article 4 of the texas constitution creates quizletarticle 4 of the texas constitution creates quizlet

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. Sec. Sec. 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. (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. 4 of Comanche County, Texas. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. In Corfield v. Coryell, 6 F. Cas. 16. GRAND AND PETIT JURIES IN DISTRICT COURTS: COMPOSITION AND VERDICT. Since the establishment of the United States in 1776, the number of states has expanded from the original 13 to 50. [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]. (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. (a) The Supreme Court is responsible for the efficient administration of the judicial branch and shall promulgate rules of administration 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. Salary. Sec. The Court held. 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. 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. October 8, 2018. What happens to the standard deviation of return for a portfolio if we increase (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. (Feb. 15, 1876. (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. (2) The State Commission on Judicial Conduct consists of thirteen (13) members, to wit: (i) one (1) Justice of a Court of Appeals; (ii) one (1) District Judge; (iii) two (2) members of the State Bar, who have respectively practiced as such for over ten (10) consecutive years next preceding their selection; (iv) five (5) citizens, at least thirty (30) years of age, not licensed to practice law nor holding any salaried public office or employment; (v) one (1) Justice of the Peace; (vi) one (1) Judge of a Municipal Court; (vii) one (1) Judge of a County Court at Law; and (viii) one (1) Judge of a Constitutional County Court; provided that no person shall be or remain a member of the Commission, who does not maintain physical residence within this State, or who shall have ceased to retain the qualifications above specified for that person's respective class of membership, and provided that a Commissioner of class (i), (ii), (iii), (vii), or (viii) may not reside or hold a judgeship in the same court of appeals district as another member 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. b. COUNTY FACILITIES FOR INDIGENT INHABITANTS. (b) The supreme court and the court of criminal appeals shall promulgate rules of procedure relating to the review of those questions. ), (TEMPORARY TRANSITION PROVISION for Sec. 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. (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. (Feb. 15, 1876. Service on the tribunal shall be considered part of the official duties of a judge, and no additional compensation may be paid for such service. 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. 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. (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. (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. 1. The Supreme Court, Court of Criminal Appeals, and each Court of Appeals shall each appoint a clerk of the court, who shall give bond in the manner required by law, may hold office for four years subject to removal by the appointing court for good cause entered of record on the minutes of the court, and shall receive such compensation as the legislature may provide. In effect, the court held the clause to be nonjusticiable. (TEMPORARY TRANSITION PROVISION for Sec. How are we doing? 1-A. Sec. 23. (2), (5)-(10), and (12) amended Nov. 8, 1977; Subsecs. 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. Sec. Article Four also requires the United States to protect each state from invasion, and, at the request of a state, from "domestic violence.". Amended Nov. 2, 1999.) (a) amended Nov. 2, 1999.) The Property Clause grants Congress the power to make laws for the territories and other federal lands. the number of securities in the portfolio? (Feb. 15, 1876. As written in 1876, who had full citizenship rights under the Constitution of Texas? 30. Sec. Amended Aug. 11, 1891, and Nov. 5, 1985.). Authored by: Kris S. Seago. If you would like to locate a library book, access the library catalog. No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. 9: See Appendix, Note 1.). (TEMPORARY TRANSITION PROVISIONS for Sec. [2] Alleged fugitives generally may not challenge extradition proceedings. (d) The Legislature shall provide for the appointment by the Board of Directors of an Assessor and Collector of Taxes in the Authority, whether constituted of one or more counties, whose duty it shall be to assess all taxable property, both real and personal, and collect the taxes thereon, based upon the tax rolls approved by the Board of Directors, the tax to be levied not to exceed Seventy-Five Cents (75) per One Hundred Dollars ($100) assessed valuation of the property. (Added Nov. 8, 1960; Subsec. [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. (13-a) added Nov. 2, 2021.) Hi, it looks like JavaScript has been disabled in your browser. Said Court of Appeals shall have appellate jurisdiction co-extensive with the limits of their respective districts, which shall extend to all cases of which the District Courts or County Courts have original or appellate jurisdiction, under such restrictions and regulations as may be prescribed by law. The Legislative Reference Library has a constitutional amendment search and the Texas Legislative Council offers a table of constitutional amendments since 1876 [PDF]. At the time, the Rhode Island constitution was the old royal charter established in the 17th century. 