4,834
edits
Texas Constitution:Article I, Section 28 (view source)
Revision as of 14:28, July 12, 2023
, July 12, 2023no edit summary
No edit summary |
No edit summary |
||
| Line 28: | Line 28: | ||
Finally, note that Abbott's orders would be judged in context. Enforcement of structural provisions like this section may be relaxed during emergencies. Actions that would normally be invalid may be upheld in times of war or sudden crisis. Cf. Lindsay Wiley, ''Democratizing the Law of Social Distancing'', 19 Yale J. Health Pol'y L. Ethics 50, [https://openyls.law.yale.edu/bitstream/handle/20.500.13051/5965/Wiley_v19n3_50_121.pdf?sequence=2&isAllowed=y#page=34 83] (2020) ("[T]he Fifth Circuit 'reduced' the complex 1905 Supreme Court decision in ''Jacobson v. Massachusetts'' to 'a clear and easy test' dictating suspension of ordinary, heightened standards of review for measures that infringe upon civil liberties during a public health emergency."). However, any implied exception would apply only to the extent required by the exigencies of the situation. Therefore, the exception would be inapplicable to orders issued after the Legislature became institutionally capable of addressing the coronavirus pandemic. | Finally, note that Abbott's orders would be judged in context. Enforcement of structural provisions like this section may be relaxed during emergencies. Actions that would normally be invalid may be upheld in times of war or sudden crisis. Cf. Lindsay Wiley, ''Democratizing the Law of Social Distancing'', 19 Yale J. Health Pol'y L. Ethics 50, [https://openyls.law.yale.edu/bitstream/handle/20.500.13051/5965/Wiley_v19n3_50_121.pdf?sequence=2&isAllowed=y#page=34 83] (2020) ("[T]he Fifth Circuit 'reduced' the complex 1905 Supreme Court decision in ''Jacobson v. Massachusetts'' to 'a clear and easy test' dictating suspension of ordinary, heightened standards of review for measures that infringe upon civil liberties during a public health emergency."). However, any implied exception would apply only to the extent required by the exigencies of the situation. Therefore, the exception would be inapplicable to orders issued after the Legislature became institutionally capable of addressing the coronavirus pandemic. | ||
|recent= | |recent= | ||
| Line 80: | Line 76: | ||
|seo_title=Featured Article: Article I, Section 28 of the Texas Constitution ("Suspension of Laws") | |seo_title=Featured Article: Article I, Section 28 of the Texas Constitution ("Suspension of Laws") | ||
|seo_keywords=suspension of laws, coronavirus pandemic | |seo_keywords=Article 1 Section 28, suspension of laws, coronavirus pandemic | ||
|seo_description= | |seo_description=No power of suspending laws in this State shall be exercised except by the Legislature. | ||
|seo_image_alt=Texas Bill of Rights | |seo_image_alt=Texas Bill of Rights | ||