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Texas Constitution:Article I, Section 28 (view source)
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* ''Brown Cracker & Candy Co. v. City of Dallas'', 137 S.W. 342, [https://texaslegalguide.com/images/Vol_137_SWR_342.pdf#page=2 343] (Tex. 1911) ("In Burton v. Dupree, 19 Tex.Civ.App. 275, 46 S.W. 272, Judge Key . . . . Quoting the present section 28 of article 1 of the Constitution, that learned judge says: 'This section restricts the power to suspend laws to the Legislature, and expressly prohibits the exercise of such power by any other body. In view of this provision of the Constitution, it must be held (whatever may have been the power of the Legislature under former Constitutions) that that body cannot now delegate to a municipal corporation or to any one else authority to suspend a statute law of the state.'") | * ''Brown Cracker & Candy Co. v. City of Dallas'', 137 S.W. 342, [https://texaslegalguide.com/images/Vol_137_SWR_342.pdf#page=2 343] (Tex. 1911) ("In Burton v. Dupree, 19 Tex.Civ.App. 275, 46 S.W. 272, Judge Key . . . . Quoting the present section 28 of article 1 of the Constitution, that learned judge says: 'This section restricts the power to suspend laws to the Legislature, and expressly prohibits the exercise of such power by any other body. In view of this provision of the Constitution, it must be held (whatever may have been the power of the Legislature under former Constitutions) that that body cannot now delegate to a municipal corporation or to any one else authority to suspend a statute law of the state.'") | ||
* ''McDonald v. Denton'', 132 S.W. 823, [https://texaslegalguide.com/images/ | * ''McDonald v. Denton'', 132 S.W. 823, [https://texaslegalguide.com/images/132_SW_823.pdf#page=2 824-25] (Tex.Civ.App. 1910, denied) ("Article 1, § 28, Const. 1876. If the change had any significance, it evinced a desire upon the part of the makers of our present Constitution to restrict the power to suspend laws to direct action upon the part of the Legislature. . . . Judge Cooley says this is the test for the authority and binding force of legislative enactments. Under that test, the Legislature would not have the authority to do directly what appellees contend it has attempted to do by delegating authority to the city of Houston to suspend certain laws of Texas as to certain individuals in certain localities.") | ||
* ''Ex parte Smythe'', 120 S.W. 200, [https://texaslegalguide.com/images/120_SW_200.pdf#page=2 201] (Tex.Crim.App. 1909) ("Section 28, art. 1, of the state Constitution [] : 'No power of suspending laws in this state shall be exercised except by the Legislature.' The clause of the statute under consideration, last cited, clearly authorizes the county judge to suspend the law in that he suspends the punishment. A law without a punishment, especially a penal law, has no validity or force whatever, and when one suspends the penalty he suspends the law. Therefore we hold that this section of the act in question violates the section of the Constitution last quoted. . . . Relator is accordingly discharged.") | * ''Ex parte Smythe'', 120 S.W. 200, [https://texaslegalguide.com/images/120_SW_200.pdf#page=2 201] (Tex.Crim.App. 1909) ("Section 28, art. 1, of the state Constitution [] : 'No power of suspending laws in this state shall be exercised except by the Legislature.' The clause of the statute under consideration, last cited, clearly authorizes the county judge to suspend the law in that he suspends the punishment. A law without a punishment, especially a penal law, has no validity or force whatever, and when one suspends the penalty he suspends the law. Therefore we hold that this section of the act in question violates the section of the Constitution last quoted. . . . Relator is accordingly discharged.") | ||