Texas Constitution:Article I, Section 29: Difference between revisions

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{{DISPLAYTITLE:Article I, Section 29 of the Texas Constitution (''<small>"Bill of Rights Excepted from Powers of Government and Inviolate"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:
{{DISPLAYTITLE:Article I, Section 29 of the Texas Constitution (''<small>"Bill of Rights Excepted from Powers of Government"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:


'''To guard against transgressions of the high powers herein delegated, we declare that every thing in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.'''
'''To guard against transgressions of the high powers herein delegated, we declare that every thing in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.'''
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This section, originally the last section of the Texas Bill of Rights, emphasizes the supremacy of the state constitution over the government of Texas.
This section, originally the last section of the Texas Bill of Rights, emphasizes the supremacy of the state constitution over the state government.


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* ''Rochelle v. Lane'', 148 S.W. 558, [https://texaslegalguide.com/images/148_SW_558.pdf#page=3 560] (Tex. 1912) ("The judgment, being a judicial act, cannot be reviewed by an executive officer. . . . It is urged that previous Comptrollers have exercised the same power for many years. If that be true, it is time that it should be known in Texas that a disregard of the Constitution by the usurpation of power on the part of officials is not sanctified by its long continuance, and that each officer should confine his acts to the limits of his power. We would not disparage the zeal of respondent nor challenge the honesty of his purpose, but the superiority of the Constitution must be sustained until the sovereign voters shall change it.")
* ''Rochelle v. Lane'', 148 S.W. 558, [https://texaslegalguide.com/images/148_SW_558.pdf#page=3 560] (Tex. 1912) ("The judgment, being a judicial act, cannot be reviewed by an executive officer. . . . It is urged that previous Comptrollers have exercised the same power for many years. If that be true, it is time that it should be known in Texas that a disregard of the Constitution by the usurpation of power on the part of officials is not sanctified by its long continuance, and that each officer should confine his acts to the limits of his power. We would not disparage the zeal of respondent nor challenge the honesty of his purpose, but the superiority of the Constitution must be sustained until the sovereign voters shall change it.")


|seo_title=Article I, Section 29 of the Texas Constitution ("Bill of Rights Excepted from Powers of Government and Inviolate")
* ''Stockton v. Montgomery'', 1 Dallam 473, [https://texaslegalguide.com/images/001_Dal_473.pdf#page=8 480] (1842) ("What is the Constitution? It is the basis on which the government rests–the authority for all law–and is the commission under which the Legislature, the executive, and the judiciary act. . . . Whatever the collisions of opposite interests, the virulence of parties and the conspiracies of corruption, public robbery and treason, it continues like the Himalaya or the Andes, amidst and above the storm,–the nation's destiny dependent upon its subsistence. If a legislative act impugn its principles, the act must yield; and whenever it is brought before the court it must be declared void. Nay, the act is inherently nothing.")
 
|seo_title=Article I, Section 29 of the Texas Constitution ("Bill of Rights Excepted from Powers of Government")
|seo_keywords=Article 1 Section 29, Texas Bill of Rights, supremacy of constitution
|seo_keywords=Article 1 Section 29, Texas Bill of Rights, supremacy of constitution
|seo_description=Under this section, everything in the Texas Bill of Rights is excepted from the powers of state government.
|seo_description=Under this section, everything in the Texas Bill of Rights is excepted from the powers of state government.