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Texas Constitution:Article I, Section 28: Difference between revisions

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Texas Constitution:Article I, Section 28 (view source)

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* ''State v. Jackson'', 376 S.W.2d 341, [https://scholar.google.com/scholar_case?case=682980273690784848#p344 344-45] (Tex. 1964) ("When the Legislature acts with respect to a particular matter, the administrative agency may not so act with respect to the matter as to nullify the Legislature's action even though the matter be within the agency's general regulatory field. There is little case law announcing the rule last stated, no doubt because it is self-evident. The rule is thus stated in . . . : 'The rulemaking power of administrative agencies does not permit the enactment of regulations which are inconsistent with the expression of the lawmakers' intent in statutes other than those under which the regulations are issued.'")
* ''State v. Jackson'', 376 S.W.2d 341, [https://scholar.google.com/scholar_case?case=682980273690784848#p344 344-45] (Tex. 1964) ("When the Legislature acts with respect to a particular matter, the administrative agency may not so act with respect to the matter as to nullify the Legislature's action even though the matter be within the agency's general regulatory field. There is little case law announcing the rule last stated, no doubt because it is self-evident. The rule is thus stated in . . . : 'The rulemaking power of administrative agencies does not permit the enactment of regulations which are inconsistent with the expression of the lawmakers' intent in statutes other than those under which the regulations are issued.'")


* ''Williams v. State'', 176 S.W.2d 177, [https://texaslegalguide.com/images/176_S.W.2d_177.pdf#page=8 184-85] (Tex.Crim.App. 1943) ("The next question presented is: Does the Act authorize the Commissioner of Agriculture to suspend the law? This question arises by reason of the provisions of the Act which authorize the Commissioner to promulgate rules and regulations constituting exceptions to the Act making it unlawful to grow cotton in regulated zones. We think this question has been determined by the Supreme Court of the United States, in . . . . The court held the contention untenable and that the power to grant exceptions there authorized was that of a fact-finding and administrative nature.")
* ''Williams v. State'', 176 S.W.2d 177, [https://texaslegalguide.com/images/176_SW2_177.pdf#page=8 184-85] (Tex.Crim.App. 1943) ("The next question presented is: Does the Act authorize the Commissioner of Agriculture to suspend the law? This question arises by reason of the provisions of the Act which authorize the Commissioner to promulgate rules and regulations constituting exceptions to the Act making it unlawful to grow cotton in regulated zones. We think this question has been determined by the Supreme Court of the United States, in . . . . The court held the contention untenable and that the power to grant exceptions there authorized was that of a fact-finding and administrative nature.")


* ''State v. Ferguson'', 125 S.W.2d 272, [https://texaslegalguide.com/images/125_SW2_272.pdf#page=5 276] (Tex. 1939) ("To state the nature of this order is to reveal the lack of power in a judge or court to enter it. Section 28 of Article 1 of our State Constitution prescribes that: 'No power of suspending laws in this State shall be exercised except by the Legislature.' That is an express denial to the judicial branch of government of any power to suspend any valid statute. Not only may judges and courts not suspend a statute, but neither may they supervise and direct the manner and method of its enforcement by the officers of the executive department of government charged with the duty of enforcing same.")
* ''State v. Ferguson'', 125 S.W.2d 272, [https://texaslegalguide.com/images/125_SW2_272.pdf#page=5 276] (Tex. 1939) ("To state the nature of this order is to reveal the lack of power in a judge or court to enter it. Section 28 of Article 1 of our State Constitution prescribes that: 'No power of suspending laws in this State shall be exercised except by the Legislature.' That is an express denial to the judicial branch of government of any power to suspend any valid statute. Not only may judges and courts not suspend a statute, but neither may they supervise and direct the manner and method of its enforcement by the officers of the executive department of government charged with the duty of enforcing same.")
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