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 forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.
In other words, this generation may not constitutionally give up the next generation’s freedom. Opinions of the Texas Court of Criminal Appeals that incorrectly interpret the Texas Constitution to constrict Texans’ freedom (and expand government’s power), are void.
This constitutional rule trumps the common-law principle of stare decisis, which requires a court generally to follow its own decisions.
Without violating principles of stare decisis the Court of Criminal Appeals may revisit any decision in a way that constricts government’s power (and expands freedom), but may not do so in a way that expands government’s power (and constricts freedom).
Indeed, a Texas appellate court that doesn’t continually revisit its past decisions in criminal cases, to see if they might have been incorrectly decided in favor of the government, is not doing what the Texas Constitution requires of it.