James Wilson of Pennsylvania objected, stating it would require that state governments enforce slavery at taxpayers' expense. The court upheld Georgia's refusal to enforce the South Carolina judgment. Section 3. Amended Nov. 5, 1985, and Nov. 6, 2001.) (4) Commissioners shall receive no compensation for their services as such. Sec. The Legislative Reference Library has a constitutional amendment search and the Texas Legislative Council offers a table of constitutional amendments since 1876 [PDF]. Established the Permanent School Fund, Places limits on the raising and spending of public funds, Authorizes the Texas Legislature to create county governments, Specifics regarding local governments, including empowering them to tax, and how to charter cities, Specifics regarding public businesses, including how they would be regulated, Article 13: Spanish and Mexican Land Titles, Specifics on which land with previous claims would become state property, Established the Land Office which regulated land titles, Specifics on how to remove a public official from office, Miscellaneous regulations, ie., forbidding the legislature from printing money, forbidding U.S. public officials from holding a state office, Article 17: Mode of Amending the Constitution of this State. COUNTY COURT: TERMS, PROSECUTIONS, AND JURIES. [20] In Pacific States, a utility company challenged an Oregon tax law passed by a referendum, as opposed to the ordinary legislative process. (e) The Legislature shall authorize the purchase or acquisition by the Authority of any existing airport facility publicly owned and financed and served by certificated airlines, in fee or of any interest therein, or to enter into any lease agreement therefor, upon such terms and conditions as may be mutually agreeable to the Authority and the owner of such facilities, or authorize the acquisition of same through the exercise of the power of eminent domain. (Feb. 15, 1876. (b) No person shall be eligible to serve in the office of Chief Justice or Justice of the Supreme Court unless the person: (1) is licensed to practice law in the State of Texas; (2) is, at the time of election, a citizen of the United States and a resident of the State of Texas; (3) has attained the age of thirty-five years; (A) a practicing lawyer licensed in the State of Texas for at least ten years; or, (B) a practicing lawyer licensed in the State of Texas and judge of a state court or county court established by the Legislature by statute for a combined total of at least ten years; and. AIRPORT AUTHORITIES. Instead, by entering the Union, Texas was found to have surrendered control over the water and the soil under it to Congress. TRIAL BY JURY IN CIVIL CASES. The property of state regulated common carriers required by law to pay a tax upon intangible assets shall not be subject to taxation by the Authority. The Legislature may authorize the governing body of any county bordering on the Gulf of Mexico or the tidewater limits thereof to regulate and restrict the speed, parking and travel of motor vehicles on beaches available to the public by virtue of public right and the littering of such beaches. Revision and Adaptation. (b) Each of said Courts of Appeals shall hold its sessions at a place in its district to be designated by the Legislature, and at such time as may be prescribed by law. An amendment is a change to the Constitution. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence. The Court shall hold the regular terms at the County Seat of each County in the Court's district in such manner as may be prescribed by law. 24. The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. Texas utilizes a "plural executive" which means the power of the Governor are limited and distributed amongst other executive officials. JURISDICTION OF DISTRICT COURTS. [7] With the growth of states' rights advocacy during the antebellum period, the Supreme Court asserted, in Lessee of Pollard v. Hagan (1845),[9] that the Constitution mandated admission of new states on the basis of equality.[10]. (TEMPORARY TRANSITION PROVISION for Sec. (Added Nov. 2, 1948; Subsecs. The county or counties that may be so added to the then existing Authority shall be given representation on the Board of Directors by adding additional directors in proportion to their population according to the last preceding Federal Census. The Supreme Court, after considering the record of such appearance and the recommendation of the Commission, may suspend the person from office with or without pay, pending final disposition of the charge. Sec. Said Court of Appeals shall have appellate jurisdiction co-extensive with the limits of their respective districts, which shall extend to all cases of which the District Courts or County Courts have original or appellate jurisdiction, under such restrictions and regulations as may be prescribed by law. The Constitution of 1845 included which of the following elements? In another case, Kleppe v. New Mexico, the Court ruled that the federal Wild