article 4 of the texas constitution creates quizlet

The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. Lieutenant Governor of Texas. Registered voters vote on approval. A political crisis in 1840s Rhode Island, the Dorr Rebellion, forced the Supreme Court to rule on the meaning of this clause. 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. An information is a written instrument presented to a court by an attorney for the State charging a person with the commission of an offense. The Guarantee Clause mandates that all U.S. states must be grounded in republican principles such as the consent of the governed. 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. (b) The Legislature shall provide for the option by the governing body of the city or cities whose airport facilities are served by certificated airlines and whose facility or some interest therein, is proposed to be or has been acquired by the Authority, to either appoint or elect a Board of Directors of said Authority. Article IV of the U.S. Constitution is a relatively uncontroversial section that establishes the relationship between states and their disparate laws. 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. The Supreme Court has held that this clause prevents states from reopening cases which have been conclusively decided by the courts of another state. [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. Its jurisdiction shall be coextensive with the limits of the State and its determinations shall be final except in criminal law matters. (TEMPORARY TRANSITION PROVISION for Sec. Clause One of Section 2 requires interstate protection of "privileges and immunities". Article 4 of the Texas constitution creates a plural executive, specifying_______distinct offices in the executive branch. (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. Copyright 2023 by the Texas State Law Library. The Court held. JUDGES TO BE CONSERVATORS OF THE PEACE; INDICTMENTS AND INFORMATION. 7 and the Port Arthur Independent School District, as such boundaries existed on the first day of January, 1957, with the power to issue bonds for the sole purpose of purchasing a site for, and the construction and initial equipping of, a hospital system, and with the power to levy a tax of not to exceed Seventy-five Cents (75) on the One Hundred Dollars ($100.00) valuation of property therein for the purpose of paying the principal and interest on such bonds. The Constitution of 1845 included which of the following elements? 32. (a) Each county in the State with a population of 50,000 or more, according to the most recent federal census, from time to time, for the convenience of the people, shall be divided into not less than four and not more than eight precincts. Instead, by entering the Union, Texas was found to have surrendered control over the water and the soil under it to Congress. 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. 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. Sec. 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 shall have power by General or Special Laws to make such provisions concerning the terms or sessions of each District Court as it may deem necessary. (2), (5)-(10), and (12) amended Nov. 8, 1977; Subsecs. (Feb. 15, 1876. COUNTY-WIDE HOSPITAL DISTRICTS IN CERTAIN LARGE COUNTIES. During the constitutional convention held November 1865. fundamental freedoms and rights were granted to newly free former slaves. (Feb. 15, 1876. CLERKS OF APPELLATE COURTS. The current constitution took effect on February 15, 1876. COUNTY COURT: TERMS, PROSECUTIONS, AND JURIES. 1-a: See Appendix, Note 3.). Sec. 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. ), (TEMPORARY TRANSITION PROVISION for Sec. The court upheld Georgia's refusal to enforce the South Carolina judgment. 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. Sec. The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015) 3. 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. Texans to decide whether to update their aging constitution. 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. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN CITY OF AMARILLO, WICHITA COUNTY, AND JEFFERSON COUNTY. (Feb. 15, 1876. 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. (d) added Nov. 4, 1997.). Amended Nov. 7, 1978, and Nov. 5, 1985.). The rights of an incumbent so retired to retirement benefits shall be the same as if his retirement had been voluntary. 16. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. JUDICIAL POWER VESTED IN COURTS; LEGISLATIVE POWER REGARDING COURTS. 12. CLERK OF DISTRICT COURT. Since 1876, the legislature has proposed hundreds of amendments, the majority of which have been adopted by voters. 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. County court judges shall have the power to issue writs necessary to enforce their jurisdiction. [7] It would later be applied with regard to the formation of Maine (from Massachusetts) and West Virginia (from Virginia). When convened en banc, five Judges shall constitute a quorum and the concurrence of five Judges shall be necessary for a decision. Sec. 1: See Appendix, Note 1.). (a) The Judicial Districts Board is created to reapportion the judicial districts authorized by Article V, Section 7, of this constitution. 29: See Appendix, Note 3.). (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 also empowers Congress to admit new states and administer the territories and other federal lands. 5. 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. 12: See Appendix, Note 1.). 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. (TEMPORARY TRANSITION PROVISION for Sec. PARTICIPATION OF MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS IN ESTABLISHMENT AND OPERATION OF MENTAL HEALTH, MENTAL RETARDATION, OR PUBLIC HEALTH SERVICES. 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. 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. 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. AIRPORT AUTHORITIES. (a) and (b) amended and (c) and (d) added Nov. 8, 1983; Subsec. 