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

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* ''Travelers' Insurance Co. v. Marshall'', 76 S.W.2d 1007, [https://texaslegalguide.com/images/076_SW2_1007.pdf#page=4 1010] (Tex. 1934) ("We are asked, however, to hold that, under the ''police power'', one of the powers of government (''State v. Coleman'', 96 Conn. 190, 113 A. 385) vitalized by emergency conditions, the Legislature had the authority to pass the measure before us. We are asked to do this, although the Bill of Rights, section 16, expressly prohibits the enactment of laws impairing the obligation of contracts. . . . Obviously all these questions must be answered in the negative. This is so because the pronouncements of the Constitution are 'imperious, supreme and paramount.'")
* ''Travelers' Insurance Co. v. Marshall'', 76 S.W.2d 1007, [https://texaslegalguide.com/images/076_SW2_1007.pdf#page=4 1010] (Tex. 1934) ("We are asked, however, to hold that, under the ''police power'', one of the powers of government (''State v. Coleman'', 96 Conn. 190, 113 A. 385) vitalized by emergency conditions, the Legislature had the authority to pass the measure before us. We are asked to do this, although the Bill of Rights, section 16, expressly prohibits the enactment of laws impairing the obligation of contracts. . . . Obviously all these questions must be answered in the negative. This is so because the pronouncements of the Constitution are 'imperious, supreme and paramount.'")


* ''Eucaline Medicine Co. v. Standard Inv. Co.'', 25 S.W.2d 259, [https://texaslegalguide.com/images/025_S.W.2d_259.pdf#page=5 263] (Tex.Civ.App.–Dallas 1930, ref'd) ("The American concept of constitutional government is that originally all legislative powers resided in the people, that certain of these powers were surrendered to the national government, and those not surrendered were reserved, and have been committed by the people of the states to their State Legislatures under certain limitations and restrictions. It follows therefore that the Legislature of a state in enacting statutes may exercise all the reserve powers of the people, except as expressly or impliedly limited in the Constitution.")
* ''Eucaline Medicine Co. v. Standard Inv. Co.'', 25 S.W.2d 259, [https://texaslegalguide.com/images/025_SW2_259.pdf#page=5 263] (Tex.Civ.App.–Dallas 1930, ref'd) ("The American concept of constitutional government is that originally all legislative powers resided in the people, that certain of these powers were surrendered to the national government, and those not surrendered were reserved, and have been committed by the people of the states to their State Legislatures under certain limitations and restrictions. It follows therefore that the Legislature of a state in enacting statutes may exercise all the reserve powers of the people, except as expressly or impliedly limited in the Constitution.")


* ''Felton v. Johnson'', 247 S.W. 837, [https://texaslegalguide.com/images/Vol_247_SWR_837.pdf#page=4 840] (Tex. 1923) ("In view of the history of this bill, we think we would do violence to the plain intent of the Legislature if we recommended a construction of this statute which would include professional services of a real estate broker within its terms. Before we could make such a recommendation, we think it would be necessary for us to insert in this statute the very provisions which the Legislature not only refused to include therein but expressly eliminated therefrom. The courts should not do that. To do so would clearly invade the prerogatives of the legislative branch of the state government.")
* ''Felton v. Johnson'', 247 S.W. 837, [https://texaslegalguide.com/images/Vol_247_SWR_837.pdf#page=4 840] (Tex. 1923) ("In view of the history of this bill, we think we would do violence to the plain intent of the Legislature if we recommended a construction of this statute which would include professional services of a real estate broker within its terms. Before we could make such a recommendation, we think it would be necessary for us to insert in this statute the very provisions which the Legislature not only refused to include therein but expressly eliminated therefrom. The courts should not do that. To do so would clearly invade the prerogatives of the legislative branch of the state government.")