The Supreme Court has held that the Constitution requires all states to be admitted on an equal footing, though the Admissions Clause does not expressly include this requirement. 24. The Court of Criminal Appeals may appoint Commissioners in aid of the Court of Criminal Appeals as provided by law. (a) The Court of Criminal Appeals shall have final appellate jurisdiction coextensive with the limits of the state, and its determinations shall be final, in all criminal cases of whatever grade, with such exceptions and under such regulations as may be provided in this Constitution or as prescribed by law. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. Therefore, under the Territorial clause, Congress had the power to determine which parts of the Constitution applied to the territories. 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 state legislature can propose amendments to the constitution. 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. 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. In 1864, during the Civil War, an effort to repeal this clause of the Constitution failed. Amended Aug. 11, 1891, Nov. 6, 1973, and Nov. 5, 1985.). The Framers added a process for amending, or changing, the Constitution in Article V. Since 1789, the United States has added 27 amendments to the Constitution. Sec. reference to the US were replaced with references to the Confederacy. APPEAL BY STATE IN CRIMINAL CASES. 4 of Comanche County at the time such levy is made for such purposes. (a) amended Nov. 2, 1999; Subsec. Upon an order for involuntary retirement for disability or an order for removal, the office in question shall become vacant. 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. 31. The elections must be held on the same day if more than one county is included. To put restrictions on the power of government in the body of the document, making it difficult to change over time. The Legislature shall pass laws regulating the manner of removing county seats, but no county seat situated within five miles of the geographical centre of the county shall be removed, except by a vote of two-thirds of all the voters voting on the subject. (TEMPORARY TRANSITION PROVISION for Sec. The state constitution establishes the structure and purpose of the Texas government. In effect, the court held the clause to be nonjusticiable. The legislature shall provide for the necessary expenses of the board. In Luther v. Borden,[19] the Court held that the determination of whether a state government is a legitimate republican form as guaranteed by the Constitution is a political question to be resolved by the Congress. 8. The exact scope of this clause has long been a matter of debate. Discretionary review by the Court of Criminal Appeals is not a matter of right, but of sound judicial discretion. (13-a) added Nov. 2, 2021.) 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. (d) When the boundaries of commissioners precincts are changed, each commissioner in office on the effective date of the change, or elected to a term of office beginning on or after the effective date of the change, shall serve in the precinct to which each was elected or appointed for the entire term to which each was elected or appointed, even though the change in boundaries places the person's residence outside the precinct for which he was elected or appointed. (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. (a) All judges of courts of this State, by virtue of their office, are conservators of the peace throughout the State. The Judges of all Courts of county-wide jurisdiction heretofore or hereafter created by the Legislature of this State, and all Criminal District Attorneys now or hereafter authorized by the laws of this State, shall be elected for a term of four years, and shall serve until their successors have qualified. Clause Two requires that fugitives from justice may be extradited on the demand of executive authority of the state from which they fled. Texas Democrats gained control of Congress in 1873 and decided it was time to draft a new constitution for Texas. Sec. 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 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. Neither of these theories has been endorsed by the Supreme Court, which has held that the clause means that a state may not discriminate against citizens of other states in favor of its own citizens. However, in McElmoyle v. Cohen, 38 U.S. (13 Pet.) And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. (e) Unless the legislature enacts a statewide reapportionment of the judicial districts following each federal decennial census, the board shall convene not later than the first Monday of June of the third year following the year in which the federal decennial census is taken to make a statewide reapportionment of the districts. 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. Sec. 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. (TEMPORARY TRANSITION PROVISION for Sec. 546 (C.C.E.D. Article 8 of the Texas Constitution deals with taxation and revenue. Amended Aug. 11, 1891, Nov. 4, 1930, Nov. 4, 1980, 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. Sec. 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. 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. 1. 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. (e) The Legislature shall authorize the purchase or acquisition by the Authority of any existing airport facility publicly owned and financed and served by certificated airlines, in fee or of any interest therein, or to enter into any lease agreement therefor, upon such terms and conditions as may be mutually agreeable to the Authority and the owner of such facilities, or authorize the acquisition of same through the exercise of the power of eminent domain. DISQUALIFICATION OF JUDGES; EXCHANGE OF DISTRICTS; HOLDING COURT FOR OTHER JUDGES. 6: See Appendix, Note 3.). d. Why cant systematic risk be diversified away? In other words, there is no one government official who is solely responsible for the Texas Executive Branch. [14] These holdings include national parks, national forests, recreation areas, wildlife refuges, vast tracts of range and public lands managed by the Bureau of Land Management, reservations held in trust for Native American tribes, military bases, and ordinary federal buildings and installations. (Added Nov. 6, 2001.) 