4,834
edits
Texas Constitution:Article III, Section 1 (view source)
Revision as of 11:55, July 24, 2023
, July 24, 2023no edit summary
No edit summary |
No edit summary |
||
| Line 35: | Line 35: | ||
* ''Friedman v. American Surety Co.'', 151 S.W.2d 570, [https://texaslegalguide.com/images/151_SW2_570.pdf#page=11 580] (Tex. 1941) ("It seems to be then argued that if it was necessary to amend the Constitution in the instances above mentioned, to enable the Legislature to pass laws to accomplish their purposes, it is necessary to amend the Constitution to enable the Legislature to accomplish the purposes of this Act. . . . We will say, however, that the history of the submission of constitutional amendments in this State will prove that not all of them have been submitted in order to create a legislative power. Some few have undoubtedly been submitted to ascertain the will of the people.") | * ''Friedman v. American Surety Co.'', 151 S.W.2d 570, [https://texaslegalguide.com/images/151_SW2_570.pdf#page=11 580] (Tex. 1941) ("It seems to be then argued that if it was necessary to amend the Constitution in the instances above mentioned, to enable the Legislature to pass laws to accomplish their purposes, it is necessary to amend the Constitution to enable the Legislature to accomplish the purposes of this Act. . . . We will say, however, that the history of the submission of constitutional amendments in this State will prove that not all of them have been submitted in order to create a legislative power. Some few have undoubtedly been submitted to ascertain the will of the people.") | ||
* ''Texas National Guard Armory Board v. McCraw'', 126 S.W.2d 627, [https://texaslegalguide.com/images/ | * ''Texas National Guard Armory Board v. McCraw'', 126 S.W.2d 627, [https://texaslegalguide.com/images/126_SW2_627.pdf#page=9 635] (Tex. 1939) ("The general rule prevails . . . . However, there are many powers that the Legislature may delegate to other bodies. In many instances, where the Legislature cannot itself practically or efficiently perform the functions required, there can be no doubt of its authority to designate some tribunal to perform the duties required to carry out the purposes of such legislation. In this State the Legislature has created the Railroad Commission, the Live Stock Commission, the Highway Commission, and many other agencies; and the trend of modern decisions is to uphold such laws.") | ||
* ''De Shazo v. Webb'', 113 S.W.2d 519, [https://texaslegalguide.com/images/113_S.W.2d_519.pdf#page=5 523] (Tex. 1938) ("[T]he Legislature has the power to enact any law that is not in conflict with the Constitution of this state or of the United States, or valid laws enacted by the latter. No contention is made by contestee that the above statutes involve any federal question. . . . When we consider, however, that this is not a civil suit, and that the statute confers the power or capacity on these contestants to maintain this legislative action, and when we are unable to put our finger on a single constitutional provision which prohibits the conferring of such power, we are compelled to overrule this contention.") | * ''De Shazo v. Webb'', 113 S.W.2d 519, [https://texaslegalguide.com/images/113_S.W.2d_519.pdf#page=5 523] (Tex. 1938) ("[T]he Legislature has the power to enact any law that is not in conflict with the Constitution of this state or of the United States, or valid laws enacted by the latter. No contention is made by contestee that the above statutes involve any federal question. . . . When we consider, however, that this is not a civil suit, and that the statute confers the power or capacity on these contestants to maintain this legislative action, and when we are unable to put our finger on a single constitutional provision which prohibits the conferring of such power, we are compelled to overrule this contention.") | ||