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Texas Constitution talk:Article III, Section 56: Difference between revisions
Texas Constitution talk:Article III, Section 56 (edit)
Revision as of 11:55, September 9, 2023
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Premise, in largest | Premise, in largest county but not other 353 one elected person will manage election better than one person appointed by cc plus chair | ||
Bad countyauditr, fire lower salary move to treasure of Tarrant coutr. | Bad countyauditr, fire lower salary move to treasure of Tarrant coutr. | ||
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Replacing bad officer ee local matter. . | Replacing bad officer ee local matter. . | ||
Miller: "Notwithstanding the above constitutional provision, the courts recognize in the Legislature a rather broad power to make classifications for legislative purposes and to enact laws for the regulation thereof, even though such legislation may be applicable only to a particular class or, in fact, affect only the inhabitants of a particular locality; but such legislation must be intended to apply uniformly to all who may come within the classification designated in the Act, and the classification must be broad enough to include a substantial class and must be based on characteristics legitimately distinguishing such class from others with respect to the public purpose sought to be accomplished by the proposed legislation. In other words, there must be a substantial reason for the classification. It must not be a mere arbitrary device resorted to for the purpose of giving what is, in fact, a local law the appearance of a general law." | Miller: "Notwithstanding the above constitutional provision, the courts recognize in the Legislature a rather broad power to make classifications for legislative purposes and to enact laws for the regulation thereof, even though such legislation may be applicable only to a particular class or, in fact, affect only the inhabitants of a particular locality; but such legislation must be intended to apply uniformly to all who may come within the classification designated in the Act, and the classification must be broad enough to include a substantial class and must be based on characteristics legitimately distinguishing such class from others with respect to the public purpose sought to be accomplished by the proposed legislation. In other words, there must be a substantial reason for the classification. It must not be a mere arbitrary device resorted to for the purpose of giving what is, in fact, a local law the appearance of a general law." | ||
"The fundamental rule is that all classification must be based upon substantial distinctions which make one class really different from another." 2. " Another rule is that the characteristics which form the basis of the classification must be germane to the purpose of the law; in other words, legislation for a class, to be general, must be confined to matters peculiar to the class. There must be an evident | |||
connection between the distinctive features to be regulated and the regulation adopted. | |||
reasonable ''basis'' for classification; i.e. "unconstitutional by reason of the fact that such classification bears no reasonable relationship to the objects sought to be accomplished" | reasonable ''basis'' for classification; i.e. "unconstitutional by reason of the fact that such classification bears no reasonable relationship to the objects sought to be accomplished" | ||