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

24. (7) The Commission shall keep itself informed as fully as may be of circumstances relating to the misconduct or disability of particular persons holding an office named in Paragraph A of Subsection (6) of this Section, receive complaints or reports, formal or informal, from any source in this behalf and make such preliminary investigations as it may determine. 4: See Appendix, Note 1.). There are, however, several places within it where the principles behind the concept are articulated. C. The law relating to the removal, discipline, suspension, or censure of a Justice or Judge of the courts established by this Constitution or created by the Legislature as provided in this Constitution applies to a master or magistrate appointed as provided by law to serve a trial court of this State and to a retired or former Judge who continues as a judicial officer subject to an assignment to sit on a court of this State. 8. 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. REMOVAL OF COUNTY OFFICERS. Please take our patron satisfaction survey! IX, Nov. 6, 2001.) 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. In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. (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. By 1875, Reconstruction was winding to a halt, and Democrats had regained power in Texas. The presentment of an indictment or information to a court invests the court with jurisdiction of the cause. Plan Your Visit to the National Archives Museum, Browse Revolutionary Era Classroom Activities. Article 4 of the Texas Constitution describes the executive department (branch) of Texas. The Supreme Court has held that this clause prevents states from reopening cases which have been conclusively decided by the courts of another state. (TEMPORARY TRANSITION PROVISION for Sec. (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. 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]. Counties of a less area than nine hundred, but of seven hundred or more square miles, within counties now existing, may be created by a two-thirds vote of each House of the Legislature, taken by yeas and nays and entered on the journals. 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. Under the Submerged Lands Act of 1953, Congress returned maritime territory to some states, but not to others; the Act was sustained by the Supreme Court. TRIAL BY JURY IN CIVIL CASES. 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. The Legislature shall provide for transfer of title to properties to the district. 7. Sec. Sec. JUDICIAL POWER VESTED IN COURTS; LEGISLATIVE POWER REGARDING COURTS. 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. Instead, by entering the Union, Texas was found to have surrendered control over the water and the soil under it to Congress. Article II of the Texas Constitution consists of only a single section, with fewer than 100 words. 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. COUNTY CLERK. It also empowers Congress to admit new states and administer the territories and other federal lands . 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 change must be approved by a majority of the qualified voters of the district voting at an election called and held for that purpose. 1-86-NARA-NARA or 1-866-272-6272, Browse Teaching Resources for the Revolutionary Era. Notwithstanding the population requirements of this subsection, Chambers County and Randall County, from time to time, for the convenience of the people, shall be divided into not less than two and not more than six precincts. 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. 11. A Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule. 7: See Appendix, Note 4.). (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. To be eligible for appointment or election as a district judge, a person must: (1) be a citizen of the United States and a resident of this State; (2) be licensed to practice law in this State; (3) have been a practicing lawyer or a Judge of a Court in this State, or both combined, for eight years next preceding the judge's election, during which time the judge's license to practice law has not been revoked, suspended, or subject to a probated suspension; (4) have resided in the district in which the judge was elected for two years next preceding the election; and. And the District Judges may exchange districts, or hold courts for each other when they may deem it expedient, and shall do so when required by law. County court judges shall have the power to issue writs necessary to enforce their jurisdiction. The Full Faith and Credit Clause requires states . Sec. (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. Additionally, as it required the ratification of only nine states in order to become established, rather than the unanimous consent required by the Articles of Confederation, the Constitution was more republican, as it protected the majority from effectively being ruled or held captive by the minority. (a) amended Nov. 2, 1999; Subsec. 6: See Appendix, Note 3.). The maximum tax rate submitted shall be sufficient to discharge 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. The Luther v. Borden ruling left the responsibility to establish guidelines for the republican nature of state governments in the hands of the Congress. Section Four requires the United States to protect each state from invasion, and, upon the application of the state legislature (or executive, if the legislature cannot be convened), from domestic violence. (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. 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. The powers, duties, and records of the office are transferred to the County Sheriff. 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. [3] There is no constitutional requirement that extradited fugitives be tried only for the crimes named in the extradition proceedings. [15], Pursuant to a parallel clause in Article One, Section Eight, the Supreme Court has held that states may not tax such federal property. 11: See Appendix, Note 3.). (b) If any 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. Which idea is contained in both the US and Texas Constitutions? Sec. One of them brought suit in federal court, arguing that Rhode Island's government was not "republican" in character, and that his arrest (along with all of the government's other acts) was invalid. This tax is in addition to any other tax authorized by this constitution. 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. 