Eisenhauer v. State

“Texas is a free and independent State, subject only to the Constitution of the United States,” Article I, § 1, Bill of Rights, Constitution of The State of Texas. The Tenth Amendment specifically provides that “powers not delegated to the United States by the Constitution, nor prohibited *167by it to the States, are reserved to the States respectively, or to the people.” 1

Thus here today we are dealing with the very sovereignty of The State of Texas and the basic integrity of this Court as a repository and keeper of that sovereignty in criminal law matters. With Chief Justice Marshall, we must…