Texas Constitution:Article I, Section 3: Difference between revisions

Jump to navigation Jump to search

Texas Constitution:Article I, Section 3 (view source)

Revision as of 19:20, July 3, 2023

3 bytes removed ,  July 3, 2023
no edit summary
No edit summary
No edit summary
Line 81: Line 81:
* ''Watts v. Mann'', 187 S.W.2d 917, [https://texaslegalguide.com/images/187_SW2_917.pdf#page=8 924] (Tex.Civ.App.–Austin 1945, ref'd) ("The principles here involved are of long standing and general acceptation. Substantially they are: The Legislature may classify law violators and impose different penalties, inhibitions and restrictions upon the several classes, provided there is a reasonable basis for the classification. In determining whether there is a reasonable basis for the classification there is a general presumption that the Legislature has done its duty, not violated the Constitution; and therefore the classification will be upheld unless it appears, clearly and without doubt, that it has no reasonable basis of support.")
* ''Watts v. Mann'', 187 S.W.2d 917, [https://texaslegalguide.com/images/187_SW2_917.pdf#page=8 924] (Tex.Civ.App.–Austin 1945, ref'd) ("The principles here involved are of long standing and general acceptation. Substantially they are: The Legislature may classify law violators and impose different penalties, inhibitions and restrictions upon the several classes, provided there is a reasonable basis for the classification. In determining whether there is a reasonable basis for the classification there is a general presumption that the Legislature has done its duty, not violated the Constitution; and therefore the classification will be upheld unless it appears, clearly and without doubt, that it has no reasonable basis of support.")


* ''Burroughs v. Lyles'', 181 S.W.2d 570, [https://texaslegalguide.com/images/181_S.W.2d_570.pdf#page=5 574] (Tex. 1944) (citations omitted) ("Article I, Section 3, of the Constitution guarantees to all persons equality of rights. This provision of the Constitution was designed to prevent any person, or class of persons, from being singled out as a special subject for discriminating or hostile legislation. This principle of equality also applies to political rights. Under the foregoing provision of the Constitution the Legislature has the power to adopt any classification it sees fit, provided there is a reasonable basis for such classification. . . . The discrimination is apparent, and we can perceive no reasonable basis for the classification.")
* ''Burroughs v. Lyles'', 181 S.W.2d 570, [https://texaslegalguide.com/images/181_SW2_570.pdf#page=5 574] (Tex. 1944) (citations omitted) ("Article I, Section 3, of the Constitution guarantees to all persons equality of rights. This provision of the Constitution was designed to prevent any person, or class of persons, from being singled out as a special subject for discriminating or hostile legislation. This principle of equality also applies to political rights. Under the foregoing provision of the Constitution the Legislature has the power to adopt any classification it sees fit, provided there is a reasonable basis for such classification. . . . The discrimination is apparent, and we can perceive no reasonable basis for the classification.")


* ''Friedman v. American Surety Co.'', 151 S.W.2d 570, [https://texaslegalguide.com/images/151_S.W.2d_570.pdf#page=7 576-77] (Tex. 1941) (citations omitted) ("It is settled that [Article I, Section 3] guarantees to all men equality of rights. In spite of this, the State can adjust its legislation to differences in situation. Our Constitution does not forbid legislative classification of subjects and persons for the purpose of regulatory legislation, but it does require that the classification be not arbitrary or unreasonable. Classifications must be based on a real and substantial difference, having relation to the subject of particular enactment. If there is a reasonable ground for the classification, and the law operates equally on all within the same class, it will be held valid.")
* ''Friedman v. American Surety Co.'', 151 S.W.2d 570, [https://texaslegalguide.com/images/151_S.W.2d_570.pdf#page=7 576-77] (Tex. 1941) (citations omitted) ("It is settled that [Article I, Section 3] guarantees to all men equality of rights. In spite of this, the State can adjust its legislation to differences in situation. Our Constitution does not forbid legislative classification of subjects and persons for the purpose of regulatory legislation, but it does require that the classification be not arbitrary or unreasonable. Classifications must be based on a real and substantial difference, having relation to the subject of particular enactment. If there is a reasonable ground for the classification, and the law operates equally on all within the same class, it will be held valid.")
Retrieved from "https://texaslegalguide.com/Special:MobileDiff/4225"

Navigation menu