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Texas Constitution:Article I, Section 28 (view source)
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* ''Williams v. State'', 176 S.W.2d 177, [https://texaslegalguide.com/images/176_S.W.2d_177.pdf#page=8 184-85] (Tex.Crim.App. 1943) ("The next question presented is: Does the Act authorize the Commissioner of Agriculture to suspend the law? This question arises by reason of the provisions of the Act which authorize the Commissioner to promulgate rules and regulations constituting exceptions to the Act making it unlawful to grow cotton in regulated zones. We think this question has been determined by the Supreme Court of the United States, in . . . . The court held the contention untenable and that the power to grant exceptions there authorized was that of a fact-finding and administrative nature.") | * ''Williams v. State'', 176 S.W.2d 177, [https://texaslegalguide.com/images/176_S.W.2d_177.pdf#page=8 184-85] (Tex.Crim.App. 1943) ("The next question presented is: Does the Act authorize the Commissioner of Agriculture to suspend the law? This question arises by reason of the provisions of the Act which authorize the Commissioner to promulgate rules and regulations constituting exceptions to the Act making it unlawful to grow cotton in regulated zones. We think this question has been determined by the Supreme Court of the United States, in . . . . The court held the contention untenable and that the power to grant exceptions there authorized was that of a fact-finding and administrative nature.") | ||
* ''State v. Ferguson'', 125 S.W.2d 272, [https://texaslegalguide.com/images/ | * ''State v. Ferguson'', 125 S.W.2d 272, [https://texaslegalguide.com/images/125_SW2_272.pdf#page=5 276] (Tex. 1939) ("To state the nature of this order is to reveal the lack of power in a judge or court to enter it. Section 28 of Article 1 of our State Constitution prescribes that: 'No power of suspending laws in this State shall be exercised except by the Legislature.' That is an express denial to the judicial branch of government of any power to suspend any valid statute. Not only may judges and courts not suspend a statute, but neither may they supervise and direct the manner and method of its enforcement by the officers of the executive department of government charged with the duty of enforcing same.") | ||
* ''Constantin v. Smith'', 57 F.2d 227, [https://texaslegalguide.com/images/Fed2_227.pdf#page=11 237] (E.D.Tex. 1932) ("They were written into the fundamental law as direct inhibitions upon the executive, by men who had suffered under the imposition of martial law . . . . In every convention, in every gathering assembled, protesting the suppression of free speech, the interference with the processes, the judgments, the decrees of courts, these men had denounced martial tyranny, and sought relief against it, and, when they met to adopt the Constitution of 1876 which still obtains, they determined to, and they did, so write the fundamental law that such deprivations of liberty might never again occur.") | * ''Constantin v. Smith'', 57 F.2d 227, [https://texaslegalguide.com/images/Fed2_227.pdf#page=11 237] (E.D.Tex. 1932) ("They were written into the fundamental law as direct inhibitions upon the executive, by men who had suffered under the imposition of martial law . . . . In every convention, in every gathering assembled, protesting the suppression of free speech, the interference with the processes, the judgments, the decrees of courts, these men had denounced martial tyranny, and sought relief against it, and, when they met to adopt the Constitution of 1876 which still obtains, they determined to, and they did, so write the fundamental law that such deprivations of liberty might never again occur.") | ||