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Texas Constitution:Article II, Section 1 (view source)
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The Republic of Texas constitution (1836) and each of the state's first four constitutions (1845, 1861, 1866, & 1869) contained a section with the same substantive language as this section. | The Republic of Texas constitution (1836) and each of the state's first four constitutions (1845, 1861, 1866, & 1869) contained a section with the same substantive language as this fundamental section. | ||
The opening paragraph of a 1990 law review article written by a University of Texas law professor accurately states: "The constitutional law of Texas, mirroring the state's history, is rich, unique, and sometimes perplexing. A strong separation-of-powers tradition is a prominent feature of this law. In both the state and the federal contexts, everyone favors separation of powers as an abstract principle, but few understand its application to modern government. In particular, the "fourth branch" of government—administrative agencies—rests uncomfortably in the classical tripartite scheme. Texas courts, like those elsewhere, have struggled with separation-of-powers issues and have produced a body of case law that resists confident application to new controversies." Harold Bruff, ''Separation of Powers Under the Texas Constitution'', 68 Tex. L. Rev. 1337, [https://lawweb.colorado.edu/profiles/pubpdfs/bruff/BruffTLR.pdf 1337] (1990) (footnote omitted). | The opening paragraph of a 1990 law review article written by a University of Texas law professor accurately states: "The constitutional law of Texas, mirroring the state's history, is rich, unique, and sometimes perplexing. A strong separation-of-powers tradition is a prominent feature of this law. In both the state and the federal contexts, everyone favors separation of powers as an abstract principle, but few understand its application to modern government. In particular, the "fourth branch" of government—administrative agencies—rests uncomfortably in the classical tripartite scheme. Texas courts, like those elsewhere, have struggled with separation-of-powers issues and have produced a body of case law that resists confident application to new controversies." Harold Bruff, ''Separation of Powers Under the Texas Constitution'', 68 Tex. L. Rev. 1337, [https://lawweb.colorado.edu/profiles/pubpdfs/bruff/BruffTLR.pdf 1337] (1990) (footnote omitted). | ||