Rights/ Civil Liberties Flashcards
What is the Texas Constitution of 1876?
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.
How many articles are in the Texas Constitution?
The Texas Constitution consists of 17 articles. Article 1 is the Bill of Rights.
What does the Texas Bill of Rights (Article 1) outline?
The Texas Bill of Rights outlines fundamental rights and freedoms.
What is emphasized in the Freedom and Sovereignty of State?
Texas is a free and independent state, subject only to the U.S. Constitution, with an emphasis on local self-government.
What does the Equal Rights provision state?
All free individuals have equal rights, with no exclusive privileges granted except for public services.
What does the Equality Under the Law provision ensure?
Equality cannot be denied or limited based on sex, race, color, creed, or national origin.
What is stated about Religious Tests in the Texas Constitution?
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.
What rights are guaranteed under Freedom of Worship?
Individuals have the right to worship according to their conscience, with no compulsion to support any specific place of worship or ministry.
What protections are provided against Searches and Seizures?
Protection against unreasonable searches and seizures, requiring warrants to be specific and based on probable cause.
What rights are guaranteed to the Accused in Criminal Prosecutions?
Guarantees include a speedy and public trial by an impartial jury, the right to know the charges, and protection against self-incrimination.
What is the general rule regarding Bail?
All prisoners are entitled to bail except for capital offenses with strong evidence. Bail can be granted after indictment based on evidence review.
In what cases can Bail be denied?
Bail can be denied in certain cases involving violent offenses and sexual offenses.
What does the Texas Constitution say about Habeas Corpus?
The writ of habeas corpus is a fundamental right and cannot be suspended, ensuring a swift and effective legal remedy.
What protections are there against Excessive Bail or Fines?
Protection against excessive bail, fines, and cruel or unusual punishment, with guaranteed access to courts for legal remedies.
What does the Double Jeopardy provision state?
Individuals cannot be tried twice for the same offense after a not guilty verdict in a competent court.