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

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

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* ''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.")
* ''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/054_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.'")


* ''Houston Tap & B. Ry. Co. v. Randolph'', 24 Tex. 317, [https://texaslegalguide.com/images/24_Tex._317.pdf#page=20 336] (1859) ("It contemplates that the persons employed in each department, will be wise enough, and honest enough, to discharge the duties entrusted to them, without the aid or interference of the others. And it is a full warrant for each department to disregard and repel such volunteer and unauthorized aid and interference. For, as before said, each one of these departments acts under a delegated limited authority, and if one exceed its authority, by usurping powers not belonging to it, its act is a nullity, not binding upon the other departments, and may be totally disregarded by them.")
* ''Houston Tap & B. Ry. Co. v. Randolph'', 24 Tex. 317, [https://texaslegalguide.com/images/24_Tex._317.pdf#page=20 336] (1859) ("It contemplates that the persons employed in each department, will be wise enough, and honest enough, to discharge the duties entrusted to them, without the aid or interference of the others. And it is a full warrant for each department to disregard and repel such volunteer and unauthorized aid and interference. For, as before said, each one of these departments acts under a delegated limited authority, and if one exceed its authority, by usurping powers not belonging to it, its act is a nullity, not binding upon the other departments, and may be totally disregarded by them.")
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