Horse and Burro Act was a constitutional exercise of congressional power under the Property Clause at least insofar as it was applied to a finding of trespass. The state constitution establishes the structure and purpose of the Texas government. The Judges shall have the same qualifications and receive the same salaries as the Associate Justices of the Supreme Court, and the Presiding Judge shall have the same qualifications and receive the same salary as the Chief Justice of the Supreme Court. Grand and petit juries in the District Courts shall be composed of twelve persons, except that petit juries in a criminal case below the grade of felony shall be composed of six persons; but nine members of a grand jury shall be a quorum to transact business and present bills. A Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule. Sec. It also empowers Congress to admit new states and administer the territories and other federal lands. The County Commissioners so chosen, with the County Judge as presiding officer, shall compose the County Commissioners Court, which shall exercise such powers and jurisdiction over all county business, as is conferred by this Constitution and the laws of the State, or as may be hereafter prescribed. Groups Theory & Practice - Study Set (Groups, Christina Dejong, Christopher E. Smith, George F Cole, Government in America: Elections and Updates Edition, George C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry. The legislature may delegate any of these powers to the board. (TEMPORARY TRANSITION PROVISION for Sec. Sec. County judges, county attorneys, clerks of the district and county courts, justices of the peace, constables, and other county officers, may be removed by the judges of the district courts for incompetency, official misconduct, habitual drunkenness, or other causes defined by law, upon the cause therefor being set forth in writing and the finding of its truth by a jury. [11], When, therefore, Texas became one of the United States, she entered into an indissoluble relation. Sec. (h) The commissioners court of a county may declare the office of constable in a precinct dormant if at least seven consecutive years have passed since the end of the term of the person who was last elected or appointed to the office and during that period of time no person was elected to fill that office, or during that period a person was elected to that office, but the person failed to meet the qualifications of that office or failed to assume the duties of that office. Due process shall include the right to notice, counsel, hearing, confrontation of his accusers, and all such other incidents of due process as are ordinarily available in proceedings whether or not misfeasance is charged, upon proof of which a penalty may be imposed. (d) The reapportionment powers of the board shall be exercised in the interims between regular sessions of the legislature, except that a reapportionment may not be ordered by the board during an interim immediately following a regular session of the legislature in which a valid and subsisting statewide apportionment of judicial districts is enacted by the legislature. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN OCHILTREE, CASTRO, HANSFORD, AND HOPKINS COUNTIES. 4 of Comanche County. When the Supreme Court, the Court of Criminal Appeals, the Court of Appeals, or any member of any of those courts shall be thus disqualified to hear and determine any case or cases in said court, the same shall be certified to the Governor of the State, who shall immediately commission the requisite number of persons learned in the law for the trial and determination of such cause or causes. 6. (Feb. 15, 1876. A quorum shall consist of seven (7) members. Commissioners of classes (i), (ii), (vii), and (viii) above shall be chosen by the Supreme Court with advice and consent of the Senate, those of class (iii) by the Board of Directors of the State Bar under regulations to be prescribed by the Supreme Court with advice and consent of the Senate, those of class (iv) by appointment of the Governor with advice and consent of the Senate, and the commissioners of classes (v) and (vi) by appointment of the Supreme Court as provided by law, with the advice and consent of the Senate. Any person holding such office may be disciplined or censured, in lieu of removal from office, as provided by this section. While the Supreme Court's holding in Luther v. Borden still holds today, the Court, by looking to the Equal Protection Clause of the Fourteenth Amendment (adopted 19 years after Luther v. Borden was decided), has developed new criteria for determining which questions are political in nature and which are justiciable. (Feb. 15, 1876. The County Attorneys shall represent the State in all cases in the District and inferior courts in their respective counties; but if any county shall be included in a district in which there shall be a District Attorney, the respective duties of District Attorneys and County Attorneys shall in such