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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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Miller: "Resort to population brackets for the purpose of classifying subjects for legislation is permissible where the spread of population is broad enough to include or segregate a substantial class, and where the population bears some real relation to the subject of legislation and affords a fair basis for the classification." | Miller: "Resort to population brackets for the purpose of classifying subjects for legislation is permissible where the spread of population is broad enough to include or segregate a substantial class, and where the population bears some real relation to the subject of legislation and affords a fair basis for the classification." | ||
If there is a legitimate relationship between the size of a city and the privilege of detaching a portion of its territory and that Art. 1266, based upon such relationship, is a valid statufe. Whether it is wise or unwise is exclusively a legislative matter. | |||
Lewis' Sutherland Stat. Construction (2d Ed.), p. 397 et seq. and notes: "A classification based upon existing or past conditions or facts, and which would exclude the persons, places, things or objects thereafter coming into the same situation or condition, is special and void." | Lewis' Sutherland Stat. Construction (2d Ed.), p. 397 et seq. and notes: "A classification based upon existing or past conditions or facts, and which would exclude the persons, places, things or objects thereafter coming into the same situation or condition, is special and void." | ||