article 4 of the texas constitution creates quizlet

Article 4 of the Texas constitution creates a plural executive, specifying_______distinct offices in the executive branch. 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. Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law. In the trial of all causes in the district courts, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury; but no jury shall be empaneled in any civil case unless demanded by a party to the case, and a jury fee be paid by the party demanding a jury, for such sum, and with such exceptions as may be prescribed by the Legislature. (i) The legislature, the Judicial Districts Board, or the Legislative Redistricting Board may not redistrict the judicial districts to provide for any judicial district smaller in size than an entire county except as provided by this section. 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. Each Court of Appeals shall designate one of its members for inclusion in the list from which the selection is made. A major issue early in the 20th century was whether the whole Constitution applied to the territories called insular areas by Congress. restrict the power of the government in order to keep any governor from being as powerful as Edmund J. Davis, who served under the Reconstruction Constitution of 1869. in Article 1 of the Constitution, demonstrating the authors' commitment to limiting the way political power is used to keep it from being abused. (d) Should the Legislature enact enabling laws in anticipation of the adoption of this amendment, such Acts shall not be invalid because of their anticipatory character. (g) (Redesignated as Subsec. The Constitution of the United States contains a preamble and seven articles that describe the way the government is structured and how it operates. 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. Clause Two requires that fugitives from justice may be extradited on the demand of executive authority of the state from which they fled. [15], Pursuant to a parallel clause in Article One, Section Eight, the Supreme Court has held that states may not tax such federal property. (4) Commissioners shall receive no compensation for their services as such. If you have any trouble with our navigation menu, we recommend you use our site map for navigation. In addition, the constitutional provisions found on this website comply with the Uniform Electronic Legal Material Act (UELMA) and are current through the amendments approved by voters in May 2022. 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. The legislature may delegate any of these powers to the board. 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. It was feared that the political power of future new western states would eventually overwhelm that of the established eastern states. A division or designation under this subsection shall be made by the Commissioners Court provided for by this Constitution. On this Wikipedia the language links are at the top of the page across from the article title. During the constitutional convention held November 1865. fundamental freedoms and rights were granted to newly free former slaves. Sec. (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. (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. (g) Any such Authority when created may be granted the power and authority to promulgate, adopt and enforce appropriate zoning regulations to protect the airport from hazards and obstructions which would interfere with the use of the airport and its facilities for landing and take-off. What happens to the standard deviation of return for a portfolio if we increase 12: See Appendix, Note 1.). (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. James Wilson of Pennsylvania objected, stating it would require that state governments enforce slavery at taxpayers' expense. The case prohibited the entering upon the public lands of the United States and removing wild burros under the New Mexico Estray Law.[16]. 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. Sec. 5. 546 (C.C.E.D. [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. OFFICERS CONSTITUTING EXECUTIVE DEPARTMENT. 31. Sec. However, in McElmoyle v. Cohen, 38 U.S. (13 Pet.) 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. 17. (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. Sec. 11. (TEMPORARY TRANSITION PROVISION for Sec. Find out from TexPlainer at the Texas Tribune. 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. ), (TEMPORARY TRANSITION PROVISIONS for Sec. The Legislature shall provide for the payment of the necessary expense for the operation of the Commission. Sec. (TEMPORARY TRANSITION PROVISIONS for Sec. The records of an office of constable declared dormant are transferred to the county clerk of the county. 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." (Feb. 15, 1876. 3-b. (a) The Supreme Court is responsible for the efficient administration of the judicial branch and shall promulgate rules of administration not inconsistent with the laws of the state as may be necessary for the efficient and uniform administration of justice in the various courts. (8) amended Nov. 5, 2013; Subsec. 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. Justices of the peace shall be ex officio notaries public. 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. (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. Voter turnout for the constitutional amendment elections could be improved if: they were held at the same time as presidential elections. Log in. (g) redesignated as Subsec. 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. (h) An additional county or counties may be added to an existing Authority if a petition of five per cent (5%) of the qualified voters is filed with and an election is called by the Commissioners Court of the county or counties seeking admission to an Authority. REMOVAL OF COUNTY SEATS. 7. The Constitution of 1845 included which of the following elements? (TEMPORARY TRANSITION PROVISIONS for Sec. 27: See Appendix, Note 3.). (c) Said Justices shall be elected (three of them each two years) by the qualified voters of the state at a general election; shall hold their offices six years; and shall each receive such compensation as shall be provided by law. There was no place for reconsideration, or revocation, except through revolution, or through consent of the States. Since 1876, the legislature has proposed hundreds of amendments, the majority of which have been adopted by voters. In case of vacancy, the Judge of the District Court shall have the power to appoint a Clerk, who shall hold until the office can be filled by election. [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. No county shall have less than one (1) member on the Board of Directors. 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. The doctrine, however, can also be applied to the detriment of states, as occurred with Texas. 2: See Appendix, Note 1.). 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. (TEMPORARY PROVISION for Sec. 5b: See Appendix, Note 3.). The review tribunal shall review the record of the proceedings on the law and facts and in its discretion may, for good cause shown, permit the introduction of additional evidence. While the Supreme Court's holding in Luther v. Borden still holds today, the Court, by looking to the Equal Protection Clause of the Fourteenth Amendment (adopted 19 years after Luther v. Borden was decided), has developed new criteria for determining which questions are political in nature and which are justiciable. Texas utilizes a "plural executive" which means the power of the Governor are limited and distributed amongst other executive officials. The rights found in the Texas Bill of Rights: contain some ideas that move beyond those guaranteed by the first 10 amendments to the US Constitution. The Master shall have all the power of a District Judge in the enforcement of orders pertaining to witnesses, evidence, and procedure. (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. Who were the framers of the Constitution? (TEMPORARY TRANSITION PROVISION for Sec. 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. 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. The current constitution is the seventh in Texas history. (2) and (5) amended Nov. 8, 2005; Subsec. (TEMPORARY TRANSITION PROVISION for Sec. A quorum shall consist of seven (7) members. 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. This power became an important part of Reconstruction after the American Civil War. (e) The office of Constable is abolished in Mills County, Reagan County, and Roberts County. Congress may regulate the manner in which proof of such acts, records or proceedings may be admitted. Amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISION for Sec. (Feb. 15, 1876. 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. Most other benefits were held not to be protected privileges and immunities. 12. The legislature shall provide for the necessary expenses of the board. 5: See Appendix, Note 1. (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. 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