TRUTH AND THE CONSTITUTION
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Our present Texas Constitution does not grant sovereign immunity to any entity. This includes the State, Federal Government, or anyone else.IN FACT THE ONLY LAW EVER PASSED IN TEXAS STATES THAT A CITIZEN MAY SUE THE STATE.
The Texas Supreme Court did not rule on the issue of sovereign immunity until several years after Texas became a state in which sovereign immunity did not exist.
The Judge that made that ruling was sued several times in our courts prior to, during, and after his ruling regarding sovereign immunity.
Art. 5, Sec. 11, of our constitution says that "No judge shall sit in any case wherein he may be interested..." A declaration of sovereign immunity would grant a judge immunity, therefor a judge may not rule on SOVEREIGN IMMUNITY, or any such subject which would give immunity to the government. Our constitution clearly states that the people are sovereign, if the people wish for any branch of their government to be sovereign, they may make that branch sovereign through constitutional amendment.
Art. 5, Sec. 55, does not allow the state legislature to pass laws that would release or extinguish any indebtedness to the State, including their own. Therefore, if a legislator is not immune, he would be required to reimburse the State for his errors.
Art. 5, Sec. 56, does not allow the legislature to pass laws that would benefit any special group. specifically excluded are special laws regarding jurisdiction, (immunity), rules, evidence and other matters before the courts.
Art. 3, Sec. 22, states that no member of the legislature may vote on a measure in which he is personally interested. A vote on sovereign immunity would be of personal financial interest to all legislators. Therefore a legislator cannot vote on immunity.
There is no grant of power in our constitution to allow a legislator to give a citizen access to the Courts.
There is no grant in the Constitution of the power for a judge of the Supreme Court to make a law saying a citizen cannot sue the State. Judges are only allowed to express what the law actually is, they are prohibited from making law. The law at that time our constitution was written stated that a citizen could sue the State, and in fact, citizens often did.
The Texas Bill of Rights in the Constitution states at Art. 1, Sec. 28, "No power of suspending laws in this State shall be exercised except by the legislature."
Art. I, Sec. 29, states, "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 remain forever inviolate, and all laws contrary thereto, or to the following provisions, shall be void."
Art. 2, Sec. 1, specifically states that the judicial system cannot make law.
Art. 3, Sec. 22, indicates that should a judge make a law that is conceded to by the legislature, the legislature must disclose its personal or private interest.
Art. 3, Sec. 30, indicates the only way laws are to be made.
Art. 3, Sec. 55, indicates that the legislature cannot grant the courts or themselves the ability to make laws of a local or special nature - such as a law to make themselves immune.
Art. 4, Sec. 10, indicates that when the legislative, judicial, or other branch of the government steps out of line, it is the duty of the Governor to cause the laws to be faith fully executed.
Art. 4, Sec. 8, gives the Governor the power to convene the legislature to correct such errors, and to state the purpose of the convening legislature.
Art. 4, Sec. 9, gives the Governor the power to make recommendations.
Should these methods not be sufficient, Art. 4, Sec. 7, gives the Governor the power to call forth the militia to execute the laws.
WHAT'S THE POINT ?
The point is that Texas has never had sovereign immunity. Our state in its first legislative session passed a law giving the citizens the right to sue the state for ANY cause of action. Once this law was passed, neither the legislature, the judges nor the executive could remove this law. Therefore, all that is required to implement this law is for OUR Governor to demand that it be enforced.
