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.
What is the Right to Trial by Jury?
The right to a jury trial is preserved, with the legislature responsible for regulations to maintain its fairness and effectiveness.
What laws are prohibited by the Texas Constitution?
The Texas Constitution prohibits bills of attainder, ex post facto laws, retroactive laws, and laws impairing contract obligations.
What does the Property Rights provision state?
Private property cannot be taken for public use without adequate compensation, except with the owner’s consent.
Can individuals be imprisoned for debt?
Individuals cannot be imprisoned for debt.
What does the Outlawry or Transportation for Offense provision state?
Citizens cannot be declared outlaws or transported out of the state for offenses committed within Texas.
What does the Corruption of Blood provision entail?
Convictions do not result in the loss of inheritance rights, and the estates of those who die by suicide are handled as natural deaths.
What rights do citizens have regarding the Right to Keep and Bear Arms?
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.
What does the Prohibition of Perpetuities and Monopolies state?
Perpetuities and monopolies are forbidden, and laws of primogeniture or entailments are not enforced.
What rights do Crime Victims have?
Victims have numerous rights, including fair treatment, respect for dignity and privacy, protection from the accused, restitution, and information about the case.
How is marriage defined in the Texas Constitution?
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.
What rights do citizens have regarding Assembly and Petition for Redress of Grievances?
Citizens can peacefully assemble for common good and seek redress from government officials through petitions, addresses, or remonstrance.
What is Remonstrance in the Texas Constitution?
Remonstrance is a formal protest or objection that requires a response from the government, differing from the U.S. Constitution’s right to petition.
What is Voting Dilution?
Voting dilution refers to practices that diminish the voting power of certain groups.
What are historical forms of Voting Dilution?
Historical forms included poll taxes, literacy tests, white primaries, and grandfather clauses.
What are modern forms of Voting Dilution?
Modern forms include gerrymandering, annexation, runoff elections, and photo ID laws.
What is the Voter Integrity Act (SB 1)?
Passed in Texas on September 7, 2021, this act implemented various changes to election procedures.
