This site is for taking action for the defense of Texan’s constitutional rights.
Recently we’ve seen those rights trampled.
If we don’t defend and assert our rights, we’ll lose them.
The government of Texas is violating both the Texas Constitution and the U.S. Constitution. The executive branch must not be allowed to create laws. This is how dictatorships work, not the U.S. and not Texas.
The Texas Constitution already has provisions for emergency sessions of the Legislature to address emergencies, such as pandemics.
The executive branch is issuing orders, with the force of law, with criminal penalties, that directly infringe on our constitutionally protected fundamental rights. This is happening without public debate. Without our local representatives. Without the constitutionally mandated process for passing Bills.
Among these orders are:
1) Mask requirements
2) Forcing businesses to enforce mask requirements
3) The unconstitutional shutdown of businesses
4) Involuntary contact tracing
The Governor was granted the authority to issue orders with the force of law by the Texas Disaster Act of 1975. This act violates the Texas Constitution which clearly states in Article 2 that legislative power is restricted to the legislative branch. Granting the governor legislative power is a violation of the Texas Constitution.
The Texas Constitution explicitly defines the role of each branch, and restricts their power.
Article 2, Sec. 1. SEPARATION OF POWERS OF GOVERNMENT AMONG THREE DEPARTMENTS. The powers of the Government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: Those which are Legislative to one; those which are Executive to another, and those which are Judicial to another; and no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted.
The Texas Constitution explicitly prevents anyone other than the Legislature from dictating law.
Article 1, Sec. 28 SUSPENSION OF LAWS. No power of suspending laws in this State shall be exercised except by the Legislature.
The Texas Constitution is very clear that regardless of the situation, the fundamental rights of the citizens of Texas are inviolate.
Article 1, Sec. 29 Sec. 29. BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT AND INVIOLATE. To guard against transgressions of the high powers herein delegated, we declare that everything in this “Bill of Rights” is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.
The Texas Constitution prevents the arbitrary creation of laws.
Article 3, SEC. 30. No law shall be passed except by bill, and no bill shall be so amended in its passage through either house as to change its original purpose.
The Texas Constitution contains provisions for the enactment of emergency laws – the Governor does not have this power.
Article 3, SEC. 39. No laws passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless in case of an emergency which emergency must be expressed in a preamble or in the body of the act, the Legislature shall, by a vote of two-thirds of all the members elected to each house, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journals.
Texas was founded on a distrust of centralized power. We still feel this way today. We have a legislature that can meet during times of emergency and publicly debate the proper course of action, and if necessary enact emergency laws.
It is unconstitutional, and against everything that Texas stands for, to grant the Governor dictatorial power, regardless of the situation.
We need to use the court system and political action to reign in the Governor’s power.