Texas Constitution:Article I, Section 2: Difference between revisions

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Texas Constitution:Article I, Section 2 (view source)

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* ''Ex parte Farnsworth'', 135 S.W. 535, [https://texaslegalguide.com/images/135_SW_535.pdf#page=4 538] (Tex.Crim.App. 1911) ("Local self-government is that and that only which is provided or authorized by the Constitution, is to be found in the delegation of authority, is based on the idea of representative government, and cannot under any circumstances under our Constitution be a pure democracy. All government with us finds its initial source in the Constitution–not outside of it–and any government that is in contravention or subversive of the Constitution is necessarily vicious and void. . . . If what has been stated is correct, then the ordinance in question is void.")
* ''Ex parte Farnsworth'', 135 S.W. 535, [https://texaslegalguide.com/images/135_SW_535.pdf#page=4 538] (Tex.Crim.App. 1911) ("Local self-government is that and that only which is provided or authorized by the Constitution, is to be found in the delegation of authority, is based on the idea of representative government, and cannot under any circumstances under our Constitution be a pure democracy. All government with us finds its initial source in the Constitution–not outside of it–and any government that is in contravention or subversive of the Constitution is necessarily vicious and void. . . . If what has been stated is correct, then the ordinance in question is void.")


* ''Solon v. State'', 114 S.W. 349, [https://texaslegalguide.com/images/Vol_114_SWR_349.pdf#page=5 353-54] (Tex.Crim.App. 1908) ("In them collectively is lodged our political power, and this power is declared to be inherent. It is but another way of stating the fundamental truth on which our free institutions are based, the right of the majority to rule. . . . [T]he whole opinion proceeds, to some extent at least, on the erroneous assumption that our state Constitution is in the nature of a grant of power. The true rule and theory is that all power adheres in the people in their collective capacity, except such as is in terms granted to the federal government, or the exercise of which is prohibited in the Constitution.")
* ''Solon v. State'', 114 S.W. 349, [https://texaslegalguide.com/images/114_SW_349.pdf#page=5 353-54] (Tex.Crim.App. 1908) ("In them collectively is lodged our political power, and this power is declared to be inherent. It is but another way of stating the fundamental truth on which our free institutions are based, the right of the majority to rule. . . . [T]he whole opinion proceeds, to some extent at least, on the erroneous assumption that our state Constitution is in the nature of a grant of power. The true rule and theory is that all power adheres in the people in their collective capacity, except such as is in terms granted to the federal government, or the exercise of which is prohibited in the Constitution.")


* ''Brown v. City of Galveston'', 75 S.W. 488, [https://texaslegalguide.com/images/075_SW_488.pdf#page=8 495] (Tex. 1903) ("The doctrine contended for is antagonistic to the fundamental principles of our state government, as we understand them. . . . Again, in section 2, it is said that 'all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit.' This is a true declaration of the principles of republican state governments. However, it does not mean that political power is inherent in a part of the people of a state, but in the body who have the right to control, by proper legislation, the entire state and all of its parts.")
* ''Brown v. City of Galveston'', 75 S.W. 488, [https://texaslegalguide.com/images/075_SW_488.pdf#page=8 495] (Tex. 1903) ("The doctrine contended for is antagonistic to the fundamental principles of our state government, as we understand them. . . . Again, in section 2, it is said that 'all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit.' This is a true declaration of the principles of republican state governments. However, it does not mean that political power is inherent in a part of the people of a state, but in the body who have the right to control, by proper legislation, the entire state and all of its parts.")
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