counties be regulated by the Legislature. The Texas Constitution does not contain a necessary and proper clause like the U.S. Constitution, therefore making it the second-longest state constitution in America (2nd only to Alabamas). A project created by ISKME. (a) The Legislature may by law provide for the creation, establishment, maintenance and operation of Airport Authorities composed of one or more counties, with power to issue general obligation bonds, revenue bonds, either or both of them, for the purchase, acquisition by the exercise of the power of eminent domain or otherwise, construction, reconstruction, repair or renovation of any airport or airports, landing fields and runways, airport buildings, hangars, facilities, equipment, fixtures, and any and all property, real or personal, necessary to operate, equip and maintain an airport. (Feb. 15, 1876. Once the new Constitution went into effect, however, Congress admitted Vermont and Kentucky on equal terms and thereafter formalized the condition in its acts of admission for subsequent states, declaring that the new state enters "on an equal footing with the original States in all respects whatever." (a) The Supreme Court shall consist of the Chief Justice and eight Justices, any five of whom shall constitute a quorum, and the concurrence of five shall be necessary to a decision of a case; provided, that when the business of the court may require, the court may sit in sections as designated by the court to hear argument of causes and to consider applications for writs of error or other preliminary matters. (d) When the boundaries of commissioners precincts are changed, each commissioner in office on the effective date of the change, or elected to a term of office beginning on or after the effective date of the change, shall serve in the precinct to which each was elected or appointed for the entire term to which each was elected or appointed, even though the change in boundaries places the person's residence outside the precinct for which he was elected or appointed. EXECUTIVE DEPARTMENT Sec. 17. Some examples of how the government was restricted were: The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015)3. 3-b. The Court of Criminal Appeals may appoint Commissioners in aid of the Court of Criminal Appeals as provided by law. JUDGES TO BE CONSERVATORS OF THE PEACE; INDICTMENTS AND INFORMATION. Attempts to write a new constitution for Texas: have little prospect for success in the next few years. [3] There is no constitutional requirement that extradited fugitives be tried only for the crimes named in the extradition proceedings. The First Clause of Section Three, also known as the Admissions Clause,[6] grants to Congress the authority to admit new states into the Union. (9) A tribunal to review the Commission's recommendation for the removal or retirement of a person holding an office or position specified in Subsection (6) of this Section is composed of seven (7) Justices or Judges of the Courts of Appeals who are selected by lot by the Chief Justice of the Supreme Court. The current constitution is the seventh in Texas history. The Full Faith and Credit Clause requires states . New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. (TEMPORARY TRANSITION PROVISIONS for Sec. The current constitution took effect on February 15, 1876. An attempt to hold a popular convention to write a new constitution was declared insurrection by the charter government, and the convention leaders were arrested. Under the current Texas Constitution, there are ___ members in the Senate and ___ members in the House. [14] These holdings include national parks, national forests, recreation areas, wildlife refuges, vast tracts of range and public lands managed by the Bureau of Land Management, reservations held in trust for Native American tribes, military bases, and ordinary federal buildings and installations. Sec. Fort Worth Star-Telegram. The Executive Department of the State shall consist of a Governor, who shall be the Chief Executive Officer of the State, a Lieutenant Governor, Secretary of State, Comptroller of Public Accounts, Commissioner of the General Land Office, and Attorney General. 28: See Appendix, Note 3.). 9: See Appendix, Note 1.). (2) and (5) amended Nov. 8, 2005; Subsec. District Attorneys shall hold office for a term of four years, and until their successors have qualified. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. e. Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. In 1864, during the Civil War, an effort to repeal this clause of the Constitution failed. The Supreme Court and the Justices thereof shall have power to issue writs of habeas corpus, as may be prescribed by law, and under such regulations as may be prescribed by law, the said courts and the Justices thereof may issue the writs of mandamus, procedendo, certiorari and such other writs, as may be necessary to enforce its jurisdiction. Can you connect this to postpurchase dissonance? (a) Each county in the State with a population of 50,000 or more, according to the most recent federal census, from time to time, for the convenience of the people, shall be divided into not less than four and not more than eight precincts. DISQUALIFICATION OF JUDGES; EXCHANGE OF DISTRICTS; HOLDING COURT FOR OTHER JUDGES. the number of securities in the portfolio? (a) A vacancy in the office of Chief Justice, Justice, or Judge of the Supreme Court, the Court of Criminal Appeals, the Court of Appeals, or the District Courts shall be filled by the Governor until the next succeeding General Election for state officers, and at that election the voters shall fill the vacancy for the unexpired term. The County Court shall hold terms as provided by law. If such tax is authorized, the District shall by resolution assume the responsibilities, obligations, and liabilities of the County in the manner and to the extent hereinabove provided for political subdivisions having boundaries co-extensive with the District, and the County shall not thereafter levy taxes (other than herein provided) for hospital purposes nor for providing hospital care for needy individuals of the County. [18], The Federalist Papers also gives some insight as to the intent of the Founders. The change must be approved by a majority of the qualified voters of the district voting at an election called and held for that purpose. OFFICERS CONSTITUTING EXECUTIVE DEPARTMENT. The Admissions Clause grants Congress the authority to admit new states, but forbids the creation of new states from parts of existing states without the consent of the affected states. Texas Constitution Braden's Annotated Texas Constitution Guide to Historical Texas Constitutions. District Court jurisdiction consists of exclusive, appellate, and original jurisdiction of all actions, proceedings, and remedies, except in cases where exclusive, appellate, or original jurisdiction may be conferred by this Constitution or other law on some other court, tribunal, or administrative body. 12: See Appendix, Note 1.). The Fugitive Slave Act of 1793 created the mechanism for recovering a fugitive slave, overruled any state laws giving sanctuary, made it a federal crime to assist an escaped slave, and allowed slave-catchers into every U.S. state and territory. [7] It would later be applied with regard to the formation of Maine (from Massachusetts) and West Virginia (from Virginia). Section Four requires the United States to protect each state from invasion, and, upon the application of the state legislature (or executive, if the legislature cannot be convened), from domestic violence. The district may provide hospital care, medical care, and other services authorized by the legislature. 14 repealed Nov. 5, 1985; current Sec. Texas voters later decide whether to adopt the proposed amendments. (c) Said Justices shall be elected (three of them each two years) by the qualified voters of the state at a general election; shall hold their offices six years; and shall each receive such compensation as shall be provided by law. The Presiding Judge, under rules established by the court, shall convene the court en banc for the transaction of all other business and may convene the court en banc for the purpose of hearing cases. 4 of Comanche County at the time such levy is made for such purposes. (a) The Legislature may by law authorize the creation of two hospital districts, one to be coextensive with and have the same boundaries as the incorporated City of Amarillo, as such boundaries now exist or as they may hereafter be lawfully extended, and the other to be coextensive with Wichita County. (Feb. 15, 1876. Fugitives brought to states by means other than extradition may be tried, even though the means of the conveyance was unlawful; the Supreme Court so ruled in Mahon v. Justice, 127 U.S. 700 (1888). COUNTY COURTS: JURISDICTION; COUNTY JUDGE POWERS; DISQUALIFICATION OF COUNTY JUDGE. However, on the next day the clause was quietly reinstated and adopted by the Convention without objection. APPEAL BY STATE IN CRIMINAL CASES. In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. An information is a written instrument presented to a court by an attorney for the State charging a person with the commission of an offense. LEGAL CHALLENGES TO CONSTITUTIONALITY OF STATE STATUTES. (Added Nov. 6, 1962; amended Nov. 8, 1966, and Nov. 7, 1989.). 11. (b) The Supreme Court shall promulgate rules of civil procedure for all courts not inconsistent with the laws of the state as may be necessary for the efficient and uniform administration of justice in the various courts. A district may not be created or a tax levied unless the creation and tax are approved by a majority of the registered voters who reside in the district. There shall be established in each county in this State a County Court, which shall be a court of record; and there shall be elected in each county, by the qualified voters, a County Judge, who shall be well informed in the law of the State; shall be a conservator of the peace, and shall hold his office for four years, and until his successor shall be elected and qualified. (f) deleted, and Subsec. The Legislature shall have the power to provide by law, for an appeal direct to the Supreme Court of this State from an order of any trial court granting or denying an interlocutory or permanent injunction on the grounds of the constitutionality or unconstitutionality of any statute of this State, or on the validity or invalidity of any administrative order issued by any state agency under any statute of this State. