ARTICLE I BILL OF RIGHTS Sec. 1. FREEDOM AND SOVEREIGNTY OF STATE. Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.
Greg Abbott entered into a CONTRACT that places the State of Texas under the control of the federal government. This contract is not the U.S. Constitution and as such the Texas Constitution does not allow Abbott to surrender our freedom to Joe Biden or any other President's whims, also known as executive orders.
Sec. 2. INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.
By ordering these measures, in violation of the Texas and U.S. Constitutions we ceased being a Republican form of government with separation of powers and a Bill of Rights.
Sec. 3. EQUAL RIGHTS. All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services. Sec. 3a. EQUALITY UNDER THE LAW. Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative. (Added Nov. 7, 1972.)
“All licensed health care professionals and all licensed health care facilities shall postpone all surgeries and procedures that are not immediately medically necessary to correct a serious medical condition of, or to preserve the life of, a patient who without immediate performance of the surgery or procedure would be at risk for serious adverse medical consequences or death, as determined by the patient’s physician” Essentially we were divided into three medical classes. Covid patients and people that would die without medical aid had access to medical facilities but people that needed care that could be put off without them dying right away, like heart surgery or chemotherapy could not access our healthcare system.
This was not equal treatment under the law, people died as a result of this order. Only a very few life-saving surgeries need to be performed right away, that is why they are scheduled.
Deciding who was “essential” and “non-essential” and putting millions of Texans out of work for months, Greg Abbott violated the very basics of equal treatment.
Sec. 6. FREEDOM OF WORSHIP. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.
Sec. 10. RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS. In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury.
Article 17.15 1 of the Texas Code of Criminal Procedure is hereby suspended to the extent necessary to prevent any person’s automatic release on personal bond because the State is not ready for trial.
Sec. 13. EXCESSIVE BAIL OR FINES; CRUEL OR UNUSUAL PUNISHMENT; OPEN COURTS; REMEDY BY DUE COURSE OF LAW. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.
Sec. 16. BILLS OF ATTAINDER; EX POST FACTO OR RETROACTIVE LAWS; IMPAIRING OBLIGATION OF CONTRACTS. No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made.
A lot of contracts were impaired. People had paid a yearly fee, many of those gyms went out of business and those contracts were never allowed to be fulfilled.
On May 7th, Greg Abbott issued a mandate retroactive to April 2nd and suspended any law that would result in jail time for Covid-19 violations.
Sec. 17. TAKING PROPERTY FOR PUBLIC USE; SPECIAL PRIVILEGES AND IMMUNITIES; CONTROL OF PRIVILEGES AND FRANCHISES. (a) No person’s property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person, and only if the taking, damage, or destruction is for: (1) the ownership, use, and enjoyment of the property, notwithstanding an incidental use, by: Art. I Sec. 18 5 (A) the State, a political subdivision of the State, or the public at large; or (B) an entity granted the power of eminent domain under law; or (2) the elimination of urban blight on a particular parcel of property. (b) In this section, “public use” does not include the taking of property under Subsection (a) of this section for transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues. (c) On or after January 1, 2010, the legislature may enact a general, local, or special law granting the power of eminent domain to an entity only on a two thirds vote of all the members elected to each house. (d) When a person’s property is taken under Subsection (a) of this section, except for the use of the State, compensation as described by Subsection (a) shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities shall be made; but all privileges and franchises granted by the Legislature, or created under its authority, shall be subject to the control thereof. (Amended Nov. 3, 2009.)
Notice that when businesses were shut down, damaged and destroyed that no restitution was given and that the taking for a pandemic is not allowed under this provision.
Sec. 19. DEPRIVATION OF LIFE, LIBERTY, PROPERTY, ETC. BY DUE COURSE OF LAW. No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.
Again, the control of private business was taken by the state, limiting hospital access resulted in loss of life and in neither case was a court open to even challenge it in many cases.
