Texas Constitution talk:Article I, Section 19: Difference between revisions
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{{DISPLAYTITLE:{{PAGENAME}} of the Texas Constitution–discussion page}}__NOTOC__This page is available for comment and discussion regarding the page ''{{PAGENAME}} of the Texas Constitution''. | {{DISPLAYTITLE:{{PAGENAME}} of the Texas Constitution–discussion page}}__NOTOC__This page is available for comment and discussion regarding the page ''{{PAGENAME}} of the Texas Constitution''. | ||
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The due-course clause of the Texas Constitution states that no | |||
citizen “shall be deprived of life . . . except by the due course of the law | |||
of the land.”57 An unsettled question in this Court is whether the | |||
due-course clause protects substantive rights in addition to procedural | |||
rights.58 We need not decide this question today. Even if the due-course | |||
clause were to encompass substantive rights, the evidence adduced does | |||
not support the trial court’s order that the Human Life Protection Act | |||
violates the Texas Constitution. | |||
If the due-course clause affords fundamental rights as a matter of | |||
substantive law and not just procedural protections before the | |||
government invades them, the right to life would be found among them. | |||
The due-course clause has referred to “life” since statehood.59 | |||
Revision as of 10:31, June 1, 2024
This page is available for comment and discussion regarding the page Article I, Section 19 of the Texas Constitution.
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The due-course clause of the Texas Constitution states that no citizen “shall be deprived of life . . . except by the due course of the law of the land.”57 An unsettled question in this Court is whether the due-course clause protects substantive rights in addition to procedural rights.58 We need not decide this question today. Even if the due-course clause were to encompass substantive rights, the evidence adduced does not support the trial court’s order that the Human Life Protection Act violates the Texas Constitution. If the due-course clause affords fundamental rights as a matter of substantive law and not just procedural protections before the government invades them, the right to life would be found among them. The due-course clause has referred to “life” since statehood.59