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

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* ''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.")
* ''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/268_SW_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.")


* ''Board of Water Engineers v. McKnight'', 229 S.W. 301, [https://texaslegalguide.com/images/Vol_229_SWR_301.pdf#page=7 307] (Tex. 1921) ("An inquiry involving such questions and resulting in the binding adjudication of property rights is strictly judicial, and we would not uphold the Constitution as it is plainly written were we to sanction the delegation of the power to conduct and to finally determine such an inquiry to any other tribunal than the courts. . . . The Legislature having attempted by the statutes in question to confer on persons belonging to the executive department powers which properly attach to another department, without express permission of the Constitution, the statutes are void.")
* ''Board of Water Engineers v. McKnight'', 229 S.W. 301, [https://texaslegalguide.com/images/Vol_229_SWR_301.pdf#page=7 307] (Tex. 1921) ("An inquiry involving such questions and resulting in the binding adjudication of property rights is strictly judicial, and we would not uphold the Constitution as it is plainly written were we to sanction the delegation of the power to conduct and to finally determine such an inquiry to any other tribunal than the courts. . . . The Legislature having attempted by the statutes in question to confer on persons belonging to the executive department powers which properly attach to another department, without express permission of the Constitution, the statutes are void.")