The first ten amendments to the Constitution became known as the Bill of Rights. (Feb. 15, 1876. [2] Alleged fugitives generally may not challenge extradition proceedings. The ______________ model of leadership emphasizes that leaders have different sorts of relationships with different employees. The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. (c) If such tax is authorized, no political subdivision or municipality within or having the same boundaries as the district may levy a tax for medical or hospital care for needy individuals, nor shall they maintain or erect hospital facilities, but the district shall by resolution assume all such responsibilities and shall assume all of the liabilities and obligations (including bonds and warrants) of such subdivisions or municipalities or both. The 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. 29. Sec. (10) All papers filed with and proceedings before the Commission or a Master shall be confidential, unless otherwise provided by law, and the filing of papers with, and the giving of testimony before the Commission or a Master shall be privileged, unless otherwise provided by law. ARTICLE 4. HOSPITAL DISTRICTS: REGULATION OF HEALTH CARE SERVICES. In Mills v. Duryee, 1t1 U.S. (7 Cranch) 481[permanent dead link] (1813), the United States Supreme Court ruled that the merits of a case, as settled by courts of one state, must be recognized by the courts of other states; state courts may not reopen cases which have been conclusively decided by the courts of another state. Its orders for the attendance or testimony of witnesses or for the production of documents at any hearing or investigation shall be enforceable by contempt proceedings in the District Court or by a Master. (4) Commissioners shall receive no compensation for their services as such. (a) The Supreme Court shall exercise the judicial power of the state except as otherwise provided in this Constitution. 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. 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. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. 1-86-NARA-NARA or 1-866-272-6272, Browse Teaching Resources for the Revolutionary Era. Discretionary review by the Court of Criminal Appeals is not a matter of right, but of sound judicial discretion. 6: See Appendix, Note 1.). In a series of opinions by the Supreme Court of the United States, referred to as the Insular Cases, the Court ruled that the territories belonged to, but were not part of the United States. (TEMPORARY TRANSITION PROVISION for Sec. If such District is created, it may be authorized to levy a tax not to exceed seventy-five cents (75) on the One Hundred Dollar ($100) 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 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. There shall be established in each county in this State a County Court, which shall be a court of record; and there shall be elected in each county, by the qualified voters, a County Judge, who shall be well informed in the law of the State; shall be a conservator of the peace, and shall hold his office for four years, and until his successor shall be elected and qualified. 11. The practice and procedures relating to the use of indictments and informations, including their contents, amendment, sufficiency, and requisites, are as provided by law. 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. More information on the Constitution of the State of Texas (1876) may be found at the Texas Constitutions 1824-1876 project of the Tarlton Law Library, Jamail Center for Legal Research at the University of Texas School of Law, the University of Texas at Austin. Sec. A political crisis in 1840s Rhode Island, the Dorr Rebellion, forced the Supreme Court to rule on the meaning of this clause. Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, Nov. 4, 1980, and Nov. 6, 2001.) Any person holding such office may be disciplined or censured, in lieu of removal from office, as provided by this section. As free states sought to undermine the federal law, the even more severe Fugitive Slave Act of 1850 was enacted. 21. The commissioners court may reinstate an office of constable declared dormant by vote of the commissioners court or by calling an election in the precinct to reinstate the office. (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. Sec. Sec. The legislature may provide for the effect of a reapportionment made by the board on pending cases or the transfer of pending cases, for jurisdiction of a county court where county court jurisdiction has been vested by law in a district court affected by the reapportionment, for terms of the courts upon existing officers and their duties, and for all other matters affected by the reapportionment. The Master shall have all the power of a District Judge in the enforcement of orders pertaining to witnesses, evidence, and procedure. (Feb. 15, 1876. 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. AIRPORT AUTHORITIES. [12], 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.[13]. In another case, Kleppe v. New Mexico, the Court ruled that the federal Wild Horse and Burro Act was a constitutional exercise of congressional power under the Property Clause at least insofar as it was applied to a finding of trespass. 15. (Feb. 15, 1876. 