JURISDICTION OF COURT OF CRIMINAL APPEALS. VACANCY IN JUDICIAL OFFICE. XVI, amended to redesignate as Sec. ), (TEMPORARY TRANSITION PROVISION for Sec. (5)-(9) and (11)-(13) amended Nov. 3, 1970; Subsecs. If you would like to locate a library book, access the library catalog. (g) added Nov. 4, 1997; Subsec. The Full Faith and Credit Clause requires states . Interim vacancies shall be filled in the same manner as vacancies due to expiration of a full term, but only for the unexpired portion of the term in question. 7a. (c) A majority of the total membership of the board constitutes a quorum for the transaction of business. 17: See Appendix, Note 3.). 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. Sec. More information on the Constitution of the State of Texas (1876) may be found at the Texas Constitutions 1824-1876 project of the Tarlton Law Library, Jamail Center for Legal Research at the University of Texas School of Law, the University of Texas at Austin. Sec. 9: See Appendix, Note 1.). 28: See Appendix, Note 3.). 9. The review tribunal, in an order for involuntary retirement for disability or an order for removal, may prohibit such person from holding judicial office in the future. (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. 14, Art. JURISDICTION OF JUSTICE OF THE PEACE COURTS; EX OFFICIO NOTARIES PUBLIC. Sec. The Texas Constitutional Convention of 1875 met in Austin with the purpose of replacing the Constitution of 1869; it was believed that the new constitution should restrict the state government and hand the power back to the people. The Constitution provides for the extradition of fugitives who have committed "treason, felony or other crime." (TEMPORARY TRANSITION PROVISION for Sec. Once the new Constitution went into effect, however, Congress admitted Vermont and Kentucky on equal terms and thereafter formalized the condition in its acts of admission for subsequent states, declaring that the new state enters "on an equal footing with the original States in all respects whatever." (TEMPORARY TRANSITION PROVISION for Sec. (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. (TEMPORARY TRANSITION PROVISION for Sec. Amended Nov. 2, 1954, and Nov. 2, 1993.). 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. 5: See Appendix, Note 3.). (13-a) added Nov. 2, 2021.) In a panel of three Judges, two Judges shall constitute a quorum and the concurrence of two Judges shall be necessary for a decision. The court shall have the power upon affidavit or otherwise to ascertain such matters of fact as may be necessary to the exercise of its jurisdiction. 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. (13) This Section 1-a is alternative to and cumulative of, the methods of removal of persons holding an office named in Paragraph A of Subsection (6) of this Section provided elsewhere in this Constitution. The Guarantee Clause mandates that United States guarantee that all states have a "republican form of government," though it does not define this term. 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. (Feb. 15, 1876. 6 Article 8 of the Texas Constitution deals with taxation and revenue. (13-a) The Commission may accept complaints or reports, conduct investigations, and take any other action authorized by this section with respect to a candidate for an office named in Subsection (6)(A) of this section in the same manner the Commission is authorized to take those actions with respect to a person holding that office. 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. RETIREMENT, COMPENSATION, DISCIPLINE, AND REMOVAL OF JUSTICES AND JUDGES; STATE COMMISSION ON JUDICIAL CONDUCT. (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 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. 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. 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. (TEMPORARY TRANSITION PROVISIONS for Sec. Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, Nov. 4, 1980, and Nov. 6, 2001.) (f) Nov. 6, 2001; Subsec. This clause, sometimes referred to as the Guarantee Clause, has long been at the forefront of the debate about the rights of citizens vis--vis the government. (TEMPORARY TRANSITION PROVISION for Sec. (h) Any judicial reapportionment order adopted by the board must be approved by a record vote of the majority of the membership of both the senate and house of representatives before such order can become effective and binding. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? 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. Sec. d. Why cant systematic risk be diversified away? (TEMPORARY TRANSITION PROVISION for Sec. (TEMPORARY TRANSITION PROVISIONS for Sec. (TEMPORARY TRANSITION PROVISION for Sec. (11) The Supreme Court shall by rule provide for the procedure before the Commission, Masters, review tribunal, and the Supreme Court. A Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule. 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. 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. However, the Commission may issue a public statement through its executive director or its Chairman at any time during any of its proceedings under this Section when sources other than the Commission cause notoriety concerning a Judge or the Commission itself and the Commission determines that the best interests of a Judge or of the public will be served by issuing the statement. The County Court shall hold terms as provided by law. Until otherwise provided, the terms of the County Court shall be held on the first Mondays in February, May, August and November, and may remain in session three weeks. (a), (c), and (e) amended Nov. 2, 1999.) (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. 12. These rulings have helped shape public opinion among Puerto Ricans during the ongoing debate over the commonwealth's political status. 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. The Court held. To put restrictions on the power of government in the body of the document, making it difficult to change over time. 