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Texas Constitution talk:Article III, Section 56: Difference between revisions
Texas Constitution talk:Article III, Section 56 (edit)
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x Cordova v. State, 6 TCR 207 (1879) | x Cordova v. State, 6 TCR 207 (1879) | ||
== | ==brief== | ||
The prohibition against special legislation will be practically a dead letter. As it is the practice in the Legislature to yield and grant any local measure asked by any representative in that body, it is only necessary to demand a particular enactment for a special purpose, and if there is no constitutional constraint, it is passed as a matter of course. The legislative discretion in such cases extend only to the representations of the member who is interested in the passage of the bill. | The prohibition against special legislation will be practically a dead letter. As it is the practice in the Legislature to yield and grant any local measure asked by any representative in that body, it is only necessary to demand a particular enactment for a special purpose, and if there is no constitutional constraint, it is passed as a matter of course. The legislative discretion in such cases extend only to the representations of the member who is interested in the passage of the bill. | ||
All counties where the same circumstances exist must have the same form of government. | |||
so that a law for one class can reasonably be | so that a law for one class can reasonably be expected to work equally well for every member of the class; while, if it works ill, it is almost certain to do so in every case, and that for some cause which lies deeper than the mere fact that the law is general. The number of places necessarily affected by a law prevents, moreover, the enactment of laws designed in the interest of one place only. If such a law be against the interest of the other communities affected by it, they will oppose its passage, and thus the unfair grant of special privileges will be prevented | ||
expected to work equally well for every member of the | |||
class ; while, if it works ill, it is almost certain to do so in | |||
every case, and that for some cause which lies deeper than | |||
the mere fact that the law is general. The number of | |||
places necessarily affected by a law prevents, moreover, the | |||
enactment of laws designed in the interest of one place | |||
only. If such a law be against the interest of the other | |||
communities affected by it, they will oppose its passage, and | |||
thus the unfair grant of special privileges will be prevented | |||
almost every local law affects people residing outside the locality, the | almost every local law affects people residing outside the locality, the distinction between general and local laws would seem, under the doctrine of these cases, to be very indefinite | ||
distinction between general and local laws would seem, | |||
under the doctrine of these cases, to be very indefinite | |||
there is a legitimate relationship between the size of a city and the privilege of detaching a portion of its territory and | there is a legitimate relationship between the size of a city and the privilege of detaching a portion of its territory and the statute, based upon such relationship, is a valid statute | ||