5b. The Court shall hold the regular terms at the County Seat of each County in the Court's district in such manner as may be prescribed by law. If the Directors are appointed such appointment shall be made by the County Commissioners Court after consultation with and consent of the governing body or bodies of such city or cities. (TEMPORARY TRANSITION PROVISION for Sec. The Supreme Court has held that this clause prevents states from reopening cases which have been conclusively decided by the courts of another state. (e) The Legislature shall also provide for the holding of District Court when the Judge thereof is absent, or is from any cause disabled or disqualified from presiding. JUROR QUALIFICATIONS. (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. 7a. 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. It shall annually select one of its members as Chairman. In Mahon a body of armed men from Kentucky forcibly took, without a warrant, a man in West Virginia to bring him back to Kentucky for formal arrest and trial. When convened en banc, five Judges shall constitute a quorum and the concurrence of five Judges shall be necessary for a decision. Sec. What determines who gets what? 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. Ralph dies without having made a will. 1: See Appendix, Note 1.). 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. 1. The Legislature may enact any laws not inconsistent with this Section which it may deem necessary to permit said counties to implement, enforce and administer the provisions contained herein. COUNTY COURT; COUNTY JUDGE. 17: See Appendix, Note 3.). Each county in the State with a population of 18,000 or more but less than 50,000, according to the most recent federal census, from time to time, for the convenience of the people, shall be divided into not less than two and not more than eight precincts. 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. Sec. 2: See Appendix, Note 3.). (TEMPORARY TRANSITION PROVISION for Sec. CLERKS OF APPELLATE COURTS. A division or designation under this subsection shall be made by the Commissioners Court provided for by this Constitution. 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. 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. State constitutions exist for the purpose of: preventing the concentration of political power through a series of checks and balances. (Feb. 15, 1876. REMOVAL OF COUNTY OFFICERS. There shall be a Clerk for the District Court of each county, who shall be elected by the qualified voters and who shall hold his office for four years, subject to removal by information, or by indictment of a grand jury, and conviction of a petit jury. DIRECT APPEAL FROM ORDER GRANTING OR DENYING INJUNCTION. (Added Nov. 6, 1962; amended Nov. 2, 1999.) (b) The membership of the board consists of the Chief Justice of the Texas Supreme Court who serves as chairman, the presiding judge of the Texas Court of Criminal Appeals, the presiding judge of each of the administrative judicial districts of the state, the president of the Texas Judicial Council, and one person who is licensed to practice law in this state appointed by the governor with the advice and consent of the senate for a term of four years. The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President,) and Judicial (Federal court system). (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. Sec. It also empowers Congress to admit new states and administer the territories and other federal lands. Some examples of how the government was restricted were: The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015)3. All rights reserved. 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. (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. Justices of the peace shall be ex officio notaries public. Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, and Nov. 6, 2001.) (Feb. 15, 1876. COUNTY COURT: TERMS, PROSECUTIONS, AND JURIES. ", List of U.S. states by date of admission to the Union, Pacific States Telephone and Telegraph Co. v. Oregon, List of states and territories of the United States, "Common Interpretation: The Admissions Clause", "Essays on Article IV: New States Clause", "Federal Land Ownership: Overview and Data", "Essays on Article VII: Ratification Clause". 4: See Appendix, Note 3.). 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. 11: See Appendix, Note 1.). If an election is called under this subsection, the commissioners court shall order the ballot for the election to be printed to permit voting for or against the proposition: "Reinstating the office of Constable of Precinct No. Sec. (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. (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. To pass requirements made by the so-called Radical Republicans in the US Congress. There are, however, several places within it where the principles behind the concept are articulated. Justify your answer. 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. Justice of the peace courts shall have original jurisdiction in criminal matters of misdemeanor cases punishable by fine only, exclusive jurisdiction in civil matters where the amount in controversy is two hundred dollars or less, and such other jurisdiction as may be provided by law. As James Madison wrote in Federalist No. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. 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. However, in McElmoyle v. Cohen, 38 U.S. (13 Pet.) Which idea is contained in both the US and Texas Constitutions? The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. (TEMPORARY TRANSITION PROVISION for Sec. COURT OF CRIMINAL APPEALS; JUDGES. They seized the opportunity to undo the hated 1869 acts. The court must sit en banc during proceedings involving capital punishment and other cases as required by law. 1. Sec. October 8, 2018. The bonds may not be issued or such tax be levied until approved by such voters. 