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. the number of securities in the portfolio? The seeming ambiguity of the clause has given rise to a number of different interpretations. JUDICIAL DISTRICTS BOARD; REAPPORTIONMENT OF JUDICIAL DISTRICTS. The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the district and other inferior courts thereto. Log in. In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. 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. When a judge of the District Court is disqualified by any of the causes above stated, the parties may, by consent, appoint a proper person to try said case; or upon their failing to do so, a competent person may be appointed to try the same in the county where it is pending, in such manner as may be prescribed by law. Commissioners may succeed themselves in office only if having served less than three (3) consecutive years. Sec. Yet, the principle it establishes, that the powers of government . A majority of such voters, however, voting at such election, may remove a county seat from a point more than five miles from the geographical centre of the county to a point within five miles of such centre, in either case the centre to be determined by a certificate from the Commissioner of the General Land Office. (b) amended Nov. 2, 2021.) A republican form of government is distinguished from a direct democracy, which the Founding Fathers had no intentions of entering. 14. TERM OF OFFICE OF JUDGES OF COUNTY-WIDE COURTS AND OF CRIMINAL DISTRICT ATTORNEYS. The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President,) and Judicial (Federal court system). (Feb. 15, 1876. (TEMPORARY TRANSITION PROVISION for Sec. Article 4 of the Texas Constitution describes the executive department (branch) of Texas. Which idea is contained in both the US and Texas Constitutions? (b) Each district judge shall be elected by the qualified voters at a General Election. COUNTY COURT: TERMS, PROSECUTIONS, AND JURIES. (a) The Court of Criminal Appeals shall consist of eight Judges and one Presiding Judge. Amended Nov. 2, 1954; Subsecs. The project includes digitized images and searchable text versions of the constitutions. No person held to service or labor 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 labor, but shall be delivered up on claim of the party to whom such service or labor may be due. 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. 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. (TEMPORARY TRANSITION PROVISION for Sec. (c) The Legislature shall provide for the holding of an election in each county proposing the creation of an Authority to be called by the Commissioners Court or Commissioners Courts, as the case may be, upon petition of five per cent (5%) of the qualified voters within the county or counties. The legislature may delegate any of these powers to the board. (a) The Judicial Districts Board is created to reapportion the judicial districts authorized by Article V, Section 7, of this constitution. The elections must be held on the same day if more than one county is included. The Legislature shall provide for transfer of title to properties to the district. [3] There is no constitutional requirement that extradited fugitives be tried only for the crimes named in the extradition proceedings. 4. The legislature by general or special law may provide for the creation, establishment, maintenance, and operation of hospital districts located wholly in a county with a population of 75,000 or less, according to the most recent federal decennial census, and may authorize the commissioners court to levy a tax on the ad valorem property located in the district for the support and maintenance of the district. When the judge of the County Court is disqualified in any case pending in the County Court the parties interested may, by consent, appoint a proper person to try said case, or upon their failing to do so a competent person may be appointed to try the same in the county where it is pending in such manner as may be prescribed by law. CLERKS OF APPELLATE COURTS. COUNTY FACILITIES FOR INDIGENT INHABITANTS. If you have any trouble with our navigation menu, we recommend you use our site map for navigation. 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. 3-c. JURISDICTION OF SUPREME COURT. (e) and (f) added Nov. 3, 1987; Subsecs. Texans to decide whether to update their aging constitution. (Added Nov. 2, 1948; Subsecs. 13. The doctrine, however, can also be applied to the detriment of states, as occurred with Texas. Sec. COURTS OF APPEALS; JUSTICES; JURISDICTION. [21] The utility company claimed that the use of referendums, as a form of direct democracy, violated the republican form of government clause, which permits only a representative democracy. The Supreme Court has held that it is not compulsory for the fugitive to have fled after an indictment was issued, but only that the fugitive fled after having committed the crime. 5a. 21. reference to the US were replaced with references to the Confederacy. DIVISION OF COUNTIES INTO PRECINCTS; JUSTICES OF THE PEACE AND CONSTABLES; COUNTY COMMISSIONERS AND COUNTY COMMISSIONERS COURT. 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. The Guarantee Clause mandates that all U.S. states must be grounded in republican principles such as the consent of the governed. The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. Sec. As free states sought to undermine the federal law, the even more severe Fugitive Slave Act of 1850 was enacted. Any person holding an office specified in this subsection may be suspended from office with or without pay by the Commission immediately on being indicted by a State or Federal grand jury for a felony offense or charged with a misdemeanor involving official misconduct. 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 legislature shall provide for the necessary expenses of the board. The Luther v. Borden ruling left the responsibility to establish guidelines for the republican nature of state governments in the hands of the Congress. Article 4 of the Texas constitution creates a plural executive, specifying_______distinct offices in the executive branch. 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. 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