Politics-civil rights + liberties

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43 Terms

1
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What actions did the Grange and Legislature take after Reconstruction regarding government officials?

They slashed salaries, terms, and authority.

2
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Why did the Grange and Legislature cut the power of officials after Reconstruction?

They didn't trust the government after Reconstruction.

3
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What was the result of the Grange and Legislature's actions regarding government power?

They wrote a new constitution, the Constitution of 1876.

4
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What characterizes the Constitution of 1876?

It embodied "small government" energy.

5
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What were the four key principles behind the new Constitution of 1876?

  1. Popular sovereignty (power from the people)2. Limited state government through local control3. Separation of powers4. Personal rights and liberties
6
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How many articles does the Texas Constitution of 1876 have, and what are their themes?

It has 17 articles, with themes including:

  1. Bill of Rights
  2. Powers of Government
  3. Legislative (most detailed)
  4. Executive
  5. Judicial
  6. Suffrage
  7. Education
  8. Taxation and Revenue
  9. Counties
  10. Railroads
  11. Municipal Corporations
  12. Private Corporations
  13. Spanish and Mexican Land Titles (repealed 1969)
  14. Public Lands
  15. Impeachment
  16. General Provisions
  17. How to Amend the Constitution
7
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What is the purpose of the Preamble to the Texas Constitution?

It invokes God and sets the tone, nothing more.

8
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Where are all civil rights and liberties primarily located in the Texas Constitution?

All civil rights and liberties are primarily located in Article 1.

9
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What does Section 1 of the Texas Bill of Rights state about Texas sovereignty?

Texas is free and independent but under the US Constitution, emphasizing local self-government.

10
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According to Section 2, where does all political power originate in Texas?

All political power comes from the people, who can change the government anytime.

11
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What does Section 3 ensure regarding rights in Texas?

Everyone has equal rights, with no special privileges unless for public service.

12
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What does Section 3a of the Texas Bill of Rights prohibit?

It prohibits discrimination by sex, race, color, creed, or national origin. (Added 1972)

13
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What does Section 4 state regarding religious tests for office in Texas?

You can't be blocked from office because of religion, but you must acknowledge a Supreme Being.

14
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What does Section 6 guarantee about freedom of worship?

It guarantees the freedom to believe what you want and not be forced into a religion or church.

15
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What rights does Section 8 protect regarding speech and press?

It protects free speech and press, allowing people to say or publish opinions, but holding them responsible for abuse. Truth is a defense in libel.

16
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What requirement does Section 9 set for searches and seizures?

It prohibits unreasonable searches and requires warrants to have probable cause.

17
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What are some rights of the accused listed in Section 10 of the Texas Bill of Rights?

Rights include a speedy public trial, impartial jury, knowledge and copy of charges, and no forced self-incrimination.

18
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What are the general rules for bail in Texas, according to Sections 11, 11A, and 11C?

Everyone generally gets bail unless it's a capital offense. Denial is allowed for violent or sexual crimes, and if someone violates a protective order in family violence cases.

19
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Can Habeas Corpus be suspended in Texas?

No, it cannot be suspended, ensuring access to challenge unlawful imprisonment (Section 12).

20
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What does Section 13 prohibit regarding punishment and fines?

It prohibits excessive bail, fines, or cruel/unusual punishment, and ensures remedy through due course of law.

21
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What does Section 14 prevent with "double jeopardy"?

It prevents a second trial for the same offense after an acquittal.

22
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Is the right to a jury trial protected in Texas?

Yes, it is protected by Section 15, and the Legislature maintains it.

23
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What do ex post facto laws and retroactive laws prevent according to Section 16?

They prevent laws from being applied backward, protecting fairness and contract obligations.

24
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What does Section 17 require regarding eminent domain?

Property cannot be taken without compensation.

25
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Can someone be imprisoned for debt in Texas?

No, Section 18 prohibits imprisonment for debt.

26
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What does Section 20 prohibit regarding punishment and movement?

It prohibits outlawry or being transported out of Texas for crimes, except with interstate agreements for prison housing.

27
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What does Section 21 ensure regarding inheritance?

It ensures that an individual's crimes do not block inheritance for their heirs (no corruption of blood).

28
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What right does Section 23 protect regarding arms?

The right to bear arms (own arms), though the Legislature can regulate wearing arms.

29
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What does Section 26 prohibit to prevent hereditary privilege and control?

Monopolies, perpetuities, primogeniture, or entailments.

30
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What does Section 27 guarantee regarding assembly and protest?

The right to assemble and remonstrate (gather, petition, protest), and the government must receive and respond.

31
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What rights does Section 30A grant to crime victims?

Fairness, dignity, protection, restitution, information, notification, presence in court, and state enforcement.

32
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What did Section 32 of the Texas Constitution originally state about marriage, and what is its current status?

It originally defined marriage as solely between one man and one woman, but it was invalidated by the US Supreme Court in 2015 (Obergefell v. Hodges).

33
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What is Remonstrance?

A formal protest the government must respond to.

34
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What is Peaceable assembly?

To gather for the common good.

35
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What is Perpetuity?

Ends never.

36
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What is Monopoly?

One entity controls a resource.

37
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What is Primogeniture?

The state of being the firstborn child; historically, the right of the firstborn to inherit everything.

38
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What are Entailments?

Restrictions on how property passes.

39
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What is voting dilution?

Making someone's vote count less.

40
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What are some historical examples of voting dilution methods?

Poll tax, literacy test, white primary, grandfather clause, gerrymandering, annexation tricks, runoff elections, and strict ID laws.

41
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What was "pre-clearance" under the Voting Rights Act of 1965 for Texas?

Texas used to need federal approval before changing election laws.

42
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What were some key changes introduced by the SB 1 Voting Integrity Act of 2021 in Texas?

  1. Expanded early voting in small Republican counties2. Banned 24-hour voting3. Banned drive-through voting4. Added absentee ballot ID requirements5. Banned unsolicited mail ballots
43
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Why are Civil Rights and Liberties placed at the front of the Texas Constitution (Article 1)?

They are placed first to make these rights untouchable, locking them in as the foundation of the entire constitution.