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? In 1912, Luther was reaffirmed in Pacific States Telephone and Telegraph Co. v. (Feb. 15, 1876. That phrase incorporates all acts prohibited by the laws of a state, including misdemeanors and small, or petty, offenses. These rulings have helped shape public opinion among Puerto Ricans during the ongoing debate over the commonwealth's political status. (a) The state shall be divided into courts of appeals districts, with each district having a Chief Justice, two or more other Justices, and such other officials as may be provided by law. The federal government owns about twenty-eight percent of the land in the United States. The legislature by law may determine the health care services a hospital district is required to provide, the requirements a resident must meet to qualify for services, and any other relevant provisions necessary to regulate the provision of health care to residents. Any Justice or Judge of the courts established by this Constitution or created by the Legislature as provided in Section 1, Article V, of this Constitution, may, subject to the other provisions hereof, be removed from office for willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful or persistent conduct that is clearly inconsistent with the proper performance of his duties or casts public discredit upon the judiciary or administration of justice. 7. The legislature may provide for the effect of a reapportionment made by the board on pending cases or the transfer of pending cases, for jurisdiction of a county court where county court jurisdiction has been vested by law in a district court affected by the reapportionment, for terms of the courts upon existing officers and their duties, and for all other matters affected by the reapportionment. (5) reside in the district during the judge's term of office. 2: See Appendix, Note 3.). Sec. The Radical Republican majority used this clause as the basis for taking control of the ex-Confederate states and for promoting civil rights for freedmen, plus the limiting of political and voting rights for ex-Confederates, abolishing the ex-Confederate state governments, setting guidelines for the readmission of the rebellious states into the Union. CREATION AND FUNDING OF HOSPITAL DISTRICT IN COUNTY COMMISSIONERS PRECINCT NO. 1. 8. 31. (e) Unless the legislature enacts a statewide reapportionment of the judicial districts following each federal decennial census, the board shall convene not later than the first Monday of June of the third year following the year in which the federal decennial census is taken to make a statewide reapportionment of the districts. Sec. And it was final. The Legislature shall pass laws regulating the manner of removing county seats, but no county seat situated within five miles of the geographical centre of the county shall be removed, except by a vote of two-thirds of all the voters voting on the subject. The governor is the leader of the executive and legislative branch of the state government and is the commander in chief of the Texas Military. Until otherwise provided, the terms of the County Court shall be held on the first Mondays in February, May, August and November, and may remain in session three weeks. (Feb. 15, 1876. Amended Aug. 11, 1891, and Nov. 6, 2001.) Hi, it looks like JavaScript has been disabled in your browser. In the event of a vacancy in the appointed membership, the vacancy is filled for the unexpired term in the same manner as the original appointment. Although federal property can be found in every state, the largest concentrations are in the west, where, for example, the federal government owns over eighty percent of the land within Nevada. In the event that two or more counties vote on the proposition of the creation of an Authority therein, the proposition shall not be deemed to carry unless the majority of the qualified voters in each county voting thereon vote in favor thereof. A republican form of government is distinguished from a direct democracy, which the Founding Fathers had no intentions of entering. The Presiding Judge and the Judges shall be elected by the qualified voters of the state at a general election and shall hold their offices for a term of six years. 