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Texas Constitution:Article I, Section 3: Difference between revisions
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Texas Constitution:Article I, Section 3 (view source)
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It seems improbable that the foregoing interpretation will be departed from by the Texas judiciary in the future. Nonetheless, for completeness, the apparent origin of this section's unique text is outlined below. | It seems improbable that the foregoing interpretation will be departed from by the Texas judiciary in the future. Nonetheless, for completeness, the apparent origin of this section's unique text is outlined below. | ||
The influential Virginia Declaration of Rights was adopted in June 1776. The first section read: "[A]ll men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety." And the fourth read: "[N]o man, or set of men, is entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of magistrate, legislator | The influential Virginia Declaration of Rights was adopted in June 1776. The first section read: "[A]ll men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety." And the fourth read: "[N]o man, or set of men, is entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of magistrate, legislator or judge to be hereditary." | ||
The first North Carolina Declaration of Rights was adopted in December 1776. The third section read: "[N]o man or set of men are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services." And the twenty-second read: "[N]o hereditary emoluments, privileges or honors ought to be granted or conferred in this State." Note that no section directly addressed equality or equal rights. | The first North Carolina Declaration of Rights was adopted in December 1776. The third section read: "[N]o man or set of men are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services." And the twenty-second read: "[N]o hereditary emoluments, privileges or honors ought to be granted or conferred in this State." Note that no section directly addressed equality or equal rights. | ||
The first Massachusetts Declaration of Rights was adopted in 1780. The first section read: "All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness." And the sixth read: "No man nor corporation or association of men have any other title to obtain advantages, or particular and exclusive privileges distinct from those of the community, than what rises from the consideration of services rendered to the public, and this title being in nature neither hereditary nor transmissible to children or descendants or relations by blood; the idea of a man born a magistrate, lawgiver | The first Massachusetts Declaration of Rights was adopted in 1780. The first section read: "All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness." And the sixth read: "No man nor corporation or association of men have any other title to obtain advantages, or particular and exclusive privileges distinct from those of the community, than what rises from the consideration of services rendered to the public, and this title being in nature neither hereditary nor transmissible to children or descendants or relations by blood; the idea of a man born a magistrate, lawgiver or judge is absurd and unnatural." | ||
The first Kentucky Declaration of Rights was adopted in 1792. The first section read: "[A]ll men, when they form a social compact, are equal, and [] no man or set of men are entitled to exclusive separate public emoluments or privileges from the community, but in consideration of public services." And the twenty-sixth read in part: "[T]he Legislature shall not grant any title of nobility or hereditary distinction." | The first Kentucky Declaration of Rights was adopted in 1792. The first section read: "[A]ll men, when they form a social compact, are equal, and [] no man or set of men are entitled to exclusive separate public emoluments or privileges from the community, but in consideration of public services." And the twenty-sixth read in part: "[T]he Legislature shall not grant any title of nobility or hereditary distinction." | ||
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The Declaration of Rights of the Republic of Texas was adopted in 1836. The first section read: "All men, when they form a social compact, have equal rights, and no man or set of men are entitled to exclusive public privileges or emoluments from the community." And the eighth read in part: "No title of nobility, hereditary privileges or honors, shall ever be granted or conferred in this Republic." | The Declaration of Rights of the Republic of Texas was adopted in 1836. The first section read: "All men, when they form a social compact, have equal rights, and no man or set of men are entitled to exclusive public privileges or emoluments from the community." And the eighth read in part: "No title of nobility, hereditary privileges or honors, shall ever be granted or conferred in this Republic." | ||
In ''Jackson v. Bulloch'', 12 Conn. 38, [https://texaslegalguide.com/images/Conn_38.pdf#page=5 42-43] (1837), the Connecticut Supreme Court opined: "The bill of rights, in its 1st section, declares, that all men, when they form a social compact, are equal in rights | In ''Jackson v. Bulloch'', 12 Conn. 38, [https://texaslegalguide.com/images/Conn_38.pdf#page=5 42-43] (1837), the Connecticut Supreme Court opined: "The bill of rights, in its 1st section, declares, that all men, when they form a social compact, are equal in rights, and that no man or set of men are entitled to exclusive public emoluments or privileges from the community. The language is certainly broad; but not as broad as that of the bill of rights in Massachusetts, to which it has been compared. It seems evidently to be limited to those who are parties to the social compact thus formed. Slaves cannot be said to be parties to that compact, or to be represented in it." | ||
The State of Texas's first Bill of Rights was adopted in 1845. The second section read: "All freemen, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments or privileges, but in consideration of public services." Note that no section directly addressed titles of nobility or hereditary emoluments, privileges or honors. | The State of Texas's first Bill of Rights was adopted in 1845. The second section read: "All freemen, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments or privileges, but in consideration of public services." Note that no section directly addressed titles of nobility or hereditary emoluments, privileges or honors. | ||