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Texas Constitution:Article I, Section 2: Difference between revisions

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Texas Constitution:Article I, Section 2 (view source)

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* ''State v. Loe'', 692 S.W.3d 215, [https://scholar.google.com/scholar_case?case=9682881558926563485#p240 240] (Tex. 2024) (J. Blacklock, concurring) ("The heart of the dispute is moral and political, not scientific and medical. Doctors have no special expertise in answering moral and political questions. As the plaintiffs' expert testimony demonstrates, doctors often adopt moral and political judgments of their own before they begin to answer the downstream scientific and medical questions. Doctors are surely useful sources of information to aid those tasked with answering moral and political questions about the human body, but doctors are not oracles in possession of special moral insight. Nor are judges the ideal place to look for answers to political questions. Our Constitution tells us where to look. In the State of Texas, '[a]ll political power is inherent in the people.' Tex. Const. art. I, § 2. This litigation asks whether the sovereign People of Texas have the power, through their representatives in the Legislature, to answer moral and political questions about childhood transgender therapy in accordance with the Traditional Vision of what it means to be human, male and female. The answer is yes.")
* ''State v. Loe'', 692 S.W.3d 215, [https://scholar.google.com/scholar_case?case=9682881558926563485#p240 240] (Tex. 2024) (Blacklock, concurring) ("The heart of the dispute is moral and political, not scientific and medical. Doctors have no special expertise in answering moral and political questions. . . . In the State of Texas, '[a]ll political power is inherent in the people.' Tex. Const. art. I, § 2. This litigation asks whether the sovereign People of Texas have the power, through their representatives in the Legislature, to answer moral and political questions about childhood transgender therapy in accordance with the Traditional Vision of what it means to be human, male and female. The answer is yes.")


* ''Republican Party of Texas v. Dietz'', 940 S.W.2d 86, [https://scholar.google.com/scholar_case?case=12738540633429222592#p91 91] n.6 (Tex. 1997) ("The framers of the Texas Constitution apparently shared the belief that a constitution was a compact between the government and its citizens. Tex. Const. art I, § 2 ('All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit.'); Debates of the Texas Convention at 330 (William F. Weeks, reporter) (1846) ('We are . . . about to form a new government . . . . Then, as I believe, we are just in the position of a people in a natural state of society, about to form a social compact; . . .').")
* ''Republican Party of Texas v. Dietz'', 940 S.W.2d 86, [https://scholar.google.com/scholar_case?case=12738540633429222592#p91 91] n.6 (Tex. 1997) ("The framers of the Texas Constitution apparently shared the belief that a constitution was a compact between the government and its citizens. Tex. Const. art I, § 2 ('All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit.'); Debates of the Texas Convention at 330 (William F. Weeks, reporter) (1846) ('We are . . . about to form a new government . . . . Then, as I believe, we are just in the position of a people in a natural state of society, about to form a social compact; . . .').")
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* ''Bonner v. Belsterling'', 138 S.W. 571, [https://texaslegalguide.com/images/138_SW_571.pdf#page=4 574-75] (Tex. 1911) ("The policy of reserving to the people such power as the recall, the initiative, and the referendum is a question for the people themselves in framing the government, or for the Legislature in the creation of municipal governments. It is not for the courts to decide that question. We are unable to see from our viewpoint how it can be that a larger measure of sovereignty, committed to the people by this method of government, and a more certain measure of securing a proper representation in any way militates against its character as a republican form of government.")
* ''Bonner v. Belsterling'', 138 S.W. 571, [https://texaslegalguide.com/images/138_SW_571.pdf#page=4 574-75] (Tex. 1911) ("The policy of reserving to the people such power as the recall, the initiative, and the referendum is a question for the people themselves in framing the government, or for the Legislature in the creation of municipal governments. It is not for the courts to decide that question. We are unable to see from our viewpoint how it can be that a larger measure of sovereignty, committed to the people by this method of government, and a more certain measure of securing a proper representation in any way militates against its character as a republican form of government.")


* ''Ex parte Farnsworth'', 135 S.W. 535, [https://texaslegalguide.com/images/135_SW_535.pdf#page=4 538] (Tex.Crim.App. 1911) ("Local self-government is that and that only which is provided or authorized by the Constitution, is to be found in the delegation of authority, is based on the idea of representative government, and cannot under any circumstances under our Constitution be a pure democracy. All government with us finds its initial source in the Constitution–not outside of it–and any government that is in contravention or subversive of the Constitution is necessarily vicious and void. . . . If what has been stated is correct, then the ordinance in question is void.")
* ''Ex parte Farnsworth'', 135 S.W. 535, [https://texaslegalguide.com/images/135_SW_535.pdf#page=4 538] (Tex.Crim.App. 1911) ("Local self-government is that and that only which is provided or authorized by the Constitution, is to be found in the delegation of authority, is based on the idea of representative government, and cannot under any circumstances under our Constitution be a pure democracy. All government with us finds its initial source in the Constitution—not outside of it—and any government that is in contravention or subversive of the Constitution is necessarily vicious and void. . . . If what has been stated is correct, then the ordinance in question is void.")


* ''Solon v. State'', 114 S.W. 349, [https://texaslegalguide.com/images/114_SW_349.pdf#page=5 353-54] (Tex.Crim.App. 1908) ("In them collectively is lodged our political power, and this power is declared to be inherent. It is but another way of stating the fundamental truth on which our free institutions are based, the right of the majority to rule. . . . [T]he whole opinion proceeds, to some extent at least, on the erroneous assumption that our state Constitution is in the nature of a grant of power. The true rule and theory is that all power adheres in the people in their collective capacity, except such as is in terms granted to the federal government, or the exercise of which is prohibited in the Constitution.")
* ''Solon v. State'', 114 S.W. 349, [https://texaslegalguide.com/images/114_SW_349.pdf#page=5 353-54] (Tex.Crim.App. 1908) ("In them collectively is lodged our political power, and this power is declared to be inherent. It is but another way of stating the fundamental truth on which our free institutions are based, the right of the majority to rule. . . . [T]he whole opinion proceeds, to some extent at least, on the erroneous assumption that our state Constitution is in the nature of a grant of power. The true rule and theory is that all power adheres in the people in their collective capacity, except such as is in terms granted to the federal government, or the exercise of which is prohibited in the Constitution.")
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