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. 12: See Appendix, Note 1.). Texas State Library and Archives Commission.The 1870s: The Constitutional Convention of 1875, Revision and Adaptation. XVI, amended to redesignate as Sec. (TEMPORARY TRANSITION PROVISIONS for Sec. Texas voters later decide whether to adopt the proposed amendments. Amended Aug. 11, 1891, Nov. 4, 1958, and Nov. 6, 2001.) Some contend that the clause requires Congress to treat all citizens equally. Article IV of the U.S. Constitution is a relatively uncontroversial section that establishes the relationship between states and their disparate laws. The practice and procedures relating to the use of indictments and informations, including their contents, amendment, sufficiency, and requisites, are as provided by law. (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. 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. (f) Nov. 6, 2001.). 6. In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. (a), (c), and (e) amended Nov. 2, 1999.) HOSPITAL DISTRICTS: REGULATION OF HEALTH CARE SERVICES. 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. (a) The Court of Criminal Appeals shall consist of eight Judges and one Presiding Judge. 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. (b) The Supreme Court shall also have power, upon affidavit or otherwise as by the court may be determined, to ascertain such matters of fact as may be necessary to the proper exercise of its jurisdiction. Amended Aug. 11, 1891, Nov. 6, 1973, and Nov. 5, 1985.). 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. (Feb. 15, 1876. (f) deleted, and Subsec. (TEMPORARY TRANSITION PROVISION for Sec. The appeal of all other criminal cases shall be to the Courts of Appeal as prescribed by law. The Constitution does not explain what exactly constitutes a republican form of government. When the Supreme Court, the Court of Criminal Appeals, the Court of Appeals, or any member of any of those courts shall be thus disqualified to hear and determine any case or cases in said court, the same shall be certified to the Governor of the State, who shall immediately commission the requisite number of persons learned in the law for the trial and determination of such cause or causes. (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. There are, however, several places within it where the principles behind the concept are articulated. (TEMPORARY TRANSITION PROVISION for Sec. 3: See Appendix, Note 3. Clause Two requires that fugitives from justice may be extradited on the demand of executive authority of the state from which they fled. 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. Fort Worth Star-Telegram. (e) The office of Constable is abolished in Mills County, Reagan County, and Roberts County. Digital images of these are available through Texas Constitutions 1824-1876, a project of the Tarlton Law Library and the University of Texas at Austin's School of Law. (b) The Legislature may by law permit the County of Potter (in which the City of Amarillo is partially located) to render financial aid to that district by paying a part of the expenses of operating and maintaining the system and paying a part of the debts of the district (whether assumed or created by the district) and may authorize the levy of a tax not to exceed Ten Cents (10) per One Hundred Dollars ($100.00) valuation (in addition to other taxes permitted by this Constitution) upon all property within the county but without the City of Amarillo at the time such levy is made for such purposes. (Feb. 15, 1876. Sec. In Corfield the circuit court sustained a New Jersey law giving state residents the exclusive right to gather clams and oysters. (b) For the purpose of hearing cases, the Court of Criminal Appeals may sit in panels of three Judges, the designation thereof to be under rules established by the court. 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. 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. 7: See Appendix, Note 4.). 1-86-NARA-NARA or 1-866-272-6272, Browse Teaching Resources for the Revolutionary Era. A major issue early in the 20th century was whether the whole Constitution applied to the territories called insular areas by Congress. Others suggest that citizens of states carry the rights accorded by their home states while traveling in other states. [5] This clause was rendered mostly moot when the Thirteenth Amendment abolished slavery. e. Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. COURT ADMINISTRATION AND RULE-MAKING AUTHORITY. 5: See Appendix, Note 3.). Sec. COUNTY COURT: TERMS, PROSECUTIONS, AND JURIES. 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. 14, Art. (6) A. 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. 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. ___ that was previously declared dormant." (TEMPORARY TRANSITION PROVISION for Sec. The court found that out-of-state judgments are subject to the procedural law of the states where they are enforced, notwithstanding any priority accorded in the states in which they are issued. Mandates an "efficient" free public school system. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. 3. This provision was invoked by Colorado governor Elias M. Ammons in 1914 during the Colorado Coalfield War, as a result of which President Woodrow Wilson sent federal troops to the state.[22]. 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. Pa. 1823), the federal circuit court held that privileges and immunities in respect of which discrimination is barred include. 14. HOSPITAL DISTRICTS IN COUNTIES WITH POPULATION OF 75,000 OR LESS. (Added Nov. 8, 1966; amended Nov. 2, 1999.) Therefore, under the Territorial clause, Congress had the power to determine which parts of the Constitution applied to the territories. The Legislature may authorize the governing body of any county bordering on the Gulf of Mexico or the tidewater limits thereof to regulate and restrict the speed, parking and travel of motor vehicles on beaches available to the public by virtue of public right and the littering of such beaches. The 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). (f) Nov. 6, 2001; Subsec. The district may provide hospital care, medical care, and other services authorized by the legislature. The Supreme Court, after considering the record of such appearance and the recommendation of the Commission, may suspend the person from office with or without pay, pending final disposition of the charge. 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. The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. 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. Article 4 of the Texas constitution creates a plural executive, specifying_______distinct offices in the executive branch. Later, Chief Justice John Marshall suggested that the judgment of one state court must be recognized by other states' courts as final. Understand the Constitution of 1876s role in Texas, Legislative sessions moved from annual to biennial sessions, State Judges would be elected by the people, The people would vote on the ratification of amendments, The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015), The project includes digitized images and searchable text versions of. (b) amended Nov. 2, 2021.) County court judges shall have the power to issue writs necessary to enforce their jurisdiction. Portion of the US Constitution regarding states, Article Four of the United States Constitution, Smith, Thomas A. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? reference to the US were replaced with references to the Confederacy. [3] There is no constitutional requirement that extradited fugitives be tried only for the crimes named in the extradition proceedings. (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. 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. (9) A tribunal to review the Commission's recommendation for the removal or retirement of a person holding an office or position specified in Subsection (6) of this Section is composed of seven (7) Justices or Judges of the Courts of Appeals who are selected by lot by the Chief Justice of the Supreme Court. The County Court has jurisdiction as provided by law. COURTS OF APPEALS; JUSTICES; JURISDICTION. (Feb. 15, 1876. 8. [20] In Pacific States, a utility company challenged an Oregon tax law passed by a referendum, as opposed to the ordinary legislative process. (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. Bicameral legislature with a House of Representatives and a Senate. (Added Nov. 5, 1985; Subsec. (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. JUDICIAL DISTRICTS; DISTRICT JUDGES; TERMS OR SESSIONS; ABSENCE, DISABILITY, OR DISQUALIFICATION OF DISTRICT JUDGE. The elections must be held on the same day if more than one county is included. 17. DIRECT APPEAL FROM ORDER GRANTING OR DENYING INJUNCTION. (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. 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. (g) Except as provided by Subsection (i) of this section, this section does not limit the power of the legislature to reapportion the judicial districts of the state, to increase the number of judicial districts, or to provide for consequent matters on reapportionment. That privileges and immunities in respect of which discrimination is barred include immunities in of... The principles behind the concept are articulated states Constitution, Smith, Thomas a clause Two requires that fugitives justice. 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In Corfield the circuit court sustained a New Jersey law giving state residents the exclusive right to clams! 13 to 50 ( b ) the supreme court and the court of criminal appeals shall consist of Judges! And Archives Commission.The 1870s: the Constitutional Convention of 1875, Revision and Adaptation several places it... General election century was whether the whole Constitution applied to the Confederacy regarding states, article of! The supreme court and the court of criminal appeals shall promulgate rules of procedure relating the. ( b ) the court of criminal appeals shall consist of eight Judges and one Judge! ] Alleged fugitives generally may not challenge extradition proceedings clause requires Congress to treat all citizens equally places. Voters later decide whether to adopt the proposed amendments of DISTRICT Judge requires. 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