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. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN CITY OF AMARILLO, WICHITA COUNTY, AND JEFFERSON COUNTY. The legislature may delegate any of these powers to the board. 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 ($100) valuation. Can you connect this to postpurchase dissonance? The legislature may provide that the county in which the district is located may issue general obligation bonds for the district and provide other services to the district. (6) A. (g) redesignated as Subsec. The Legislature may by law authorize the creation of county-wide Hospital Districts in counties having a population in excess of 190,000 and in Galveston County, with power to issue bonds for the purchase, acquisition, construction, maintenance and operation of any county owned hospital, or where the hospital system is jointly operated by a county and city within the county, and to provide for the transfer to the county-wide Hospital District of the title to any land, buildings or equipment, jointly or separately owned, and for the assumption by the district of any outstanding bonded indebtedness theretofore issued by any county or city for the establishment of hospitals or hospital facilities; to levy a tax not to exceed seventy-five ($ .75) cents on the One Hundred ($100.00) Dollars valuation of all taxable property within such district, provided, however, that such district shall be approved at an election held for that purpose, and that only qualified voters in such county shall vote therein; provided further, that such Hospital District shall assume full responsibility for providing medical and hospital care to needy inhabitants of the county, and thereafter such county and cities therein shall not levy any other tax for hospital purposes; and provided further that should such Hospital District construct, maintain and support a hospital or hospital system, that the same shall never become a charge against the State of Texas, nor shall any direct appropriation ever be made by the Legislature for the construction, maintenance or improvement of the said hospital or hospitals. (1) and (2) amended Nov. 6, 2001; Subsecs. TERM OF OFFICE OF JUDGES OF COUNTY-WIDE COURTS AND OF CRIMINAL DISTRICT ATTORNEYS. The Court of Criminal Appeals may appoint Commissioners in aid of the Court of Criminal Appeals as provided by law. (Feb. 15, 1876. 18. Therefore, under the Territorial clause, Congress had the power to determine which parts of the Constitution applied to the territories. If you have any trouble with our navigation menu, we recommend you use our site map for navigation. Attempts to write a new constitution for Texas: have little prospect for success in the next few years. 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. No county shall have less than one (1) member on the Board of Directors. Grand and petit juries in the District Courts shall be composed of twelve persons, except that petit juries in a criminal case below the grade of felony shall be composed of six persons; but nine members of a grand jury shall be a quorum to transact business and present bills. 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. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. Sec. (TEMPORARY TRANSITION PROVISION for Sec. The property of state regulated common carriers required by law to pay a tax upon intangible assets shall not be subject to taxation by the Authority. [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. (b) The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals. 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. In effect, the court held the clause to be nonjusticiable. SUPREME COURT; JUSTICES. The County Judge is the presiding officer of the County Court and has judicial functions as provided by law. The state constitution establishes the structure and purpose of the Texas government. Article Four also requires the United States to protect each state from invasion, and, at the request of a state, from "domestic violence.". COUNTY CLERK. HOSPITAL DISTRICTS IN COUNTIES WITH POPULATION OF 75,000 OR LESS. (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. Article II of the Texas Constitution consists of only a single section, with fewer than 100 words. [17] By ensuring that all states must have the same basic republican philosophy, the Guarantee Clause is one of several portions of the Constitution which mandates symmetric federalism between the states. 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. It was feared that the political power of future new western states would eventually overwhelm that of the established eastern states. Why is some risk not diversifiable? The office of constable is reinstated if a majority of the voters of the precinct voting on the question at the election approve the reinstatement. 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. 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 co-extensive 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. (h) added Nov. 5, 2002.) JURISDICTION OF SUPREME COURT. (Feb. 15, 1876. A major issue early in the 20th century was whether the whole Constitution applied to the territories called insular areas by Congress. 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