Texas Constitution talk:Article I, Section 19: Difference between revisions

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The due-course clause of the Texas Constitution states that no
TSC 23-0697 {"The Texas Constitution provides that '[n]o citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.' TEX. CONST. art. I, § 19.")
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

Latest revision as of 14:01, June 28, 2024

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TSC 23-0697 {"The Texas Constitution provides that '[n]o citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.' TEX. CONST. art. I, § 19.")

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