and until their successors have qualified. b. (a) The state shall be divided into courts of appeals districts, with each district having a Chief Justice, two or more other Justices, and such other officials as may be provided by law. Fort Worth Star-Telegram. [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. State constitutions exist for the purpose of: preventing the concentration of political power through a series of checks and balances. The Extradition Clause requires that fugitives from justice be extradited on the demand of executive authority of the state from which they flee. 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. COUNTY ATTORNEYS; DISTRICT ATTORNEYS. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. 4. Sec. (3) satisfying the debts and bond obligations, if any, of the district, in such manner as to protect the interests of the citizens within the district, including their collective property rights in the assets and property of the district, provided, however, that any grant from federal funds, however dispensed, shall be considered an obligation to be repaid in satisfaction and provided that no election to dissolve shall be held more often than once each year. In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. USA.gov, The U.S. National Archives and Records Administration (2000). In the event of a vacancy in the appointed membership, the vacancy is filled for the unexpired term in the same manner as the original appointment. (a) The Legislature may by law authorize the creation of two hospital districts, one to be coextensive with and have the same boundaries as the incorporated City of Amarillo, as such boundaries now exist or as they may hereafter be lawfully extended, and the other to be coextensive with Wichita County. All rights reserved. The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. Clause One of Section 2 requires interstate protection of "privileges and immunities". The federal government owns about twenty-eight percent of the land in the United States. Sec. The elections must be held on the same day if more than one county is included. (g) (Redesignated as Subsec. c. Why is some risk diversifiable? SHERIFFS. 312 (1839), the court heard a case where one party obtained a judgment in South Carolina and sought to enforce it in Georgia, which had a statute of limitations that barred actions on judgments after a certain amount of time had passed since the judgment was entered. 13: See Appendix, Note 3.). The Legislature shall provide for transfer of title to properties to the district. AIRPORT AUTHORITIES. There was no place for reconsideration, or revocation, except through revolution, or through consent of the States. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence. 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. This tax is in addition to any other tax authorized by this constitution. [20] In Pacific States, a utility company challenged an Oregon tax law passed by a referendum, as opposed to the ordinary legislative process. 8: See Appendix, Note 1.). Sec. 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. (d) added Nov. 4, 1997.). [2] Alleged fugitives generally may not challenge extradition proceedings. Attempts to write a new constitution for Texas: have little prospect for success in the next few years. ARTICLE 4. (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. The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" (Article I, section 2) and "the Senate shall have the sole Power to try all Impeachments [but] no person shall be convicted without the Concurrence of two-thirds of the Members present" (Article I, section 3).The president, vice president, and all civil officers of the United . Sec. Later, Chief Justice John Marshall suggested that the judgment of one state court must be recognized by other states' courts as final. District Court judges shall have the power to issue writs necessary to enforce their jurisdiction. 29. Amended Nov. 7, 1978, and Nov. 5, 1985.). (i) The legislature, the Judicial Districts Board, or the Legislative Redistricting Board may not redistrict the judicial districts to provide for any judicial district smaller in size than an entire county except as provided by this section. 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. Commissioners may succeed themselves in office only if having served less than three (3) consecutive years. The Property Clause grants Congress the power to make laws for the territories and other federal lands. 4. (a) The Legislature may by law provide for the creation, establishment, maintenance and operation of Airport Authorities composed of one or more counties, with power to issue general obligation bonds, revenue bonds, either or both of them, for the purchase, acquisition by the exercise of the power of eminent domain or otherwise, construction, reconstruction, repair or renovation of any airport or airports, landing fields and runways, airport buildings, hangars, facilities, equipment, fixtures, and any and all property, real or personal, necessary to operate, equip and maintain an airport. HOSPITAL DISTRICTS IN COUNTIES WITH POPULATION OF 75,000 OR LESS. Amended Aug. 11, 1891, Nov. 8, 1949, Nov. 5, 1985, and Nov. 2, 2021.) (1)-(13) amended Nov. 2, 1965; Subsecs. Amended Aug. 11, 1891, Nov. 4, 1958, and Nov. 6, 2001.) JURISDICTION OF DISTRICT COURTS. A political crisis in 1840s Rhode Island, the Dorr Rebellion, forced the Supreme Court to rule on the meaning of this clause. On the filing of a sworn complaint charging a person holding such office with willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful and persistent conduct that is clearly inconsistent with the proper performance of his duties or casts public discredit on the judiciary or on the administration of justice, the Commission, after giving the person notice and an opportunity to appear and be heard before the Commission, may recommend to the Supreme Court the suspension of such person from office. The Full Faith and Credit Clause requires states . (e) and (f) added Nov. 7, 1995; Subsec. 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). This clause was added to the clause that provided extradition for fugitives from justice.