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

Texas Constitution:Article I, Section 19 (view source)

Revision as of 10:46, July 17, 2023

5 bytes removed , July 17, 2023

no edit summary

Admin

attorneys, bureaucrats, interface administrators, administrators

4,834

edits

@@ Line 5: / Line 5: @@
 |editor=
-The fundamental precept declared by this section has its origin in the twenty-ninth chapter of ''Magna Carta''. See Cooley ''A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union'' 1874 at [351-53] (citations omitted) ("In some form of words, it is to be found in each of the State constitutions . . . . Indeed, the language employed is generally nearly identical, except that the phrase 'due process [or course] of law' is sometimes used, sometimes 'the law of the land,' and in some cases both; but the meaning is the same in every case.").
+The fundamental precept declared by this section has its origin in chapter twenty-nine of ''Magna Carta''. See Cooley ''A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union'' 1874 at [351-53] (citations omitted) ("In some form of words, it is to be found in each of the State constitutions . . . . Indeed, the language employed is generally nearly identical, except that the phrase 'due process [or course] of law' is sometimes used, sometimes 'the law of the land,' and in some cases both; but the meaning is the same in every case.").
 The section is similar to the due-process clause contained in the Fourteenth Amendment to the federal constitution ("nor shall any State deprive any person of life, liberty, or property, without due process of law"). Cf. ''Zucht v. King'', 260 U.S. 174, [https://scholar.google.com/scholar_case?case=17474784919803032884#p176 176] (1922) ("Long before this suit was instituted, ''Jacobson v. Massachusetts'', 197 U.S. 11, had settled that it is within the police power of a State to provide for compulsory vaccination. . . . And still others had settled that the municipality may vest in its officials broad discretion in matters affecting the application and enforcement of a health law.").