Texas Constitution:Article I, Section 28: Difference between revisions

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Texas Constitution:Article I, Section 28 (view source)

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In Texas, due to the [https://lrl.texas.gov/scanned/statutes_and_codes/paschal_vol2.pdf#page=117 amendment] ratified in 1874 and carried over into the current constitution, it was held in a number of cases decided in the first third of the twentieth century that this section flatly prohibits the Legislature from delegating its power to suspend laws. Cf. ''Reed v. Buck'', 370 S.W.2d 867, [https://scholar.google.com/scholar_case?case=11576326271401640517#p870 870-71] (Tex. 1963) ("[T]he Court of Civil Appeals was of the opinion that these ancient cases, like old soldiers, had just faded away.").
In Texas, due to the [https://lrl.texas.gov/scanned/statutes_and_codes/paschal_vol2.pdf#page=117 amendment] ratified in 1874 and carried over into the current constitution, it was held in a number of cases decided in the first third of the twentieth century that this section flatly prohibits the Legislature from delegating its power to suspend laws. Cf. ''Reed v. Buck'', 370 S.W.2d 867, [https://scholar.google.com/scholar_case?case=11576326271401640517#p870 870-71] (Tex. 1963) ("[T]he Court of Civil Appeals was of the opinion that these ancient cases, like old soldiers, had just faded away.").


The direct [https://texashistory.unt.edu/ark:/67531/metapth277466/m1/2/ impetus] for the 1874 constitutional amendment was several controversial actions taken in late-1870 and 1871 by "Radical Republican" Governor E. J. Davis under a militia law that had been passed by the Republican-dominated Twelfth Legislature. Cf. Reginald Jayne, ''Martial Law in Reconstruction Texas'' (May 2005) at [https://www.shsu.edu/dotAsset/c0ac2b23-8d71-4de2-af31-5bceef4798d8.pdf#page=23 17] ("Davis was not exaggerating when he reported Texas as being in a state of lawlessness.").
The direct [https://texashistory.unt.edu/ark:/67531/metapth277466/m1/2/ impetus] for the 1874 constitutional amendment was several controversial actions taken in late-1870 and 1871 by "Radical Republican" Governor E. J. Davis under a militia law that had been passed by the Republican-dominated Twelfth Legislature. Cf. Reginald Jayne, ''Martial Law in Reconstruction Texas'' (May 2005) at [https://www.sam.edu/dotAsset/c0ac2b23-8d71-4de2-af31-5bceef4798d8.pdf#page=23 17] ("Davis was not exaggerating when he reported Texas as being in a state of lawlessness.").


The militia [https://texashistory.unt.edu/ark:/67531/metapth6734/m1/196/ law], enacted in June 1870, provided in part: "Sec. 26. It shall be the duty of the Governor, and he is hereby authorized, whenever in his opinion the enforcement of the law of this State is obstructed, within any county or counties, by combinations of lawless men too strong for the control of the civil authorities, to declare such county or counties under martial law, and to suspend the laws therein until the Legislature shall convene and take such action as it may deem necessary. . . . Sec. 27. Whenever the laws may be suspended, as provided for in last preceding section, it shall be the duty of the Governor to provide for the trial and punishment of offenders; and the Governor shall make all details of officers for this purpose, and prescribe all necessary regulations for the formation and government of courts martial and military commissions for this purpose."
The militia [https://texashistory.unt.edu/ark:/67531/metapth6734/m1/196/ law], enacted in June 1870, provided in part: "Sec. 26. It shall be the duty of the Governor, and he is hereby authorized, whenever in his opinion the enforcement of the law of this State is obstructed, within any county or counties, by combinations of lawless men too strong for the control of the civil authorities, to declare such county or counties under martial law, and to suspend the laws therein until the Legislature shall convene and take such action as it may deem necessary. . . . Sec. 27. Whenever the laws may be suspended, as provided for in last preceding section, it shall be the duty of the Governor to provide for the trial and punishment of offenders; and the Governor shall make all details of officers for this purpose, and prescribe all necessary regulations for the formation and government of courts martial and military commissions for this purpose."
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