article 4 of the texas constitution creates quizlet

4. JURISDICTION OF DISTRICT COURTS. 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. The doctrine, however, can also be applied to the detriment of states, as occurred with Texas. What is the principle of diversification? Any county now existing may be reduced to an area of not less than seven hundred square miles by a like two-thirds vote. Registered voters vote on approval. Copyright 2023 by the Texas State Law Library. 14: See Appendix, Note 3. 5b: See Appendix, Note 3.). Can you connect this to postpurchase dissonance? ). A Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule. The Luther v. Borden ruling left the responsibility to establish guidelines for the republican nature of state governments in the hands of the Congress. The commissioners court shall call an election to reinstate the office if the commissioners court receives a petition signed by at least 10 percent of the qualified voters of the precinct. 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. (a) amended Nov. 5, 1985, Nov. 3, 1987, and Nov. 7, 1995; Subsecs. The vote in the House was 69 for repeal and 38 against, which was short of the two-to-one vote required to amend the Constitution. 9A. Said court shall dispose of probate business either in term time or vacation, under such regulation as may be prescribed by law. Any person holding such office may be disciplined or censured, in lieu of removal from office, as provided by this section. 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. (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. A political crisis in 1840s Rhode Island, the Dorr Rebellion, forced the Supreme Court to rule on the meaning of this clause. The current governor is Greg Abbott, who took office in 2015. 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. (c) All constitutional and statutory references to the Courts of Civil Appeals shall be construed to mean the Courts of Appeals. COUNTY FACILITIES FOR INDIGENT INHABITANTS. County judges, county attorneys, clerks of the district and county courts, justices of the peace, constables, and other county officers, may be removed by the judges of the district courts for incompetency, official misconduct, habitual drunkenness, or other causes defined by law, upon the cause therefor being set forth in writing and the finding of its truth by a jury. Oregon. Should the Legislature enact legislation in anticipation of the adoption of this amendment, such legislation shall not be invalid by reason of its anticipatory character. The appeal of all other criminal cases shall be to the Courts of Appeal as prescribed by law. The Guarantee Clause mandates that all U.S. states must be grounded in republican principles such as the consent of the governed. [8], At the 1787 Constitutional Convention, a proposal to include the phrase, "new States shall be admitted on the same terms with the original States", was defeated. 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 PROVISION for Sec. (Feb. 15, 1876. 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. (a), (c), and (e) amended Nov. 2, 1999.) 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. 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. The project includes digitized images and searchable text versions of the constitutions. Butler withdrew the clause. 7. (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. 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. Section 3. 14: see Appendix, Note 3.). (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. 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. d. Why cant systematic risk be diversified away? The Justices shall have the qualifications prescribed for Justices of the Supreme Court. (Feb. 15, 1876. USA.gov, The U.S. National Archives and Records Administration Amended Aug. 11, 1891, Nov. 6, 1973, and Nov. 5, 1985.). They seized the opportunity to undo the hated 1869 acts. The court must sit en banc during proceedings involving capital punishment and other cases as required by law. 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. (a) amended Nov. 2, 1999; Subsec. 11. 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. (Feb. 15, 1876. 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. [20] In Pacific States, a utility company challenged an Oregon tax law passed by a referendum, as opposed to the ordinary legislative process. 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. 17: See Appendix, Note 3.). 5a: See Appendix, Note 3.). Justify your answer. 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. 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. Article 4 of the Texas Constitution describes the executive department (branch) of Texas. For instance the Supreme Court struck down a provision which limited the jurisdiction of the state of Alabama over navigable waters within the state. Amended Aug. 11, 1891, and Nov. 5, 1985.). 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 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. Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law. 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. The motives of the governor demanding the extradition may not be questioned. Amended Aug. 11, 1891, and Nov. 6, 2001.) (Added Nov. 6, 1962; amended Nov. 8, 1966, and Nov. 7, 1989.). 5: See Appendix, Note 3.). Each county in the State may provide, in such manner as may be prescribed by law, a Manual Labor Poor House and Farm, for taking care of, managing, employing and supplying the wants of its indigent and poor inhabitants. (Former Sec. (Added Aug. 14, 1883; amended Nov. 6, 2001.) The Admissions Clause grants Congress the authority to admit new states, but forbids the creation of new states from parts of existing states without the consent of the affected states. They differed from provisions in the 1827 Constitution of Coahuila y Tejas. October 8, 2018. The property of state regulated common carriers required by law to pay a tax upon intangible assets shall not be subject to taxation by the Authority. COURT ADMINISTRATION AND RULE-MAKING AUTHORITY. The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" (Article I, section 2) and "the Senate shall have the sole Power to try all Impeachments [but] no person shall be convicted without the Concurrence of two-thirds of the Members present" (Article I, section 3).The president, vice president, and all civil officers of the United . CREATION AND MODIFICATION OF COUNTIES. Sec. JURISDICTION OF COURT OF CRIMINAL APPEALS. 12: See Appendix, Note 1.). 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