El Paso County imposed “stay at home” orders. In what amounted to house arrest, these orders placed tens of thousands of Texas citizens under house arrest and curtailed their liberty in direct contradiction to the clear letter and spirit of the Texas Constitution and Bill of Rights.
Sec. 26. PERPETUITIES AND MONOPOLIES; PRIMOGENITURE OR ENTAILMENTS. Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed, nor shall the law of primogeniture or entailments ever be in force in this State.
In many, many towns where small, private owned stores were shut down, the only place to shop was a Dollar General or Walmart, thus Greg Abbott not only did not prevent monopolies in these small towns but actually mandated them.
Sec. 27. RIGHT OF ASSEMBLY; PETITION FOR REDRESS OF GRIEVANCES. The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address or remonstrance.
Limiting public gatherings to 10 is not allowed by our state constitution, if it were limiting them to five or even 1 would be allowed.
Outlawing gatherings of more than 10, Abbott violated this right and furthermore set up a future governor to limit it to 9 or 5 or 1.
Sec. 28. SUSPENSION OF LAWS. No power of suspending laws in this State shall be exercised except by the Legislature.
In GA-13 alone he suspended 6.
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.
I will throw this in as it was ignored at least 15-20 times. It seems none of our Bill of Rights is above being suspended if the governor decides to do it.
Almost no one in state government even bothered to call out this blatant disregard for a limited, constitutional, republican form of government for eight months.
Sec. 33. PUBLIC ACCESS TO AND USE OF PUBLIC BEACHES. (a) In this section, “public beach” means a state-owned beach bordering on the seaward shore of the Gulf of Mexico, extending from mean low tide to the landward boundary of state-owned submerged land, and any larger area extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired a right of use or easement to or over the area by prescription or dedication or has established and retained a right by virtue of continuous right in the public under Texas common law. (b) The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach. The right granted by this subsection is dedicated as a permanent easement in favor of the public. (c) The legislature may enact laws to protect the right of the public to access and use a public beach and to protect the public beach easement from interference and encroachments. (d) This section does not create a private right of enforcement. (Added Nov. 3, 2009.)
Cameron and Galveston Counties closed beaches to the public prior to July 4th weekend, 2020.
Sec. 34. RIGHT TO HUNT, FISH, AND HARVEST WILDLIFE. (a) The people have the right to hunt, fish, and harvest wildlife, including by the use of traditional methods, subject to laws or regulations to conserve and manage wildlife and preserve the future of hunting and fishing.Art. I Sec. 34 8 (b) Hunting and fishing are preferred methods of managing and controlling wildlife. (c) This section does not affect any provision of law relating to trespass, property rights, or eminent domain. (d) This section does not affect the power of the legislature to authorize a municipality to regulate the discharge of a weapon in a populated area in the interest of public safety. (Added Nov. 3, 2015.)
With the closure of public beaches and state parks across Texas, many Texans had their “right” to fish removed in violation of the Texas Bill of Rights.
Art. II Sec. 1 9 ARTICLE II THE POWERS OF GOVERNMENT 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.
Is there any question that Greg Abbott violated this Article for 8 months while writing, enforcing and telling judges how to rule on his mandates?
Any question at all?
Sec. 62. CONTINUITY OF STATE AND LOCAL GOVERNMENTAL OPERATIONS FOLLOWING ENEMY ATTACK. (a) The Legislature, in order to insure continuity of state and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices. Provided, however, that Article I of the Constitution of Texas, known as the “Bill of Rights” shall not be in any manner affected, amended, impaired, suspended, repealed or suspended hereby.
I would say selling us down the river for Covid relief money happened on November 8th of this year.
As far as being ignorant of the constitution he swore to protect, too stupid to tell good advice from bad advice or too weak to stand up to pressure?
Maybe he is all of these things, which are also great reasons to get rid of him in the primary election.
Robert West, The Five Star Plan
As of January 2022, 15 GOP Counties have formally censured Greg Abbott.
The Price of Liberty is Eternal Vigilance. Thomas Jefferson