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Texas Constitution vs U.S. Constitution

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Ammi Rivas

on 12 March 2013

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Transcript of Texas Constitution vs U.S. Constitution

Texas Constitution
U.S. Constitution Individual Liberties Ammi Rivas
Danny McCullough
Hector Villalobos
Joel Martinez
Mike Mendoza The Individual Texas bill of rights differs from the U.S bill of rights Guns Texas And Its Guns Who Can Legally Own A Gun? There is no gun registration in Texas

A person of 18+ years can purchase a long gun (rifle, shotgun, etc)

A person of 21+ years can purchase a handgun

However, a person of 18+ years can still generally own and possess a firearm

Penal Code Title 10. Chapter 46. Firearms Follows the US constitution’s second amendment

Location in the Texas Constitution:

Article 1. Bill of Rights

Section. 23 Right to keep and bear arms

However, Texas does institute different laws to define and protect this right to its degree The Texas Constitution is “meant to provide a rigid structure for government, leaving no room for interpretation.” Whereas the US Constitution is what's known as a "Case-law" Constitution, where the document is meant only to provide a basic structure to the government. Texas Bill of Rights has strict guidelines on “corruption of blood”, or suicides. It directly states that upon the case of suicide, properties cannot be forfeited of those who take their own lives. “No Conviction shall work corruption of blood” found in Article I Section 21 Article I Section 28in the Texas Bill of Rights proclaims that no power can suspend Texas State Laws except the Texas State Legislature in the “Suspension of Laws”. Texas bill of rights Article I Section 18. States that no person can be imprisoned for debt. US. Bill of Rights Tenth Amendment allows all states power over their own laws that aren’t covered by the US. Constitution. Texas Bill of Rights has more thorough edicts against the restrictions of freedom of religion, freedom of press, freedom of speech, and freedom of peaceful assembly. US Bill of Rights First Amendment states the congress shall make no law prohibiting freedom of peaceful assembly, freedom of speech, religion and petition of government. because Texas still has its individual rights. Peaceable Journey Law A person can carry a handgun without a permit to a vehicle they own

A person can also drive with a handgun in their vehicle as long as it is concealed

Certain places prohibit firearm carry such as schools, courts, racetracks, airports, etc.

Penal Code Title 10. Chapter 46. Firearms Castle Doctrine The Castle Doctrine gives citizens in their homes the right to protect themselves, other people,
and their property by force, including deadly force.

In Texas, the Castle Doctrine also extends to vehicles or workplace.

The Stand Your Ground Law: A person is allowed to use force to protect themselves from

Penal Code Title 2. Chapter 9. The Texas Bill of Rights and the US Bill of Rights however have certain portions that are almost identical. Such as Search and Seizure. They both state that no persons properties can be searched or seized without a legal warrant to do so. Texas Bill of Rights Texas vs National U.S. Constitution Marriage Texas Constitution on Marriage The Texas Constitution contains a certain regulation concerning marriage in the State of Texas in Article 1, Section 32. It states: The United States Constitution does not carry information regarding marriage and allows the States to create their own regulations for Marriage. The Texas Constitution up holds that Marriage must be done with one man and one
woman, yet with the topic of gay marriage grabbing the media’s attention; it becomes a difficult task to keep this Amendment intact. If the United States Constitution were to create a new Amendment allowing gay couple to marry, the States would argue that it is unconstitutional for the National Government to create any regulation that would conflict with the States Government. Texas Constitution vs US Constitution Overview The Texas Constitution limits citizens a bit more in comparison to the U.S. Constitution because of its further detail on the right to carry a gun. Marriage in this state shall consist only of the union of one man and one woman.
This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage. The Texas Constitution regarding Marriage. The Texas Constitution clearly specifies what kind of marriage is allowed in the state of Texas. Article 1, Section 32, Part b was added on November 8, 2005 in the Texas Proposition 2, also known as the "Definition of Marriage Act". The United States Constitution regarding Marriage.
Currently, only 10 States in the Nation allow Gay marriage and is discussed frequently whether or not the National Government should create a law allowing same-sex couples to marry. President Obama is fully supporting gay marriage and wants to do something about giving same-sex couples the right to wed. Texas has more limits because the United States Constitution holds no laws or regulations regarding Marriage and allows the states to create its own laws. Religion In Article 1, Section 6 of the Texas Constitution it states:

All men have a natural and indefeasible right to worship Almighty God according to the
dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. The Texas Constitution contains a paragraph regarding its laws of worship and religion. Texas and Religion The First Amendment of the United State’s Constitution is Freedom of Religion. The
founders of the Constitution wanted Freedom of Religion to be a priority due to the events of the 13 colonies becoming a free country from Great Britain. The First Amendment of the United States Constitution is as follows:

Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the Government for a redress of
grievances. The US Constitution regarding Worship and Religion. Overview The Texas Constitution as well as the United States Constitution both acknowledge that that Freedom of Religion is a fundamental right that all citizens are required to have. Both Constitutions allow all people to worships any God or no God, without the Government interfering and controlling what is believed by their citizens. Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self government, unimpaired to all the States. FREEDOM AND SOVEREIGNTY OF STATE All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient. INHERENT POLITICAL POWER; REPUBLICAN FORM OF
GOVERNMENT All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services. EQUAL RIGHTS. As with all official documents, both the Texas Constitution and the US Constitution are hard to understand. Both are different in their own ways and are subject to different interpretations. Texas is a unique state and has differences that the rest of the country might not understand. With one of the longest state constitutions, it is safe to assume that everything really is bigger in Texas. Intro Conclusion The Texas Constitution provides us with certain rights and protections as an individual and citizen of the Lone Star State. Just as the United States Constitution has its own rights, the Texas Constitution has its own set of standards that are different from each other. These are a few of the differences that protect individuals and their rights. Both the Texas and US constitutions allow the practice of any religion without Government involvement or control. The State of Texas
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