Article XVII, Section 1 of the Texas Constitution–discussion page

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This page is available for comment and discussion regarding the page Article XVII, Section 1 of the Texas Constitution.

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https://lrl.texas.gov/scanned/Housejournals/35CS4/H_35_4.pdf page 25 (cannot veto ratification of us amendment)

Whiteside v. Brown, 214 S.W.2d 844, 847 (Tex. Civ. App.-Austin 1948, writ dism'd) (concluding that substantial compliance with article XVII, section 1 of the Texas Constitution, relating to notices of elections, satisfied the constitutional demand).

https://cite.case.law/pdf/2333822/Railroad%20Commission%20v.%20Sterling%20Oil%20&%20Refining%20Co.,%20147%20Tex.%20547,%20218%20S.W.2d%20415%20(1949).pdf

Article XVII of the Constitution provides the method by which amendments to the Constitution are to be adopted. That provides Legislature * * * article that, “The may proposé amendments to the Constitution, to be voted upon by the qualified elec- * * * tors which proposed amendments shall be duly published once a week for four weeks, commencing at least three months before an election, the time of which shall be specified by the Legislature, in one weekly newspaper of each county, in which a newspaper may * * such be published, *.” There is no contention made that this provision of the Constitution was not complied with.

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Rooms with a View, Inc. v. Private Nat'/ Mortg. Ass'n, Inc., 7 S.W.3d 840, 850 (Tex. App.-Austin 1999, pet. denied). The Texas Supreme Court has said that "[t]he Constitution requires that certain publicity shall be given a proposed amendment prior to an election. This is done to identify the amendment and to show its character and purposes, so that the voters will be familiar with the amendment and its purposes when they cast their ballots." R.R. Comm'n v. Sterling Oil & Ref Co., 218 S.W.2d 415, 418 (Tex. 1949)

Grigsbr v. Peak, 57 Tex. 142, 146 (1882)

Wilson v. State, 15 App. 150


Hurchinron v. Parching, l26 S.W. 1107, 1108 (Tex. 1910) (holding a statute constitutional when it was expressly ratified by a constitutional amendment)

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It seems to be then argued that if it was necessary to amend the Constitution in the instances above mentioned, to enable the Legislature to pass laws to accomplish their purposes, it is necessary to amend the Constitution to enable the Legislature to accomplish the purposes of this Act. To express ourselves in a homely way, the above constitutional amendments constitute grist already ground. We are not called upon, and will never be called upon, to pass on the necessity for the above amendments, and we expressly do not do so here, one way or the other. We will say, however, that the history of the submission of constitutional amendments in this State will prove that not all of them have been submitted in order to create a legislative power. Some few have undoubtedly been submitted to ascertain the will of the people, and to enable them to express such will regarding a governmental policy.

Friedman v. American Sur. Co. of New York, 137 Tex. 149, 151 S.W.2d 570, (1941)