Texas Government

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Texas Government

• Civil Liberties

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Civil liberties

• Recall
• The Supreme Court ruledbefore Amendment 14that
  Congress could make no law violating the Bill of
  Rights.
• This did not bar states from creating their own
  protections of individual civil liberties.
• Many states did.

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Civil Liberties

• Selective incorporation of the Bill of Rights to
  the states through the 14th Amendment means
• states cannot deny those incorporated rights
• States can offer protections in addition to those
  afforded by the US Constitution

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Texas Bill of Rights

• Similar to US Constitutions bill of rights, but
  adds other protections
• Right to keep and bear arms
• 2nd amendment not incorporated to the states, but
  protection is in Texas state Constitution
• Not protected by other states (but remember
  pending Supreme Court case)
• Texas Bill of Rights prohibits discrimination
  based on gender
• Equal Rights Amendment failed to be ratified as
  part of US Constitution

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Texas Bill of Rights (cont.)

• Forbids committing the mentally ill for an
  extended period without a jury trial
• Right to jury trial in US Constitution for
  criminal proceedings only
• Prohibits suspending the writ of habeas corpus
  under any circumstances
• Presidents have done so, constitutionally, in war
  time

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Summary

• Texas civil liberties are those protections
  afforded to citizens of the state of Texas
  through its own constitution and Bill of Rights
• Consistent with supremacy clause
• States cannot deny any liberties protected by the
  US Constitution
• But states may add to those protections
• Other states may have different or similar
  protections to what Texas offers