Legality of Cannabis by U.S. Jurisdiction

How this document has been cited

—writ ref., as follows: `*** where part of a statute is unconstitutional and the remainder is constitutional, if the two parts can be possibly separated courts should do so, and not permit the invalid part to destroy the whole law.
—an act creating a school district; invalid provision for the tenure of office of the members of the board for more than two years
—an attack on the constitutionality of the act creating the San Antonio Independent School District because the terms of the trustees were fixed for six years instead of two years as provided for under Art. 16, § 30, of the State Constitution.
We will hold it separable unless it appears that the legislature would not have enacted the section without the offending provision, or that the remainder does not present an independent, complete and workable whole without it.
—the Court of Civil Appeals held that said section of the Constitution does not apply to the office of school trustees.
The courts quickly concluded that the terms of this section apply only to state boards and not to local or district boards
Section 30a of this article authorizes terms of six years for members of state-but not district or localboards if the terms are staggered and one-third of them expire every two years
Under the doctrine of ejusdem generis, where specific and particular enumerations of persons or things are followed by general words in a constitutional provision, the general words are not to be construed in their widest meaning or extent, but are treated as limited and applying only to persons or things of the same kind or class as those expressly mentioned.
Intermediate appellate Texas courts have relied upon and consistently applied these well-established rules by looking to the language of the particular statute to determine severability.

Cited by

575 SW 2d 58 - Tex: Court of Civil Appeals, 6th Dist. 1978
437 SW 2d 602 - Tex: Court of Civil Appeals, 4th Dist. 1969
801 SW 2d 841 - Tex: Supreme Court 1990
336 SW 2d 197 - Tex: Court of Civil Appeals, 3rd Dist. 1960
311 SW 2d 938 - Tex: Court of Civil Appeals, 3rd Dist. 1958
JC May - 2011
825 SW 2d 444 - Tex: Supreme Court 1992
JL Hill - 1978