article 4 of the texas constitution creates quizlet

Texas Constitution Braden's Annotated Texas Constitution Guide to Historical Texas Constitutions. (Feb. 15, 1876. a. ", List of U.S. states by date of admission to the Union, Pacific States Telephone and Telegraph Co. v. Oregon, List of states and territories of the United States, "Common Interpretation: The Admissions Clause", "Essays on Article IV: New States Clause", "Federal Land Ownership: Overview and Data", "Essays on Article VII: Ratification Clause". JURISDICTION OF COURT OF CRIMINAL APPEALS. A major issue early in the 20th century was whether the whole Constitution applied to the territories called insular areas by Congress. 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. Commissioners of classes (i), (ii), (vii), and (viii) above shall be chosen by the Supreme Court with advice and consent of the Senate, those of class (iii) by the Board of Directors of the State Bar under regulations to be prescribed by the Supreme Court with advice and consent of the Senate, those of class (iv) by appointment of the Governor with advice and consent of the Senate, and the commissioners of classes (v) and (vi) by appointment of the Supreme Court as provided by law, with the advice and consent of the Senate. Any person holding an office named in Paragraph A of this subsection who is eligible for retirement benefits under the laws of this state providing for judicial retirement may be involuntarily retired, and any person holding an office named in that paragraph who is not eligible for retirement benefits under such laws may be removed from office, for disability seriously interfering with the performance of his duties, which is, or is likely to become, permanent in nature. gov.texas.gov. 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. (TEMPORARY TRANSITION PROVISION for Sec. "The Rule of Law and the States: A New Interpretation of the Guarantee Clause. In Corfield the circuit court sustained a New Jersey law giving state residents the exclusive right to gather clams and oysters. 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. 11: See Appendix, Note 3.). Can you connect this to postpurchase dissonance? Sec. (a) amended Nov. 2, 1999.) Pa. 1823), the federal circuit court held that privileges and immunities in respect of which discrimination is barred include. (TEMPORARY TRANSITION PROVISION for Sec. (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. The Supreme Court has held that the Constitution requires all states to be admitted on an equal footing, though the Admissions Clause does not expressly include this requirement. If the tax is authorized by the legislature and approved by the voters of the area to be taxed, the Amarillo Hospital District shall, by resolution, assume the responsibilities, obligations, and liabilities of Randall County in accordance with Subsection (a) of this section and, except as provided by this subsection, Randall County may not levy taxes or issue bonds for hospital purposes or for providing hospital care for needy inhabitants of the county. Amended Aug. 11, 1891, Aug. 25, 1945, Nov. 4, 1980, and Nov. 6, 2001; Subsec. The Governor of Texas heads the state government of Texas. 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. Sec. 1-a: See Appendix, Note 3.). 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. The Constitution of the United States contains a preamble and seven articles that describe the way the government is structured and how it operates. The Court and the Judges thereof shall have the power to issue such other writs as may be necessary to protect its jurisdiction or enforce its judgments. (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. 1. The practice and procedures relating to the use of indictments and informations, including their contents, amendment, sufficiency, and requisites, are as provided by law. The District Court shall have appellate jurisdiction and general supervisory control over the County Commissioners Court, with such exceptions and under such regulations as may be prescribed by law. The Luther v. Borden ruling left the responsibility to establish guidelines for the republican nature of state governments in the hands of the Congress. (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 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. Sec. The Legislative Reference Library has a constitutional amendment search and the Texas Legislative Council offers a table of constitutional amendments since 1876 [PDF]. CREATION AND FUNDING OF HOSPITAL DISTRICT IN COUNTY COMMISSIONERS PRECINCT NO. Sec. The Full Faith and Credit Clause requires states to extend "full faith and credit" to the public acts, records and court proceedings of other states. Portion of the US Constitution regarding states, Article Four of the United States Constitution, Smith, Thomas A. 4 OF COMANCHE COUNTY. With a majority vote, the amendment is ratified. [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. (c) The Legislature may by law authorize the creation of a hospital district within Jefferson County, the boundaries of which shall include only the area comprising the Jefferson County Drainage District No. 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. Who were the framers of the Constitution? 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. What role do you feel Hyundai's 10-year, 100,000 -mile warranty played in its turnaround? Anna M. Tinsley. Why is some risk not diversifiable? The seeming ambiguity of the clause has given rise to a number of different interpretations. 3-c. Its jurisdiction shall be coextensive with the limits of the State and its determinations shall be final except in criminal law matters. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. 6: See Appendix, Note 3.). 1. (c) When the boundaries of justice of the peace and constable precincts are changed, each Justice and Constable in office on the effective date of the change, or elected to a term of office beginning on or after the effective date of the change, shall serve in the precinct in which the person resides for the term to which each was elected or appointed, even though the change in boundaries places the person's residence outside the precinct for which he was elected or appointed, abolishes the precinct for which he was elected or appointed, or temporarily results in extra Justices or Constables serving in a precinct. The legislature may delegate any of these powers to the board. (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. 14 repealed Nov. 5, 1985; current Sec. A Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule. 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. 8, Art. By the end of this section, you will be able to: This section discussesthe Constitution of 1876s role in Texas. 6: See Appendix, Note 1.). (12) No person holding an office specified in Subsection (6) of this Section shall sit as a member of the Commission in any proceeding involving his own suspension, discipline, censure, retirement or removal. 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. 1-A. (Feb. 15, 1876. 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. 