US/Texas constitution

U.S. Supreme Court

civil/criminal

Texas Supreme Court

Civil

Court of Criminal Appeals

Criminal (CCP 4.04, sec. 1-2)

Courts of Appeals

Civil/criminal (CCP 4.03)

District courts

criminal/civil (felony CCP 4.05)

County Court at law

criminal/civil in Texas (changes from state to state) (A & B misd, CCP 4.07 & 4.08)

Jurisdiction of justice courts

criminal/civil C misd (CCP 4.11)

Jurisdiction of Municipal courts

criminal, city ordinances, misd cases (class C) (CCP 4.14)

Small claims court

civil

juvenile court

civil

Who are magistrates

All judge, and mayors CCP 2A.151

Duty of Magistrates

Each individual SHALL:

(1) preserve the peace within the Individual’s jurisdiction using all lawful means;

(2) issue all process intended to aid in preventing and suppressing crime; and

(3) cause the arrest of offenders using lawful means so that the offenders may be brought to punishment.

Examining court

preliminary hearing where a magistrate judge determines if there's probable cause to hold a defendant for a felony accusation, not to determine guilt

1st Amendment

U.S. citizens have freedom of religion, speech, press, assembly, and petition

2nd Amendment

U.S. citizens have the right to keep and bear arms, or own g*n

3rd Amendment

The government may not force U.S. citizens to shelter soldiers in their homes

4th amendment

U.S. citizens are protected from unreasonable searches of a person’s property

5th Amendment

The gov may not force U.S. citizens to testify against themselves in court

6th Amendment

U.S. citizens have the right to a fair and speedy trial (criminal trial)

7th amendment

U.S. citizens have the right to a fair and speedy trial by jury (civil)

8th amendment

U.S. citizens are protected from cruel and unusual punishment

9th amendment

U.S. citizens may have rights that are not listed in the constitution

10th amendment

powers not given to the federal gov by the U.S. constitution belong to the state or to the people

A Writ of Habeas Corpus

writs with the objective of

bringing a party before a court, or judge.

◼ The primary function of the writ is release

from unlawful imprisonment.

◼ It is not to determine the prisoner’s guilt or

innocence. (it only determines if the

prisoner was restrained of his liberty by

due process.

Article 1 U.S. Constitution

Legislative Branch Creation

◼ The legislature

◼ The house and Senate

◼ Elections & Meetings

◼ Membership, Rules, Journals, Adjn.

◼ Compensation, Revenue Bills, Presidential

Veto, Powers of Congress, Limits on

Congress, Powers prohibited by State

Article 2 U.S. Constitution

Executive

◼ The President

◼ Civilian power of Military, pardon powers,

appointments, Cabinet

◼ State of the Union, Convening Congress

◼ Disqualification

Article 3 U.S. Constitution

Judicial Branch

◼ Supreme Court and other Federal Courts

◼ Preserve and protect the rights guaranteed

by the Constitution

◼ Considers cases involving national laws

◼ Declares laws and acts “unconstitutional”

Article 4 US Constitution

The states

◼ Each State to Honor all others

◼ State citizens, Extradition

◼ New States

◼ Republican Government

Article 5

◼ The Congress whenever 2/3 of both Houses

shall deem it necessary, shall propose

Amendments to this Constitution, or, on

the Application of Legislatures shall call a

Convention for proposing Amendments.

Article 6 US Const

Debts, Supremacy, Oaths

◼ We accept all debts incurred by this

country before and after the writing of this

document

◼ Law of the Land

◼ State Legislatures, Executive, and Judicial

Officers are bound by Oath or Affirmation

to support this constitution

Article 7 US Const

◼ The ratification of the Conventions of nine

States, shall be sufficient for the

Establishment of this Constitution between

the states so ratifying the same.

◼ Witnesses subscribed their names: 17th day

of September, 1787, and of the

Independence of the U.S.A. the 12th

14th Amendment

Due process, equal protection Equal rights for all

13 amendment

Abolished slavery

15th amendment

Any race can vote

12th amendment

choosing the president, and VP

11th amendment

Judicial limits

19th amendment

women’s suffrage

Article 1 Texas const

Bill of rights

Article 2 Texas const

"the powers of government"

it also states that the government is not allowed to take over other governments and that all power must be separated equally between governments.

Article 3 texas const

"the legislative department"

Vests the legislative power of the state in the legislatures of the state of texas and establishes that the legislature consists of the state senate and house of representatives it also lists the qualifications required of senators and representatives and regulates the details of the legislative process.

either house may originate bills but bills to raise revenue must start in the house of representatives

Article 4 texas const

Executive department:

Describes the powers and duties of the governor, lieutenants governor, secretary of state, comptroller of public accounts, commissioner of the general land-office and attorney general

article 5 texas const

judicial department

describes the composition powers and jurisdiction of the supreme court, the court of criminal appeals the court of appeals the district county and comissioners courts and the justice of the peace courts

article 6 texas const

suffrage denies voting rights to minors felons and people who are deemed mentally incompetnet by court

article 7 texas const

education. establishes provisions for the public schools asylums and universities " it shall be the the duty of the legislature of the state to establish and mke suitable provision for the support and maintenance of an effiecient system of free public schools

article 8 texas const

places various restrictions of the abilitiy of te legislature and local governments to impose taxes most of these restrictions concern local property taxes texas does not have a personal income tax a law imposing a personal income tax must be ratified in a state wide referendum to effect

article 9 texas const

provides rules for the creation of counties determining the location of county seats.

article 10 texas const

railroads

contains a single section delcaring that railroads are considered public highways and railroad carriers "common carriers"

article 11 texas const

municipal corporations

recognizes counties as legal subunits of the state grants certain powers to cities and counties , empowers the legislature to form school districts

article 12 texas const

private corporations

contains two sections directing the legislature to enact general laws for the creation of private corporations

article 13 texas const

public lands and office

article 14 texas const

public lands and office

article 15 texas const

impeachment

article 16 texas const

contains miscellaneous provisions including limits on interest rates civil penalties for murder and the punishment for bribery

article 17 texas const

Notwithstanding a large number of amendments and proposed amendments that the Constitution has had since its inception the only method of amending the constitution prescribed by article 17 is via the legislature subject to voter approval. The constitution does not provide for amendment by initiative constitutional convention or any other means

a 1974 constitutional convention required the voters to amend the constitution to add a separate section to this article the section was later repealed n 1999

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