[4]. Plan Your Visit to the National Archives Museum, Browse Revolutionary Era Classroom Activities. Registered voters vote on approval. When, as a result of a change of precinct boundaries, a vacancy occurs in the office of Justice of the Peace or Constable, the Commissioners Court shall fill the vacancy by appointment until the next general election. A quorum shall consist of seven (7) members. Its appellate jurisdiction shall be final and shall extend to all cases except in criminal law matters and as otherwise provided in this Constitution or by law. 1: See Appendix, Note 1.). Amended Aug. 11, 1891, Aug. 25, 1945, Nov. 4, 1980, and Nov. 6, 2001; Subsec. Amended Nov. 5, 1985, and Nov. 6, 2001.) Texas voters later decide whether to adopt the proposed amendments. 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. 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. (11) The Supreme Court shall by rule provide for the procedure before the Commission, Masters, review tribunal, and the Supreme Court. 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. (b) The supreme court and the court of criminal appeals shall promulgate rules of procedure relating to the review of those questions. (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. That phrase incorporates all acts prohibited by the laws of a state, including misdemeanors and small, or petty, offenses. Texans to decide whether to update their aging constitution. Texas utilizes a "plural executive" which means the power of the Governor are limited and distributed amongst other executive officials. 6: See Appendix, Note 3.). COUNTY CLERK. Justify your answer. 3-b. 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. (5)-(9) and (11)-(13) amended Nov. 3, 1970; Subsecs. Sec. The change must be approved by a majority of the qualified voters of the district voting at an election called and held for that purpose. An amendment is a change to the Constitution. Ralph dies without having made a will. Amended Nov. 2, 1999.) Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.). 1-A. Sec. 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. 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. 5a. (Added Aug. 14, 1883; amended Nov. 6, 2001.) TRIAL BY JURY IN CIVIL CASES. (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. 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. JURISDICTION OF JUSTICE OF THE PEACE COURTS; EX OFFICIO NOTARIES PUBLIC. 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. Sec. TERM OF OFFICE OF JUDGES OF COUNTY-WIDE COURTS AND OF CRIMINAL DISTRICT ATTORNEYS. Oregon. (a) The Supreme Court shall exercise the judicial power of the state except as otherwise provided in this Constitution. 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. 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. 4 of Comanche County at the time such levy is made for such purposes. (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. Kilman, Johnny and George Costello (Eds). Additionally, the clause also proclaims that nothing contained within the Constitution may be interpreted to harm (prejudice) any claim of the United States, or of any particular State. A district may not be created or a tax levied unless the creation and tax are approved by a majority of the registered voters who reside in the district. James Wilson of Pennsylvania objected, stating it would require that state governments enforce slavery at taxpayers' expense. 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. The Justices shall have the qualifications prescribed for Justices of the Supreme Court. 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. 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. 10. 1-a: See Appendix, Note 3.). The concurrence of a majority of the judges sitting in a section is necessary to decide a case. Established the Permanent School Fund, Places limits on the raising and spending of public funds, Authorizes the Texas Legislature to create county governments, Specifics regarding local governments, including empowering them to tax, and how to charter cities, Specifics regarding public businesses, including how they would be regulated, Article 13: Spanish and Mexican Land Titles, Specifics on which land with previous claims would become state property, Established the Land Office which regulated land titles, Specifics on how to remove a public official from office, Miscellaneous regulations, ie., forbidding the legislature from printing money, forbidding U.S. public officials from holding a state office, Article 17: Mode of Amending the Constitution of this State. They seized the opportunity to undo the hated 1869 acts. (TEMPORARY TRANSITION PROVISION for Sec. In a panel of three Judges, two Judges shall constitute a quorum and the concurrence of two Judges shall be necessary for a decision. License: 2022, Texas Higher Education Coordinating Board, The Texas State Constitution and the American Federal System, Introduction to Texas History and Politics, The Executive Department and the Office of the Governor of Texas, Voting and Political Participation in Texas, Introduction: The Texas State Constitution and the American Federal System, The Evolution of the Texas State Constitution, Federal Constitution of the United Mexican States (1824), Constitution Of Coahuila And Texas (1827), Constitution of the Republic of Texas (1836), The 1870s: The Constitutional Convention of 1875. Butler withdrew the clause. The presentment of an indictment or information to a court invests the court with jurisdiction of the cause. [5] This clause was rendered mostly moot when the Thirteenth Amendment abolished slavery. (b) The Supreme Court shall promulgate rules of civil procedure for all courts not inconsistent with the laws of the state as may be necessary for the efficient and uniform administration of justice in the various courts. 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. The rights of an incumbent so retired to retirement benefits shall be the same as if his retirement had been voluntary. (14) The Legislature may promulgate laws in furtherance of this Section that are not inconsistent with its provisions. What is the principle of diversification? Executive, specifying_______distinct offices in the constitution failed few years extradition clause requires that from! Archives Museum, Browse Revolutionary Era Classroom Activities one state court must recognized. 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