# Ex Parte Gilmore

> Court of Criminal Appeals of Texas · December 1, 1920 · 88 Tex. Crim. 529

URL: https://www.frixlaw.com/law-library/cases/3906337

## Case

- **Full name:** Ex Parte J.W. Gilmore.
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** December 1, 1920
- **Citations:** 88 Tex. Crim. 529; 228 S.W. 199; 1920 Tex. Crim. App. LEXIS 470
- **Precedential status:** Published
- **Opinion:** Concurrence
- **Judges:** Davidson, Hawkins, Lattimore, Morrow
- **Cited by:** 51 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3906337

## Opinion text

I concur in the opinion of Justice MORROW, desiring to add that in the second section of the National Amendment, the grant to Congress and the several States is not of power to enforce by appropriate concurrent legislation, but is of concurrent power to enforce by approprite legislation. In other words, that the power to enforce, is that which is made concurrent in Congress and the several States, and so long as their respective legislation has for its object the enforcement of the purposes of the Amendment, it need not be identical. It is impossible to conceive concurrent power in two, if one must imitate, follow or yield to the other. Congress, under Federal legislation, must advance to the enforcement of the amendment. With equal dignity and authority must the several States, under State legislation, proceed to accomplish the same end.
ON REHEARING. February 23, 1921.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3906337. Public record. Not legal advice.