7: See Appendix, Note 4.). For instance the Supreme Court struck down a provision which limited the jurisdiction of the state of Alabama over navigable waters within the state. 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. Why did the Constitution of 1869 grant blacks the right to vote and recognize the 14th Amendment guarantees of equality before the law? Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.). 5: See Appendix, Note 3.). [3] There is no constitutional requirement that extradited fugitives be tried only for the crimes named in the extradition proceedings. ", 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". The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015) 3. They seized the opportunity to undo the hated 1869 acts. District Court judges shall have the power to issue writs necessary to enforce their jurisdiction. In the trial of all causes in the district courts, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury; but no jury shall be empaneled in any civil case unless demanded by a party to the case, and a jury fee be paid by the party demanding a jury, for such sum, and with such exceptions as may be prescribed by the Legislature. 5. 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. (Added Nov. 6, 2001.) (5) The Commission may hold its meetings, hearings and other proceedings at such times and places as it shall determine but shall meet at Austin at least once each year. COUNTY COURTS: TERMS OF COURT; PROBATE BUSINESS. If you have any trouble with our navigation menu, we recommend you use our site map for navigation. In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. Portion of the US Constitution regarding states, Article Four of the United States Constitution, Smith, Thomas A. What determines who gets what? 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. 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. The maximum tax rate submitted shall be sufficient to discharge such obligations, liabilities, and responsibilities, and to maintain and operate the hospital system, and the Legislature may authorize the District to issue tax bonds for the purpose of the purchase, construction, acquisition, repair or renovation of improvements and initially equipping the same, and such bonds shall be payable from said seventy-five cent (75) tax. Commissioners of classes (i), (ii), (vii), and (viii) above shall be chosen by the Supreme Court with advice and consent of the Senate, those of class (iii) by the Board of Directors of the State Bar under regulations to be prescribed by the Supreme Court with advice and consent of the Senate, those of class (iv) by appointment of the Governor with advice and consent of the Senate, and the commissioners of classes (v) and (vi) by appointment of the Supreme Court as provided by law, with the advice and consent of the Senate. (2000). While the Supreme Court's holding in Luther v. Borden still holds today, the Court, by looking to the Equal Protection Clause of the Fourteenth Amendment (adopted 19 years after Luther v. Borden was decided), has developed new criteria for determining which questions are political in nature and which are justiciable. 1-86-NARA-NARA or 1-866-272-6272, Browse Teaching Resources for the Revolutionary Era. In case of vacancy, the Judge of the District Court shall have the power to appoint a Clerk, who shall hold until the office can be filled by election. Directors shall serve without compensation for a term fixed by the Legislature not to exceed six (6) years, shall be selected on the basis of the proportionate population of each county based upon the last preceding Federal Census, and shall be residents of such county. (c) Subject to such regulations as may be prescribed by law, the Court of Criminal Appeals and the Judges thereof shall have the power to issue the writ of habeas corpus, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and certiorari. In the event of such acquisition, if there are any general obligation bonds that the owner of the publicly owned airport facility has outstanding, the same shall be fully assumed by the Authority and sufficient taxes levied by the Authority to discharge said outstanding indebtedness. (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 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. 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. [7] It would later be applied with regard to the formation of Maine (from Massachusetts) and West Virginia (from Virginia). 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. (h) The commissioners court of a county may declare the office of constable in a precinct dormant if at least seven consecutive years have passed since the end of the term of the person who was last elected or appointed to the office and during that period of time no person was elected to fill that office, or during that period a person was elected to that office, but the person failed to meet the qualifications of that office or failed to assume the duties of that office. The current constitution is the seventh in Texas history. Sec. The seeming ambiguity of the clause has given rise to a number of different interpretations. (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. The Constitution provides for the extradition of fugitives who have committed "treason, felony or other crime." 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. [21] The court rejected the challenge, finding the challenge to have presented a nonjusticiable political question that only Congress can resolve. A jury in the County Court shall consist of six persons; but no jury shall be empaneled to try a civil case unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may be prescribed by law, unless the party makes affidavit that the party is unable to pay the jury fee. The Texas Constitution maintained on this website is the official text of the constitution. 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. (TEMPORARY TRANSITION PROVISIONS for Sec. There shall be elected for each county, by the qualified voters, a County Clerk, who shall hold his office for four years, who shall be clerk of the County and Commissioners Courts and recorder of the county, whose duties, perquisites and fees of office shall be prescribed by the Legislature, and a vacancy in whose office shall be filled by the Commissioners Court, until the next general election; provided, that in counties having a population of less than 8,000 persons there may be an election of a single Clerk, who shall perform the duties of District and County Clerks. 