article 4 of the texas constitution creates quizlet

Under the current Texas Constitution, there are ___ members in the Senate and ___ members in the House. Each county in the State with a population of 18,000 or more but less than 50,000, according to the most recent federal census, from time to time, for the convenience of the people, shall be divided into not less than two and not more than eight precincts. 21. Judicial districts smaller in size than the entire county may be created subsequent to a general election where a majority of the persons voting on the proposition adopt the proposition "to allow the division of ___________ County into judicial districts composed of parts of ___________ County." 7: See Appendix, Note 4.). (a), (c), and (e) amended Nov. 2, 1999.) The Constitution does not explain what exactly constitutes a republican form of government. 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. The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. 4: See Appendix, Note 1.). 9: See Appendix, Note 1.). 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. October 8, 2018. However, on the next day the clause was quietly reinstated and adopted by the Convention without objection. Sec. The Presiding Judge, under rules established by the court, shall convene the court en banc for the transaction of all other business and may convene the court en banc for the purpose of hearing cases. Amended Nov. 7, 1978, and Nov. 5, 1985.). (Feb. 15, 1876. 3a: See Appendix, Note 3.). The doctrine, however, can also be applied to the detriment of states, as occurred with Texas. SHERIFFS. COURT OF CRIMINAL APPEALS; JUDGES. 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. In addition, the Court of Criminal Appeals may, on its own motion, review a decision of a Court of Appeals in a criminal case as provided by law. 23. 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. Yet, the principle it establishes, that the powers of government . For more information about UELMA, please see the council . 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. ", 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". Sec. 4: See Appendix, Note 3.). 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. [18], The Federalist Papers also gives some insight as to the intent of the Founders. Texas Democrats gained control of Congress in 1873 and decided it was time to draft a new constitution for Texas. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN OCHILTREE, CASTRO, HANSFORD, AND HOPKINS COUNTIES. (a) The Judicial Districts Board is created to reapportion the judicial districts authorized by Article V, Section 7, of this constitution. Grand juries empaneled in the District Courts shall inquire into misdemeanors, and all indictments therefor returned into the District Courts shall forthwith be certified to the County Courts or other inferior courts, having jurisdiction to try them for trial; and if such indictment be quashed in the County, or other inferior court, the person charged, shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit. The Legislature shall provide for transfer of title to properties to the district. 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. Why is the Texas Constitution So Dang Long? 19. The County Judge is the presiding officer of the County Court and has judicial functions as provided by law. Groups Theory & Practice - Study Set (Groups, Christina Dejong, Christopher E. Smith, George F Cole, Government in America: Elections and Updates Edition, George C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry. 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. 8. (TEMPORARY TRANSITION PROVISION for Sec. Texans to decide whether to update their aging constitution. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. These rulings have helped shape public opinion among Puerto Ricans during the ongoing debate over the commonwealth's political status. (c) Subject to such regulations as may be prescribed by law, the Court of Criminal Appeals and the Judges thereof shall have the power to issue the writ of habeas corpus, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and certiorari. 11: See Appendix, Note 1.). a. JUROR QUALIFICATIONS. It also forbids the creation of new states from parts of existing states without the consent of the affected states and Congress. (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. 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. With a majority vote, the amendment is ratified. The adoption of a reapportionment order requires a majority vote of the total membership of the board. They differed from provisions in the 1827 Constitution of Coahuila y Tejas. (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. (a) The Legislature may by law authorize the creation of a Hospital District to be co-extensive with the limits of County Commissioners Precinct No. QUESTIONS OF STATE LAW CERTIFIED FROM FEDERAL APPELLATE COURT. 10. (TEMPORARY TRANSITION PROVISION for Sec. Sec. The appeal of all other criminal cases shall be to the Courts of Appeal as prescribed by law. 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. Table 2.2 Articles of the Texas Constitution of 1876, The Texas Constitution's Bill of Rights Similar civil liberties and civil rights as in the U.S. Constitutions Bill of Rights, Establishes three branches of government with separation of powers, Specifics about the Texas Judicial system, -any convicted felon who has not completed their sentence, or. 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. (a) The Court of Criminal Appeals shall consist of eight Judges and one Presiding Judge. (1) amended Nov. 6, 2007; Subsec. Therefore, under the Territorial clause, Congress had the power to determine which parts of the Constitution applied to the territories. 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. The Property Clause grants Congress the power to make laws for the territories and other federal lands. An Airport Authority may be created and be composed of the county or counties that vote in favor of its creation if separate propositions are submitted to the voters of each county so that they may vote for a two or more county Authority or a single county Authority. At the time, the Rhode Island constitution was the old royal charter established in the 17th century. (Added Nov. 8, 1960; Subsec. As free states sought to undermine the federal law, the even more severe Fugitive Slave Act of 1850 was enacted. 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 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. Amended Nov. 6, 2001, and Sept. 13, 2003.) [5] This clause was rendered mostly moot when the Thirteenth Amendment abolished slavery. Who were the framers of the Constitution? 3: See Appendix, Note 3. 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. 5b. (b) No person shall be eligible to serve in the office of Chief Justice or Justice of the Supreme Court unless the person: (1) is licensed to practice law in the State of Texas; (2) is, at the time of election, a citizen of the United States and a resident of the State of Texas; (3) has attained the age of thirty-five years; (A) a practicing lawyer licensed in the State of Texas for at least ten years; or, (B) a practicing lawyer licensed in the State of Texas and judge of a state court or county court established by the Legislature by statute for a combined total of at least ten years; and. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN CITY OF AMARILLO, WICHITA COUNTY, AND JEFFERSON COUNTY. 4. 546 (C.C.E.D. On the filing of a sworn complaint charging a person holding such office with willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful and persistent conduct that is clearly inconsistent with the proper performance of his duties or casts public discredit on the judiciary or on the administration of justice, the Commission, after giving the person notice and an opportunity to appear and be heard before the Commission, may recommend to the Supreme Court the suspension of such person from office. (TEMPORARY TRANSITION PROVISIONS for Sec. The Legislature may enact any laws not inconsistent with this Section which it may deem necessary to permit said counties to implement, enforce and administer the provisions contained herein. (a) Each county in the State with a population of 50,000 or more, according to the most recent federal census, from time to time, for the convenience of the people, shall be divided into not less than four and not more than eight precincts. 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. There was no place for reconsideration, or revocation, except through revolution, or through consent of the States. 4 of Comanche County at the time such levy is made for such purposes. Some examples of how the government was restricted were: The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015)3. 12. Since the 1987 case of Puerto Rico v. Branstad, federal courts may also use the Extradition Clause to require the extradition of fugitives. (Former Sec. 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. 14: See Appendix, Note 3. Texans to decide whether to update their aging Constitution 2003. ) of states, as occurred with Texas,... New Constitution for Texas ( 1 article 4 of the texas constitution creates quizlet amended Nov. 6, 2001, and Nov. 5, 1985..... States from parts of the states powers of government, 1978, and ( e ) amended Nov. 7 1978. 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