Texas Constitution:Article I, Section 3: Difference between revisions

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In the State of Texas's second Bill of Rights adopted in 1861 due to it joining the Confederacy and its third Bill of Rights adopted in 1866 due to it leaving the Confederacy, the relevant constitutional language remained exactly the same.
In the State of Texas's second Bill of Rights adopted in 1861 due to it joining the Confederacy and its third Bill of Rights adopted in 1866 due to it leaving the Confederacy, the relevant constitutional language remained exactly the same.


The State of Texas's fourth Bill of Rights was adopted in 1869 due to the demands of Congressional Reconstruction. 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." And the twenty-first read: "The equality of all persons before the law is herein recognized and shall ever remain inviolate; nor shall any citizen ever be deprived of any right, privilege or immunity, nor be exempted from any burden or duty, on account of race, color or previous condition."
The State of Texas's fourth Bill of Rights was adopted in 1869 due to the demands of Congressional Reconstruction. 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." And the twenty-first read: "The equality of all persons before the law is herein recognized and shall ever remain inviolate, nor shall any citizen ever be deprived of any right, privilege or immunity, nor be exempted from any burden or duty, on account of race, color or previous condition."


Without any recorded debate, section twenty-one was dropped by the Constitutional Convention of 1875 from the State of Texas's fifth and current Bill of Rights. Cf. ''Reid v. Rolling Fork Pub. Util. Dist.'', 979 F.2d 1084, [https://scholar.google.com/scholar_case?case=14225699397135994464#p1089 1089] (5th Cir. 1992) ("Reid also urges that even if his federal constitutional claim is defeated, his claim under the Texas Constitution's equal protection clause survives. . . . There is ample support in Texas case law for the District's contention that the same requirements are applied to equal protection challenges under the Texas Constitution as to those under the United States Constitution.").
Without any recorded debate, section twenty-one was dropped by the Constitutional Convention of 1875 from the State of Texas's fifth and current Bill of Rights. Cf. ''Reid v. Rolling Fork Pub. Util. Dist.'', 979 F.2d 1084, [https://scholar.google.com/scholar_case?case=14225699397135994464#p1089 1089] (5th Cir. 1992) ("Reid also urges that even if his federal constitutional claim is defeated, his claim under the Texas Constitution's equal protection clause survives. . . . There is ample support in Texas case law for the District's contention that the same requirements are applied to equal protection challenges under the Texas Constitution as to those under the United States Constitution.").

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