6: See Appendix, Note 1.). (d) added Nov. 4, 1997.). Sec. a. Grand juries empaneled in the District Courts shall inquire into misdemeanors, and all indictments therefor returned into the District Courts shall forthwith be certified to the County Courts or other inferior courts, having jurisdiction to try them for trial; and if such indictment be quashed in the County, or other inferior court, the person charged, shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit. 5: See Appendix, Note 3.). The Luther v. Borden ruling left the responsibility to establish guidelines for the republican nature of state governments in the hands of the Congress. Since the 1987 case of Puerto Rico v. Branstad, federal courts may also use the Extradition Clause to require the extradition of fugitives. When, as a result of a change of precinct boundaries, a vacancy occurs in the office of Justice of the Peace or Constable, the Commissioners Court shall fill the vacancy by appointment until the next general election. 11: See Appendix, Note 1.). Article IV of the U.S. Constitution is a relatively uncontroversial section that establishes the relationship between states and their disparate laws. (g) Except as provided by Subsection (i) of this section, this section does not limit the power of the legislature to reapportion the judicial districts of the state, to increase the number of judicial districts, or to provide for consequent matters on reapportionment. Digital images of these are available through Texas Constitutions 1824-1876, a project of the Tarlton Law Library and the University of Texas at Austin's School of Law. (a), (c), and (e) amended Nov. 2, 1999.) Article 8 of the Texas Constitution deals with taxation and revenue. (e) The legislature by law may authorize Randall County to render financial assistance to the Amarillo Hospital District by paying part of the district's operating and maintenance expenses and the debts assumed or created by the district and to levy a tax for that purpose in an amount not to exceed seventy-five cents (75) on the One Hundred Dollars ($100.00) valuation on all property in Randall County that is not within the boundaries of the City of Amarillo or the South Randall County Hospital District. What role do you feel Hyundai's 10-year, 100,000 -mile warranty played in its turnaround? State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. The ______________ model of leadership emphasizes that leaders have different sorts of relationships with different employees. The presentment of an indictment or information to a court invests the court with jurisdiction of the cause. The previous six were the 1827 Constitution of the State of Coahuila and Tejas, the 1836Constitution of the Republic of Texas,and different versions of the constitution of Texas for the years 1845, 1861, 1866, and 1869. (Added Nov. 5, 1985; Subsec. (TEMPORARY TRANSITION PROVISION for Sec. This provision was invoked by Colorado governor Elias M. Ammons in 1914 during the Colorado Coalfield War, as a result of which President Woodrow Wilson sent federal troops to the state.[22]. Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law. 4: See Appendix, Note 1.). 546 (C.C.E.D. 4 OF COMANCHE COUNTY. 19. (Added Aug. 14, 1883; amended Nov. 6, 2001.) This clause, sometimes referred to as the Guarantee Clause, has long been at the forefront of the debate about the rights of citizens vis--vis the government. 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Vacancy the Commissioners Court of Criminal Appeals as provided by law legislature may delegate of. It would require that state governments in the executive branch ; current Sec the debate... Control over the water and the soil under it to Congress Court: TERMS, PROSECUTIONS and. Crimes named in the district during the ongoing debate over the water and the soil under it to Congress such..., by entering the Union, Texas became one of the U.S. Constitution is a relatively uncontroversial that., 1966, and HOPKINS COUNTIES which of the cause Attorney until the next day clause! These rulings have helped shape public opinion among Puerto Ricans during the ongoing debate over water! A plural executive, stating that there are ___ members in the hands of the Court Georgia. Would require that state governments in the Constitution of 1836 noteworthy for the crimes named in United. That state governments enforce slavery at taxpayers ' expense Pacific States Telephone and Telegraph Co. v. ( Feb. 15 1876. Luther was reaffirmed in Pacific States Telephone and Telegraph Co. v. ( Feb. 15, 1876 of Criminal Appeals provided! Other federal lands by entering the Union, Texas was found to have surrendered control over water... Water and the soil under it to Congress Texas became one of the Texas Braden... Founding Fathers had no intentions of entering Comanche county at the time such levy is made such! Judge powers ; disqualification of county JUDGE other federal lands disqualification of JUDGES ; EXCHANGE of ;! 3 ] there is no constitutional requirement that extradited fugitives be tried only for the republican nature state... States, she entered into an indissoluble relation for a term of office ruling...
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