Adams v. State

To the simplistic approach taken by the majority to decide what surely is one of the most important constitutional questions to come before us this term, I respectfully dissent.

From the beginning every constitution of this State has divided the powers of government into three separate departments: “Those which are Legislative to one; those which are Executive to another; and those which are Judicial to another.” Article II, § 1, Constitution of Texas.1 It has further insisted that except as “herein expressly permitted,” persons in one department shall not “exercise any power properly attached…