Rights/ Civil Liberties Flashcards

1
Q

What is the Texas Constitution of 1876?

A

The Texas Constitution of 1876 reflects a distrust of government following the Reconstruction era, aiming to limit official power. It is characterized by four principles: popular sovereignty, limited state government through local control, separation of powers, and protection of personal rights and liberties.

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2
Q

How many articles are in the Texas Constitution?

A

The Texas Constitution consists of 17 articles. Article 1 is the Bill of Rights.

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3
Q

What does the Texas Bill of Rights (Article 1) outline?

A

The Texas Bill of Rights outlines fundamental rights and freedoms.

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4
Q

What is emphasized in the Freedom and Sovereignty of State?

A

Texas is a free and independent state, subject only to the U.S. Constitution, with an emphasis on local self-government.

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5
Q

What does the Equal Rights provision state?

A

All free individuals have equal rights, with no exclusive privileges granted except for public services.

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6
Q

What does the Equality Under the Law provision ensure?

A

Equality cannot be denied or limited based on sex, race, color, creed, or national origin.

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7
Q

What is stated about Religious Tests in the Texas Constitution?

A

No religious tests are required for public office, and individuals cannot be excluded from office due to religious beliefs, as long as they acknowledge a Supreme Being.

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8
Q

What rights are guaranteed under Freedom of Worship?

A

Individuals have the right to worship according to their conscience, with no compulsion to support any specific place of worship or ministry.

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9
Q

What protections are provided against Searches and Seizures?

A

Protection against unreasonable searches and seizures, requiring warrants to be specific and based on probable cause.

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10
Q

What rights are guaranteed to the Accused in Criminal Prosecutions?

A

Guarantees include a speedy and public trial by an impartial jury, the right to know the charges, and protection against self-incrimination.

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11
Q

What is the general rule regarding Bail?

A

All prisoners are entitled to bail except for capital offenses with strong evidence. Bail can be granted after indictment based on evidence review.

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12
Q

In what cases can Bail be denied?

A

Bail can be denied in certain cases involving violent offenses and sexual offenses.

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13
Q

What does the Texas Constitution say about Habeas Corpus?

A

The writ of habeas corpus is a fundamental right and cannot be suspended, ensuring a swift and effective legal remedy.

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14
Q

What protections are there against Excessive Bail or Fines?

A

Protection against excessive bail, fines, and cruel or unusual punishment, with guaranteed access to courts for legal remedies.

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15
Q

What does the Double Jeopardy provision state?

A

Individuals cannot be tried twice for the same offense after a not guilty verdict in a competent court.

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16
Q

What is the Right to Trial by Jury?

A

The right to a jury trial is preserved, with the legislature responsible for regulations to maintain its fairness and effectiveness.

17
Q

What laws are prohibited by the Texas Constitution?

A

The Texas Constitution prohibits bills of attainder, ex post facto laws, retroactive laws, and laws impairing contract obligations.

18
Q

What does the Property Rights provision state?

A

Private property cannot be taken for public use without adequate compensation, except with the owner’s consent.

19
Q

Can individuals be imprisoned for debt?

A

Individuals cannot be imprisoned for debt.

20
Q

What does the Outlawry or Transportation for Offense provision state?

A

Citizens cannot be declared outlaws or transported out of the state for offenses committed within Texas.

21
Q

What does the Corruption of Blood provision entail?

A

Convictions do not result in the loss of inheritance rights, and the estates of those who die by suicide are handled as natural deaths.

22
Q

What rights do citizens have regarding the Right to Keep and Bear Arms?

A

Citizens have the right to keep and bear arms for lawful self-defense or state defense, but the legislature can regulate the carrying of arms to prevent crime.

23
Q

What does the Prohibition of Perpetuities and Monopolies state?

A

Perpetuities and monopolies are forbidden, and laws of primogeniture or entailments are not enforced.

24
Q

What rights do Crime Victims have?

A

Victims have numerous rights, including fair treatment, respect for dignity and privacy, protection from the accused, restitution, and information about the case.

25
Q

How is marriage defined in the Texas Constitution?

A

The Texas Constitution defines marriage as a union between one man and one woman and prohibits the state or its subdivisions from recognizing any similar legal status.

26
Q

What rights do citizens have regarding Assembly and Petition for Redress of Grievances?

A

Citizens can peacefully assemble for common good and seek redress from government officials through petitions, addresses, or remonstrance.

27
Q

What is Remonstrance in the Texas Constitution?

A

Remonstrance is a formal protest or objection that requires a response from the government, differing from the U.S. Constitution’s right to petition.

28
Q

What is Voting Dilution?

A

Voting dilution refers to practices that diminish the voting power of certain groups.

29
Q

What are historical forms of Voting Dilution?

A

Historical forms included poll taxes, literacy tests, white primaries, and grandfather clauses.

30
Q

What are modern forms of Voting Dilution?

A

Modern forms include gerrymandering, annexation, runoff elections, and photo ID laws.

31
Q

What is the Voter Integrity Act (SB 1)?

A

Passed in Texas on September 7, 2021, this act implemented various changes to election procedures.