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. No new counties shall be created so as to approach nearer than twelve miles of the county seat of any county from which it may in whole or in part be taken. Justices of the peace shall be ex officio notaries public. (Added Nov. 4, 1958; Subsecs. Portion of the US Constitution regarding states, Article Four of the United States Constitution, Smith, Thomas A. However, in McElmoyle v. Cohen, 38 U.S. (13 Pet.) (Feb. 15, 1876. The County Court shall hold at least four terms for both civil and criminal business annually, as may be provided by the Legislature, or by the Commissioners Court of the county under authority of law, and such other terms each year as may be fixed by the Commissioners Court; provided, the Commissioners Court of any county having fixed the times and number of terms of the County Court, shall not change the same again until the expiration of one year. In trials of civil cases in the District Courts, nine members of the jury, concurring, may render a verdict, but when the verdict shall be rendered by less than the whole number, it shall be signed by every member of the jury concurring in it. 1-86-NARA-NARA or 1-866-272-6272, Browse Teaching Resources for the Revolutionary Era. The powers, duties, and records of the office are transferred to the County Sheriff. Provided, that the decision of said courts shall be conclusive on all questions of fact brought before them on appeal or error. 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. 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. The case prohibited the entering upon the public lands of the United States and removing wild burros under the New Mexico Estray Law.[16]. The County Commissioners so chosen, with the County Judge as presiding officer, shall compose the County Commissioners Court, which shall exercise such powers and jurisdiction over all county business, as is conferred by this Constitution and the laws of the State, or as may be hereafter prescribed. (8) After such investigation as it deems necessary, the Commission may in its discretion issue a private or public admonition, warning, reprimand, or requirement that the person obtain additional training or education, or if the Commission determines that the situation merits such action, it may institute formal proceedings and order a formal hearing to be held before it concerning a person holding an office or position specified in Subsection (6) of this Section, or it may in its discretion request the Supreme Court to appoint an active or retired District Judge or Justice of a Court of Appeals, or retired Judge or Justice of the Court of Criminal Appeals or the Supreme Court, as a Master to hear and take evidence in the matter, and to report thereon to the Commission. (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. (f) Nov. 6, 2001.). The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. The board shall complete its work on the reapportionment and file its order with the secretary of state not later than August 31 of the same year. c. Why is some risk diversifiable? 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. Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law. When first adopted, this clause applied to fugitive slaves and required that they be extradited upon the claims of their masters, but it provided no means for doing so. The legislature shall provide for the necessary expenses of the board. Sec. Sec. The County Court shall hold terms as provided by law. District Attorneys shall hold office for a term of four years, and until their successors have qualified. Sec. (TEMPORARY TRANSITION PROVISIONS for Sec. Sec. (1) amended Nov. 6, 2007; Subsec. (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. Sec. Article IV Section 1, creates several offices in the officers of the Executive Department (except Secretary of State) By 1875, Reconstruction was winding to a halt, and Democrats had regained power in Texas. (b) The Legislature may by law permit the County of Comanche 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 Dollar ($100) valuation (in addition to other taxes permitted by this Constitution) upon all property within the County but without the County Commissioners Precinct No. APPEAL BY STATE IN CRIMINAL CASES. Butler withdrew the clause. The taxable property shall be assessed on a valuation not to exceed the market value and shall be equal and uniform throughout the Authority as is otherwise provided by the Constitution. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. (Added Nov. 6, 2001.) 6 Article 8 of the Texas Constitution deals with taxation and revenue. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. The constitution is silent on the question of whether or not a state may unilaterally leave, or secede from, the Union. 6: See Appendix, Note 1.). 14: See Appendix, Note 3. 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. At the time, the Rhode Island constitution was the old royal charter established in the 17th century. 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. The state constitution establishes the structure and purpose of the Texas government. (a) The State shall be divided into judicial districts, with each district having one or more Judges as may be provided by law or by this Constitution. Log in. (g) Any such Authority when created may be granted the power and authority to promulgate, adopt and enforce appropriate zoning regulations to protect the airport from hazards and obstructions which would interfere with the use of the airport and its facilities for landing and take-off. SHERIFFS. Therefore, under the Territorial clause, Congress had the power to determine which parts of the Constitution applied to the territories. Sec. (TEMPORARY TRANSITION PROVISION for Sec. 6 Article 7 of the Texas constitution Requires that the state legislature establish and maintain "an efficient system of public free schools" Article 8 of the Texas constitution deals with taxation and revenue. (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. (g) added Nov. 4, 1997; Subsec. (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. Sec. If you have any trouble with our navigation menu, we recommend you use our site map for navigation. Yet, the principle it establishes, that the powers of government . 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. 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. (TEMPORARY TRANSITION PROVISION for Sec. The Legislature shall provide for the payment of the necessary expense for the operation of the Commission. 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. On this Wikipedia the language links are at the top of the page across from the article title. (Feb. 15, 1876. Anna M. Tinsley. The Legislature shall have power to create counties for the convenience of the people subject to the following provisions: (1) Within the territory of any county or counties, no new county shall be created with a less area than seven hundred square miles, nor shall any such county now existing be reduced to a less area than seven hundred square miles. 4, 1997. ) the meaning of this clause prevents states from reopening which! 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