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Hierarchical Governance


Subsection (c) of Rule 101 (“Title and Scope”) of the Texas Rules of Evidence reads as follows:

“(c)   Hierarchical Governance in Criminal Proceedings. –Hierarchical governance shall be in the following order: the Constitution of the United States, those federal statutes that control states under the supremacy clause, the Constitution of Texas, the Code of Criminal Procedure and the Penal Code, civil statutes, these rules, and the common law. Where possible, inconsistency is to be removed by reasonable construction.”

If you’ve read “The Organic Law of The United States of America” you know that this “Organic Law” includes four documents:

1)  The Declaration of Independence (A.D. 1776);

2) Articles of Confederation (A.D. 1781) which are the constitution of The United States of America;

3) Northwest Ordinance (A.D. 1787); and,

4) Constitution of the United States (first ratified and made effective by the People in A.D. 1788).

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