Texas Constitution:Article I, Section 2 and Texas Constitution:Article I, Section 11-b: Difference between pages

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{{DISPLAYTITLE:Article I, Section 2 of the Texas Constitution (''<small>"Inherent Political Power; Republican Form of Government"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:
{{DISPLAYTITLE:Article I, Section 11b of the Texas Constitution (''<small>"Denial of Bail for Violation of Condition of Release"</small>'')}}{{Texas Constitution|text=As amended November 6, 2007:


'''All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.'''
'''Any person who is accused in this State of a felony or an offense involving family violence, who is released on bail pending trial, and whose bail is subsequently revoked or forfeited for a violation of a condition of release may be denied bail pending trial if a judge or magistrate in this State determines by a preponderance of the evidence at a subsequent hearing that the person violated a condition of release related to the safety of a victim of the alleged offense or to the safety of the community.'''


|editor=
|editor=


This section sets forth several longstanding principles of Anglo-American democracy.
Sections [[Texas Constitution:Article I, Section 11|11]], [[Texas Constitution:Article I, Section 11a|11a]], [[Texas Constitution:Article I, Section 11c|11c]] and [[Texas Constitution:Article I, Section 13|13]] of Article I also directly address bail for those accused of criminal offenses.


However, the exact meaning of the phrase "republican form of government" is not clear.
This section, added in 2005, was amended in 2007 by the same ballot proposition that added Section 11c.


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|recent=
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|historic=
|historic=


* ''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.")
None.
 
* ''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.")
 
* ''Brown v. City of Galveston'', 75 S.W. 488, [https://texaslegalguide.com/images/075_SW_488.pdf#page=8 495] (Tex. 1903) ("The doctrine contended for is antagonistic to the fundamental principles of our state government, as we understand them. . . . Again, in section 2, it is said that 'all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit.' This is a true declaration of the principles of republican state governments. However, it does not mean that political power is inherent in a part of the people of a state, but in the body who have the right to control, by proper legislation, the entire state and all of its parts.")
 
* ''Jones v. Shaw'', 15 Tex. 577, [https://texaslegalguide.com/images/015_Tex_577.pdf#page=4 580] (1855) ("[I]t is self-evident that there can be no such thing as a right to the emoluments of an office which has no existence; nor can there be any civil right in contravention of the inherent inalienable right of the people to change their form of government at pleasure: none which will operate an incumbrance, so to speak, upon the right of revolution; which there certainly would be if the right claimed in this case could be maintained. When the office of president of the republic of Texas ceased, by force of the change of government, all the rights appertaining to that office necessarily ceased with it.")


|seo_title=Article I, Section 2 of the Texas Constitution ("Inherent Political Power; Republican Form of Government")
|seo_title=Article I, Section 11b of the Texas Constitution ("Denial of Bail for Violation of Condition of Release")
|seo_keywords=Article 1 Section 2, Texas Bill of Rights, republican form of government
|seo_keywords=Article 1 Section 11b, Texas Bill of Rights, pretrial bail
|seo_description=All political power is inherent in the people and all free governments are founded on their authority.
|seo_description=Under this section, a defendant is entitled to be confronted with the witnesses against him before bail can be denied.
|seo_image_alt=Texas Bill of Rights
|seo_image_alt=Texas Bill of Rights


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[[Category:Texas Bill of Rights]]
[[Category:Texas Bill of Rights]]
[[Category:Criminal Procedure]]
[[Category:TxCon ArtI Sec]]
[[Category:TxCon ArtI Sec]]

Revision as of 11:31, July 6, 2023

As amended November 6, 2007:

Any person who is accused in this State of a felony or an offense involving family violence, who is released on bail pending trial, and whose bail is subsequently revoked or forfeited for a violation of a condition of release may be denied bail pending trial if a judge or magistrate in this State determines by a preponderance of the evidence at a subsequent hearing that the person violated a condition of release related to the safety of a victim of the alleged offense or to the safety of the community.

Editor Comments

Sections 11, 11a, 11c and 13 of Article I also directly address bail for those accused of criminal offenses.

This section, added in 2005, was amended in 2007 by the same ballot proposition that added Section 11c.

—Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

None.

Library Resources

Online Resources

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