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

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* ''Board of Water Engineers v. McKnight'', 229 S.W. 301, [https://texaslegalguide.com/images/229_SW_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/229_SW_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.")


* ''Snyder v. Compton'', 28 S.W. 1061, [https://texaslegalguide.com/images/Vol_028_SWR_1061.pdf#page=2 1062-63] (Tex. 1894) ("A legislature may not construe a former law so as to give such construction a retroactive operation. Such is an evasion of the province of the courts. Not so, however, when the act itself contains a provision declaring the mode in which it shall be construed. A notable instance of this is found in our Revised Statutes, which contain a chapter in which rules are laid down for the construction of all civil statutory enactments. These rules have frequently been applied in this court in construing the provisions of the Revised Statutes, and have ever been regarded as binding upon the court.")
* ''Snyder v. Compton'', 28 S.W. 1061, [https://texaslegalguide.com/images/028_SW_1061.pdf#page=2 1062-63] (Tex. 1894) ("A legislature may not construe a former law so as to give such construction a retroactive operation. Such is an evasion of the province of the courts. Not so, however, when the act itself contains a provision declaring the mode in which it shall be construed. A notable instance of this is found in our Revised Statutes, which contain a chapter in which rules are laid down for the construction of all civil statutory enactments. These rules have frequently been applied in this court in construing the provisions of the Revised Statutes, and have ever been regarded as binding upon the court.")


* ''Milan County v. Bateman'', 54 Tex. 153, [https://texaslegalguide.com/images/54_Tex._153.pdf#page=15 167] (1880) ("[U]nder our system of government, unlike the parliament of Great Britain, [the Legislature] has no general judicial powers. As said by Mr. Cooley, 'the legislative action cannot be made to retroact upon past controversies, and to reverse decisions which the courts, in the exercise of their undoubted authority, have made; for this would not only be the exercise of judicial power, but it would be its exercise in the most objectionable and offensive form, since the legislature would in effect sit as a court of review, to which parties might appeal when dissatisfied with the rulings of the courts.'")
* ''Milan County v. Bateman'', 54 Tex. 153, [https://texaslegalguide.com/images/54_Tex._153.pdf#page=15 167] (1880) ("[U]nder our system of government, unlike the parliament of Great Britain, [the Legislature] has no general judicial powers. As said by Mr. Cooley, 'the legislative action cannot be made to retroact upon past controversies, and to reverse decisions which the courts, in the exercise of their undoubted authority, have made; for this would not only be the exercise of judicial power, but it would be its exercise in the most objectionable and offensive form, since the legislature would in effect sit as a court of review, to which parties might appeal when dissatisfied with the rulings of the courts.'")