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Texas Constitution:Article I, Section 16: Difference between revisions
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Texas Constitution:Article I, Section 16 (view source)
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It is noteworthy that, in the 1934 ''Travelers' Insurance Co. v. Marshall'' decision referenced below, the Texas Supreme Court specifically held that this section's provision regarding the impairment of contracts was stricter than the federal constitution's provision regarding the impairment of contracts. Cf. ''Home Building and Loan Association v. Blaisdell'', 290 U.S. 398, [https://scholar.google.com/scholar_case?case=8045354711683233471#p415 415-16] (1934) ("Appellant contests the validity of Chapter 339 of the Laws of Minnesota of 1933, p. 514, approved April 18, 1933, called the Minnesota Mortgage Moratorium Law, as being repugnant to the contract clause (Art. I, § 10) and the due process and equal protection clauses of the Fourteenth Amendment, of the Federal Constitution."). | It is noteworthy that, in the 1934 ''Travelers' Insurance Co. v. Marshall'' decision referenced below, the Texas Supreme Court specifically held that this section's provision regarding the impairment of contracts was stricter than the federal constitution's provision regarding the impairment of contracts. Cf. ''Home Building and Loan Association v. Blaisdell'', 290 U.S. 398, [https://scholar.google.com/scholar_case?case=8045354711683233471#p415 415-16] (1934) ("Appellant contests the validity of Chapter 339 of the Laws of Minnesota of 1933, p. 514, approved April 18, 1933, called the Minnesota Mortgage Moratorium Law, as being repugnant to the contract clause (Art. I, § 10) and the due process and equal protection clauses of the Fourteenth Amendment, of the Federal Constitution."). | ||
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* ''DeCordova v. City of Galveston'', 4 Tex. 470, <!-- comment: case not available online in pdf format --> [https://texashistory.unt.edu/ark:/67531/metapth28570/m1/248/ 479-80] (1849) ("The cases to which reference has been made, and the opinions of the courts in expounding this constitutional inhibition, will serve to illustrate the intention of the convention in imposing the restriction. Laws are deemed retrospective and within the constitutional prohibition which by retrospective operation . . . or if an attempt were made by law, either by implication or expressly, to revive causes of action already barred, such legislation would be retrospective within the intent of the prohibition, and would therefore be wholly inoperative.") | * ''DeCordova v. City of Galveston'', 4 Tex. 470, <!-- comment: case not available online in pdf format --> [https://texashistory.unt.edu/ark:/67531/metapth28570/m1/248/ 479-80] (1849) ("The cases to which reference has been made, and the opinions of the courts in expounding this constitutional inhibition, will serve to illustrate the intention of the convention in imposing the restriction. Laws are deemed retrospective and within the constitutional prohibition which by retrospective operation . . . or if an attempt were made by law, either by implication or expressly, to revive causes of action already barred, such legislation would be retrospective within the intent of the prohibition, and would therefore be wholly inoperative.") | ||
|seo_title= | |seo_title=Article I, Section 16 of the Texas Constitution ("Bills of Attainder; Ex Post Facto or Retroactive Laws; Impairing Obligation of Contracts") | ||
|seo_keywords= | |seo_keywords=Article 1 Section 16, retroactive laws, laws impairing obligation of contracts | ||
|seo_description= | |seo_description=No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made. | ||
|seo_image_alt=Texas Bill of Rights | |seo_image_alt=Texas Bill of Rights | ||
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[[Category:Contract Law]] | [[Category:Contract Law]] | ||
[[Category:TxCon ArtI Sec]] | [[Category:TxCon ArtI Sec]] | ||