TLG

Texas Constitution:Article II, Section 1: Difference between revisions

Constitution Discussion

Texas Constitution:Article II, Section 1 (view source)

Revision as of 13:57, July 22, 2023

5 bytes removed ,  July 22, 2023
no edit summary
No edit summary
No edit summary
Line 45: Line 45:
* ''Brown v. Humble Oil & Refining Co.'', 83 S.W.2d 935, [https://texaslegalguide.com/images/083_SW2_935.pdf#page=6 940-41] (Tex. 1935) (citations omitted) ("Certain Acts were passed which specifically declare the public policy of this State with respect to the development and protection of oil and gas, and established primary standards relating to such policy, and placed the duty upon the Railroad Commission to carry out the details under the general provisions of the statutes. That this is a valid exercise of power is now definitely settled. In the absence of a well defined standard . . . . The power to pass laws rests with the Legislature, and that power cannot be delegated to some commission or other tribunal.")
* ''Brown v. Humble Oil & Refining Co.'', 83 S.W.2d 935, [https://texaslegalguide.com/images/083_SW2_935.pdf#page=6 940-41] (Tex. 1935) (citations omitted) ("Certain Acts were passed which specifically declare the public policy of this State with respect to the development and protection of oil and gas, and established primary standards relating to such policy, and placed the duty upon the Railroad Commission to carry out the details under the general provisions of the statutes. That this is a valid exercise of power is now definitely settled. In the absence of a well defined standard . . . . The power to pass laws rests with the Legislature, and that power cannot be delegated to some commission or other tribunal.")


* ''Trimmier v. Carlton'', 296 S.W. 1070, [https://texaslegalguide.com/images/Vol_296_SWR_1070.pdf#page=10 1079] (Tex. 1927) ("Article 2 of the state Constitution, originating with the Constitution of 1845, and continuing in substance the same language throughout the constitutional history of the state, provides that the powers of government shall be divided into three distinct departments . . . . It may therefore be said that the general principles of constitutional law, as declared by the various states of the Union, and by the Supreme Court of the United States, on the subject of delegation of legislative power, are applicable and may be examined in determining the meaning of our own constitutional provisions.")
* ''Trimmier v. Carlton'', 296 S.W. 1070, [https://texaslegalguide.com/images/296_SW_1070.pdf#page=10 1079] (Tex. 1927) ("Article 2 of the state Constitution, originating with the Constitution of 1845, and continuing in substance the same language throughout the constitutional history of the state, provides that the powers of government shall be divided into three distinct departments . . . . It may therefore be said that the general principles of constitutional law, as declared by the various states of the Union, and by the Supreme Court of the United States, on the subject of delegation of legislative power, are applicable and may be examined in determining the meaning of our own constitutional provisions.")


* ''Robbins v. Limestone County'', 268 S.W. 915, [https://texaslegalguide.com/images/Vol_268_SWR_915.pdf#page=6 920] (Tex. 1925) ("Formerly, under 'the laws of the State', these powers were exercised by the county commissioners courts, but, as it was constitutionally authorized to do, the Legislature created another [] the State Highway Commission, and invested it with certain powers and functions, same to be performed and executed in conjunction with other agents and agencies of the State. The powers here bestowed by the Legislature are not different from those formerly vested in Commissioners Courts, which are in no sense a delegation of legislative authority, or a delegation of the power to suspend laws.")
* ''Robbins v. Limestone County'', 268 S.W. 915, [https://texaslegalguide.com/images/Vol_268_SWR_915.pdf#page=6 920] (Tex. 1925) ("Formerly, under 'the laws of the State', these powers were exercised by the county commissioners courts, but, as it was constitutionally authorized to do, the Legislature created another [] the State Highway Commission, and invested it with certain powers and functions, same to be performed and executed in conjunction with other agents and agencies of the State. The powers here bestowed by the Legislature are not different from those formerly vested in Commissioners Courts, which are in no sense a delegation of legislative authority, or a delegation of the power to suspend laws.")
Retrieved from "https://texaslegalguide.com/Special:MobileDiff/4940"