12: See Appendix, Note 1.). JURISDICTION OF SUPREME COURT. COURT ADMINISTRATION AND RULE-MAKING AUTHORITY. JURISDICTION OF JUSTICE OF THE PEACE COURTS; EX OFFICIO NOTARIES PUBLIC. (f) Notwithstanding the provisions of Article IX of this constitution, if a hospital district was created or authorized under a constitutional provision that includes a description of the district's boundaries or jurisdiction, the legislature by law may authorize the district to change its boundaries or jurisdiction. Amended Nov. 6, 2001, and Sept. 13, 2003.) The bonds may not be issued or such tax be levied until approved by such voters. Before admission to the Union, Texas, as an independent nation, controlled water within three miles of the coast, the normal limit for nations. (f) Nov. 6, 2001; Subsec. 30. (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. A project created by ISKME. This clause, commonly known as the "Property Clause" or "Territorial Clause", grants Congress the constitutional authority for the management and control of all territories or other property owned by the United States. (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. It shall annually select one of its members as Chairman. Sec. Ralph dies without having made a will. The office of every such Justice and Judge shall become vacant on the expiration of the term during which the incumbent reaches the age of seventy-five (75) years or such earlier age, not less than seventy (70) years, as the Legislature may prescribe, except that if a Justice or Judge elected to serve or fill the remainder of a six-year term reaches the age of seventy-five (75) years during the first four years of the term, the office of that Justice or Judge shall become vacant on December 31 of the fourth year of the term to which the Justice or Judge was elected. (e) and (f) added Nov. 7, 1995; Subsec. Article Four also requires the United States to protect each state from invasion, and, at the request of a state, from "domestic violence.". (2) No part of any existing county shall be detached from it and attached to another existing county until the proposition for such change shall have been submitted, in such manner as may be provided by law, to a vote of the voters of both counties, and shall have received a majority of those voting on the question in each. No more than one (1) such election may be called in a county until after the expiration of one (1) year in the event such an election has failed, and thereafter only upon a petition of ten per cent (10%) of the qualified voters being presented to the Commissioners Court or Commissioners Courts of the county or counties in which such an election has failed. (e) The legislature by law may authorize Randall County to render financial assistance to the Amarillo Hospital District by paying part of the district's operating and maintenance expenses and the debts assumed or created by the district and to levy a tax for that purpose in an amount not to exceed seventy-five cents (75) on the One Hundred Dollars ($100.00) valuation on all property in Randall County that is not within the boundaries of the City of Amarillo or the South Randall County Hospital District. JUDICIAL DISTRICTS; DISTRICT JUDGES; TERMS OR SESSIONS; ABSENCE, DISABILITY, OR DISQUALIFICATION OF DISTRICT JUDGE. (a) The Court of Criminal Appeals shall consist of eight Judges and one Presiding Judge. (a) A vacancy in the office of Chief Justice, Justice, or Judge of the Supreme Court, the Court of Criminal Appeals, the Court of Appeals, or the District Courts shall be filled by the Governor until the next succeeding General Election for state officers, and at that election the voters shall fill the vacancy for the unexpired term. 10. 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. The Constitution of 1845 included which of the following elements? Congress may regulate the manner in which proof of such acts, records or proceedings may be admitted. USA.gov, The U.S. National Archives and Records Administration 14: See Appendix, Note 3. 32. 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. 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. 4 OF COMANCHE COUNTY. 12. 17. The case prohibited the entering upon the public lands of the United States and removing wild burros under the New Mexico Estray Law.[16]. Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, and Nov. 6, 2001.) Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. 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. (Added Nov. 8, 1966; amended Nov. 2, 1999.) 5a. CLERKS OF APPELLATE COURTS. County Courts in existence on the effective date of this amendment are continued unless otherwise provided by law. Sec. Please take our patron satisfaction survey! (Feb. 15, 1876. (b) Each of said Courts of Appeals shall hold its sessions at a place in its district to be designated by the Legislature, and at such time as may be prescribed by law. 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. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. Kilman, Johnny and George Costello (Eds). (TEMPORARY TRANSITION PROVISION for Sec. (f) Nov. 6, 2001.). The Constitution does not explain what exactly constitutes a republican form of government. (Feb. 15, 1876. The court upheld Georgia's refusal to enforce the South Carolina judgment. (Feb. 15, 1876. Notwithstanding the population requirements of this subsection, any county that is divided into four or more precincts on November 2, 1999, shall continue to be divided into not less than four precincts. (Feb. 15, 1876. The Radical Republican majority used this clause as the basis for taking control of the ex-Confederate states and for promoting civil rights for freedmen, plus the limiting of political and voting rights for ex-Confederates, abolishing the ex-Confederate state governments, setting guidelines for the readmission of the rebellious states into the Union. Article IV addresses something different: the states' relations with each other, sometimes called "horizontal federalism." Its first section, the Full Faith and Credit Clause, requires every state, as part of a single nation, to give a certain measure of respect to every other state's laws and institutions. 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