Texas Constitution:Article I, Section 29: Difference between revisions

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Texas Constitution:Article I, Section 29 (view source)

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* ''City of Fort Worth v. Howerton'', 236 S.W.2d 615, [https://scholar.google.com/scholar_case?case=13559231168567607785#p618 618] (Tex. 1951) ("The system is functioning . . . . Clearly this creates a conflict and the rights accrued under the constitutional provision must prevail. The provisions of the Constitution were adopted by the people, while statutes are enacted by the Legislature; and the Legislature may enact, repeal, or amend statutes, but it does not have the power to repeal or amend the provisions of the Constitution. That power rests exclusively with the people. It is the general policy of the law, where rights have been fixed under a constitutional provision, that the Legislature is without power to destroy or impair such rights.")
* ''City of Fort Worth v. Howerton'', 236 S.W.2d 615, [https://scholar.google.com/scholar_case?case=13559231168567607785#p618 618] (Tex. 1951) ("The system is functioning . . . . Clearly this creates a conflict and the rights accrued under the constitutional provision must prevail. The provisions of the Constitution were adopted by the people, while statutes are enacted by the Legislature; and the Legislature may enact, repeal, or amend statutes, but it does not have the power to repeal or amend the provisions of the Constitution. That power rests exclusively with the people. It is the general policy of the law, where rights have been fixed under a constitutional provision, that the Legislature is without power to destroy or impair such rights.")


* ''Travelers' Insurance Co. v. Marshall'', 76 S.W.2d 1007, [https://texaslegalguide.com/images/076_S.W.2d_1007.pdf#page=4 1010] (Tex. 1934) (citation omitted) ("We are asked, however, to hold that, under the ''police power'', one of the powers of government vitalized by emergency conditions, the Legislature had the authority to pass the measure before us. We are asked to do this, although the Bill of Rights, section 16, expressly prohibits the enactment of laws impairing the obligation of contracts. Can we do this? Would we be warranted in saying that . . . . Obviously all these questions must be answered in the negative. This is so because the pronouncements of the Constitution are 'imperious, supreme and paramount.'")
* ''Travelers' Insurance Co. v. Marshall'', 76 S.W.2d 1007, [https://texaslegalguide.com/images/076_SW2_1007.pdf#page=4 1010] (Tex. 1934) (citation omitted) ("We are asked, however, to hold that, under the ''police power'', one of the powers of government vitalized by emergency conditions, the Legislature had the authority to pass the measure before us. We are asked to do this, although the Bill of Rights, section 16, expressly prohibits the enactment of laws impairing the obligation of contracts. Can we do this? Would we be warranted in saying that . . . . Obviously all these questions must be answered in the negative. This is so because the pronouncements of the Constitution are 'imperious, supreme and paramount.'")


* ''Spann v. City of Dallas'', 235 S.W. 513, [https://texaslegalguide.com/images/235_SW_513.pdf#page=3 515] (Tex. 1921) ("The police power is subject to the limitations imposed by the Constitution upon every power of government; and it will not be suffered to invade or impair the fundamental liberties of the citizen, those natural rights which are the chief concern of the Constitution and for whose protection it was ordained by the people. All grants of power are to be interpreted in the light of the maxims of Magna Charta and the Common Law as transmuted into the Bill of Rights; and those things which those maxims forbid cannot be regarded as within any grant of authority made by the people to their agents.")
* ''Spann v. City of Dallas'', 235 S.W. 513, [https://texaslegalguide.com/images/235_SW_513.pdf#page=3 515] (Tex. 1921) ("The police power is subject to the limitations imposed by the Constitution upon every power of government; and it will not be suffered to invade or impair the fundamental liberties of the citizen, those natural rights which are the chief concern of the Constitution and for whose protection it was ordained by the people. All grants of power are to be interpreted in the light of the maxims of Magna Charta and the Common Law as transmuted into the Bill of Rights; and those things which those maxims forbid cannot be regarded as within any grant of authority made by the people to their agents.")
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