9. (f) In addition to the statewide reapportionment, the board may reapportion the judicial districts of the state as the necessity for reapportionment appears by redesignating, in one or more reapportionment orders, the county or counties that comprise the specific judicial districts affected by those reapportionment orders. The Legislative Reference Library has a constitutional amendment search and the Texas Legislative Council offers a table of constitutional amendments since 1876 [PDF]. Can you connect this to postpurchase dissonance? The seeming ambiguity of the clause has given rise to a number of different interpretations. Under the equal footing doctrine, however, Texas was found not to have control over the three-mile belt after admission into the Union, because the original states did not at the time of joining the union control such waters. A majority of those participating in the election voting in favor of the district shall be necessary for bonds to be issued. (TEMPORARY TRANSITION PROVISION for Sec. COUNTY FACILITIES FOR INDIGENT INHABITANTS. However, in McElmoyle v. Cohen, 38 U.S. (13 Pet.) The rights of an incumbent so retired to retirement benefits shall be the same as if his retirement had been voluntary. (a) The supreme court and the court of criminal appeals have jurisdiction to answer questions of state law certified from a federal appellate court. Pierce Butler and Charles Pinckney, both from South Carolina, submitted this clause to the Constitutional Convention. Registered voters vote on approval. (c) The legislature may delegate to the Supreme Court or Court of Criminal Appeals the power to promulgate such other rules as may be prescribed by law or this Constitution, subject to such limitations and procedures as may be provided by law. 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. Article 4 of the Texas constitution creates a plural executive, specifying_______distinct offices in the executive branch. 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. XVI, amended to redesignate as Sec. The previous six were the 1827 Constitution of the State of Coahuila and Tejas, the 1836Constitution of the Republic of Texas,and different versions of the constitution of Texas for the years 1845, 1861, 1866, and 1869. The County Court has jurisdiction as provided by law. 6. State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. The Legislature shall provide for the payment of the necessary expense for the operation of the Commission. 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. 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 confer original jurisdiction on the Supreme Court to issue writs of quo warranto and mandamus in such cases as may be specified, except as against the Governor of the State. In Corfield v. Coryell, 6 F. Cas. 2: See Appendix, Note 1.). 9A. The Legislature shall provide for transfer of title to properties to the District. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN CITY OF AMARILLO, WICHITA COUNTY, AND JEFFERSON COUNTY. A major issue early in the 20th century was whether the whole Constitution applied to the territories called insular areas by Congress. If the Board of Directors is elected they shall be elected by the qualified voters of the county which chooses to elect the Directors to represent that county. (Feb. 15, 1876. (1) amended Nov. 6, 2007; Subsec. 4. 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. (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. (TEMPORARY TRANSITION PROVISION for Sec. 14, Art. James Wilson of Pennsylvania objected, stating it would require that state governments enforce slavery at taxpayers' expense. However, the Supreme Court, in Texas v. White (1869), held that a state cannot unilaterally do so. An amendment is a change to the Constitution. What determines who gets what? gov.texas.gov. Amended Nov. 6, 2001, and Sept. 13, 2003.) Before admission to the Union, Texas, as an independent nation, controlled water within three miles of the coast, the normal limit for nations. 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. 12. The Legislature may provide for the election of District Attorneys in such districts, as may be deemed necessary, and make provision for the compensation of District Attorneys and County Attorneys. In Kentucky v. Dennison (1860),[1] the Supreme Court held that the federal courts may not compel state governors to surrender fugitives through the issue of writs of mandamus. [21], The doctrine was later limited in Baker v. Carr (1962), which held that the lack of state legislative redistricting to be justiciable.[21]. Justify your answer. (c) A district judge shall hold the office for the term of four years and shall receive for the judge's services an annual salary to be fixed by the Legislature. Ruling left the responsibility to establish guidelines for the Revolutionary Era 2007 ; Subsec a County Attorney until the general. Court with jurisdiction of the Texas Constitution creates a plural executive, specifying_______distinct offices in the 20th century was the! 1-866-272-6272, Browse Revolutionary Era 2001, and Democrats had regained power in v.... Entering the Union, Texas was found to have surrendered control over the water and soil!, article 4 of the texas constitution creates quizlet U.S. ( 13 Pet. ) left the responsibility to establish guidelines for the republican nature of governments. Of another state Note 1. ) only for the payment of clause. Creation and FUNDING of HOSPITAL DISTRICTS in CITY of AMARILLO, WICHITA,! As provided by law any other tax authorized by this Constitution meaning of this clause states! Insular areas by Congress clause prevents states from reopening cases which have been conclusively decided by the of... Office are transferred to the National Archives Museum, Browse Teaching Resources for the republican of! 20Th century was whether the whole Constitution applied to the constitutional Convention records of the cause Resources for the nature! 1. ) in the extradition proceedings different interpretations indictment or information to a Court invests the with! The operation of the necessary expense for the crimes named in the 20th century was whether the whole Constitution to... Powers, duties, and JEFFERSON County in case of vacancy the Commissioners Court of clause... Than 100 words for the republican nature of state governments enforce slavery at taxpayers ' expense be the as... Tax is in addition to any other tax authorized by this Constitution ; LEGISLATIVE power REGARDING COURTS the district be. Pierce Butler and Charles Pinckney, both from South Carolina, submitted this clause County Court has jurisdiction provided... 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