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Texas Constitution:Article I, Section 16 (view source)
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{{DISPLAYTITLE:Article I, Section 16 of the Texas Constitution (''<small>"Bills of Attainder; Ex Post Facto or Retroactive Laws; Impairing Obligation of Contracts"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876: | {{DISPLAYTITLE:Article I, Section 16 of the Texas Constitution (''<small>"Bills of Attainder; Ex Post Facto or Retroactive Laws; Impairing Obligation of Contracts"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876: | ||
'''No bill of attainder, | '''No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made.''' | ||
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The federal constitution expressly prohibits the states from enacting bills of attainder, ex post facto laws, and laws impairing the obligation of contracts. However, it does not directly address retroactive laws. | The federal constitution expressly prohibits the states from enacting bills of attainder, ex post facto laws, and laws impairing the obligation of contracts. However, it does not directly address retroactive laws. | ||
Note that, in the 1934 ''Travelers' Insurance Co. v. Marshall'' decision referenced below, the Texas Supreme Court specifically held that this section's provision regarding the impairment of contracts was stricter than its federal counterpart. Cf. ''Home Building and Loan Association v. Blaisdell'', 290 U.S. 398, [https://scholar.google.com/scholar_case?case=8045354711683233471#p415 415-16] (1934) ("Appellant contests the validity of Chapter 339 of the Laws of Minnesota of 1933, p. 514, approved April 18, 1933, called the Minnesota Mortgage Moratorium Law, as being repugnant to the contract clause (Art. I, § 10) and the due process and equal protection clauses of the Fourteenth Amendment, of the Federal Constitution."). | |||
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* ''Hamilton v. Flinn'', 21 Tex. 713, [https://texaslegalguide.com/images/021_Tex_713.pdf#page=4 716-17] (1858) ("It is very clear that the rights of forced heirship, under the law of 1840, were, although inchoate, but a mere expectancy during the life of the ancestor, which did not vest nor have vitality until his death; that the ''status'' and rights of forced heirs being the creatures of law, must derive their existence and force from the law under which they vest or are brought into existence . . . . The heirs having no rights cannot complain of an approval by the legislature, expressly or by implication, of wills previously made but not fixed by the death of the maker.") | * ''Hamilton v. Flinn'', 21 Tex. 713, [https://texaslegalguide.com/images/021_Tex_713.pdf#page=4 716-17] (1858) ("It is very clear that the rights of forced heirship, under the law of 1840, were, although inchoate, but a mere expectancy during the life of the ancestor, which did not vest nor have vitality until his death; that the ''status'' and rights of forced heirs being the creatures of law, must derive their existence and force from the law under which they vest or are brought into existence . . . . The heirs having no rights cannot complain of an approval by the legislature, expressly or by implication, of wills previously made but not fixed by the death of the maker.") | ||
* ''DeCordova v. City of Galveston'', 4 Tex. 470, [https://texaslegalguide.com/images/004_Tex_470.pdf#page= | * ''DeCordova v. City of Galveston'', 4 Tex. 470, [https://texaslegalguide.com/images/004_Tex_470.pdf#page=6 479-80] (1849) ("The cases to which reference has been made, and the opinions of the courts in expounding this constitutional inhibition, will serve to illustrate the intention of the convention in imposing the restriction. Laws are deemed retrospective and within the constitutional prohibition which by retrospective operation . . . or if an attempt were made by law, either by implication or expressly, to revive causes of action already barred, such legislation would be retrospective within the intent of the prohibition, and would therefore be wholly inoperative.") | ||
|seo_title=Article I, Section 16 of the Texas Constitution ("Bills of Attainder; Ex Post Facto or Retroactive Laws; Impairing Obligation of Contracts") | |seo_title=Article I, Section 16 of the Texas Constitution ("Bills of Attainder; Ex Post Facto or Retroactive Laws; Impairing Obligation of Contracts") | ||
|seo_keywords=Article 1 Section 16 | |seo_keywords=retroactive laws, Article 1 Section 16, laws impairing obligation of contracts | ||
|seo_description=No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made. | |seo_description=No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made. | ||
|seo_image_alt=Texas Bill of Rights | |seo_image_alt=Texas Bill of Rights | ||