Texas Constitution:Article I, Section 19: Difference between revisions

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Texas Constitution:Article I, Section 19 (view source)

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The fundamental precept implemented by this section has its origin in the twenty-ninth chapter of Magna Charta. See ''A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union'' Cooley (1874) [351-53] (citations omitted) ("In some form of words, it is to be found in each of the State constitutions; and, though verbal differences appear in the different provisions, no change in language, it is thought, has in any case been made with a view to essential change in legal effect . . . . Indeed, the language employed is generally nearly identical, except that the phrase 'due process [or course] of law' is sometimes used, sometimes 'the law of the land,' and in some cases both; but the meaning is the same in every case.").
The fundamental precept implemented by this section has its origin in the twenty-ninth chapter of Magna Charta. See ''A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union'' Cooley (1874) [351-53] (citations omitted) ("In some form of words, it is to be found in each of the State constitutions . . . . Indeed, the language employed is generally nearly identical, except that the phrase 'due process [or course] of law' is sometimes used, sometimes 'the law of the land,' and in some cases both; but the meaning is the same in every case.").


This section is similar to the due-process clause contained in the Fourteenth Amendment to the federal constitution ("nor shall any State deprive any person of life, liberty, or property, without due process of law"). Cf. ''Zucht v. King'', 260 U.S. 174, [https://scholar.google.com/scholar_case?case=17474784919803032884#p176 176] (1922) ("Long before this suit was instituted, ''Jacobson v. Massachusetts'', 197 U.S. 11, had settled that it is within the police power of a State to provide for compulsory vaccination. . . . And still others had settled that the municipality may vest in its officials broad discretion in matters affecting the application and enforcement of a health law.").
This section is similar to the due-process clause contained in the Fourteenth Amendment to the federal constitution ("nor shall any State deprive any person of life, liberty, or property, without due process of law"). Cf. ''Zucht v. King'', 260 U.S. 174, [https://scholar.google.com/scholar_case?case=17474784919803032884#p176 176] (1922) ("Long before this suit was instituted, ''Jacobson v. Massachusetts'', 197 U.S. 11, had settled that it is within the police power of a State to provide for compulsory vaccination. . . . And still others had settled that the municipality may vest in its officials broad discretion in matters affecting the application and enforcement of a health law.").
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