6 Article 8 of the Texas Constitution deals with taxation and revenue. Others suggest that citizens of states carry the rights accorded by their home states while traveling in other states. In modifying any judicial district, no county having a population as large or larger than the population of the judicial district being reapportioned shall be added to the judicial district. 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 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. Sec. The accused cannot defend himself against the charges in the extraditing state; the fugitive must do so in the state receiving him. The presentment of an indictment or information to a court invests the court with jurisdiction of the cause. 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. (a) The legislature shall prescribe by law the qualifications of grand jurors and petit jurors. If the Directors are appointed such appointment shall be made by the County Commissioners Court after consultation with and consent of the governing body or bodies of such city or cities. If the Judicial Districts Board fails to make a statewide apportionment by that date, the Legislative Redistricting Board established by Article III, Section 28, of this constitution shall make a statewide reapportionment of the judicial districts not later than the 150th day after the final day for the Judicial Districts Board to make the reapportionment. Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.). Sec. Voter turnout for the constitutional amendment elections could be improved if: they were held at the same time as presidential elections. A political crisis in 1840s Rhode Island, the Dorr Rebellion, forced the Supreme Court to rule on the meaning of this clause. Except where otherwise noted, content on this site is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License. (a) The supreme court and the court of criminal appeals have jurisdiction to answer questions of state law certified from a federal appellate court. 4: See Appendix, Note 1.). For instance the Supreme Court struck down a provision which limited the jurisdiction of the state of Alabama over navigable waters within the state. (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. (Feb. 15, 1876. Which clause of the US Constitution states that the Constitution and laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state? A district may not be created or a tax levied unless the creation and tax are approved by a majority of the registered voters who reside in the district. (f) deleted, and Subsec. 1. As James Madison wrote in Federalist No. 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. And it was final. 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. 9B. Any county now existing may be reduced to an area of not less than seven hundred square miles by a like two-thirds vote. (TEMPORARY TRANSITION PROVISION for Sec. -any person deemed mentally incompetent by the courts. (Feb. 15, 1876. The case prohibited the entering upon the public lands of the United States and removing wild burros under the New Mexico Estray Law.[16]. Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4, 1980, Nov. 5, 1985, and Nov. 6, 2001.) (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. 11: See Appendix, Note 1.). COURT OF CRIMINAL APPEALS; JUDGES. What determines who gets what? (a) The Court of Criminal Appeals shall consist of eight Judges and one Presiding Judge. Texas Democrats gained control of Congress in 1873 and decided it was time to draft a new constitution for Texas. 5. TRIAL BY JURY IN CIVIL CASES. (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. (TEMPORARY TRANSITION PROVISION for Sec. The Court of Criminal Appeals may appoint Commissioners in aid of the Court of Criminal Appeals as provided by law. (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. For more information about UELMA, please see the council . (3) The regular term of office of Commissioners shall be six (6) years; but the initial members of each of classes (i), (ii) and (iii) shall respectively be chosen for terms of four (4) and six (6) years, and the initial members of class (iiii) for respective terms of two (2), four (4) and six (6) years. There shall be established in each county in this State a County Court, which shall be a court of record; and there shall be elected in each county, by the qualified voters, a County Judge, who shall be well informed in the law of the State; shall be a conservator of the peace, and shall hold his office for four years, and until his successor shall be elected and qualified. 23. (8) amended Nov. 5, 2013; Subsec. Sec. Revision and Adaptation. In 1912, Luther was reaffirmed in Pacific States Telephone and Telegraph Co. v. (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. (Added Nov. 4, 1958; Subsecs. On this Wikipedia the language links are at the top of the page across from the article title. (TEMPORARY TRANSITION PROVISION for Sec. 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. The Guarantee Clause mandates that all U.S. states must be grounded in republican principles such as the consent of the governed. Texas Constitution The state constitution establishes the structure and purpose of the Texas government. At the time, the Rhode Island constitution was the old royal charter established in the 17th century. (Added Nov. 2, 1948; Subsecs. CLERKS OF APPELLATE COURTS. Authored by: Kris S. Seago. If an office of constable is declared dormant, the office may not be filled by election or appointment and the previous officeholder does not continue to hold the office under Subsection (a) of this section or Section 17, Article XVI, of this constitution. (TEMPORARY TRANSITION PROVISIONS for Sec. The Supreme Court and the Justices thereof shall have power to issue writs of habeas corpus, as may be prescribed by law, and under such regulations as may be prescribed by law, the said courts and the Justices thereof may issue the writs of mandamus, procedendo, certiorari and such other writs, as may be necessary to enforce its jurisdiction. (b) amended Nov. 2, 2021.) (a), (c), and (e) amended Nov. 2, 1999.) The Full Faith and Credit Clause requires states . Sec. (TEMPORARY TRANSITION PROVISION for Sec. Justify your answer. 5: See Appendix, Note 1. (Feb. 15, 1876. Sec. 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. (Added Nov. 6, 2001.) (a) The Legislature may by law authorize the creation of hospital districts in Ochiltree, Castro, Hansford and Hopkins Counties, each district to be coextensive with the limits of such county. No more than one (1) such election may be called in a county until after the expiration of one (1) year in the event such an election has failed, and thereafter only upon a petition of ten per cent (10%) of the qualified voters being presented to the Commissioners Court or Commissioners Courts of the county or counties in which such an election has failed. 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 Dollar ($100) valuation, and no election shall be required by subsequent changes in the boundaries of the Commissioners Precinct No. (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. Of HOSPITAL DISTRICT in COUNTY COMMISSIONERS PRECINCT NO limited the jurisdiction of the page across from Article! 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