Democracy and Constitutions

1. Democracy and Constitutions Texas Constitutions Chapter 28 Section 1

2. Objectives • Characterize the Texas constitution • Identify the 3 branches that make up the state government • Explain how the constitution is amended

3. The Texas Constitution in Early Government • Constitution – document that outlines fundamental laws and principles of law • Describes the nature, functions, and limits of govt. • Texans live under both the U.S. and Texas constitutions • 7 constitutions since 1824

4. The Role of Constitutions • 4 purposes • Outlined parts and duties of the govt. • Various powers given to govt. bodies and officials • Described rights of citizens • Provided amendment (method of making changes) process • Reflected the times in which it was written (i.e., slavery, women’s lack of rights) • Reflect the ideals and values of citizens • Modeled after U.S. Constitution

5. Federalism • Federalism – sharing of powers and duties between the federal and state govt. • Reserved powers – powers given to the state • Right to regulate trade within state borders • Establish legal age for marriage • Create public schools

6. 3 Branches of Government • Separation of Powers – prevents any branch from having too much power • Legislative – make the laws • Congress (House of Rep. And Senate) • Executive – enforces the laws • President, Vice-President, Cabinet Advisors • Governor, Lt. Governor, Attorney General • Judicial – interprets the laws • U.S. Supreme Court • Texa Supreme Court and Court of Criminal Appeals

7. The Bill of Rights Protects Citizens • Bill of Rights – specifically listing individual freedoms • Similar to U.S. Bill of Rights • Protects freedom of speech, religion, and the press • Guarantees the right to bear arms • Forbid unreasonable search and seizures • Right to a speedy trial

8. Texas Bill of Rights • Texas is a free and independent state. • All political power is inherent in the people. • All free men have equal rights. • No religious test is required to hold office. • Oaths are administered according to the conscience of the individual. • Freedom of worship is guaranteed. • No money shall be appropriated for sectarian purposes. • Freedom of speech and the press is guaranteed. • No unreasonable search and seizure is permitted. • Rights of persons accused of crime are protected.

9. U.S. Bill of Rights • Religious and Political Freedom – speech, religion, press, petition gov’t, & assembly • Right to Bear Arms • Quartering Troops • Search and Seizure • Rights of Accused Persons • Right to Speedy, Public Trial • Trial by Jury in Civil Cases • Limits of Fines and Punishments • Rights of People • Powers of States and People

10. The Constitution of 1876 • Current constitution • Reaction to Reconstruction after Civil War • Separated govt. into 3 branches • Established a public school system • Congress meets once every two years • Cut governor power and salary of state officials

11. s to the Constitution • Additions to the current constitution • Keep state current with changing times • Require approval by 2/3 of both the House of Representatives and the Senate • Followed by voter approval • Governor cannot veto amendments

12. Democracy and Constitutions The Texas System of Justice Chapter 28 Section 2

13. Objectives • Discuss civil law and criminal law • Describe the juvenile justice system • Characterize Texas law enforcement

14. The Judicial System • Courts and Judges throughout the state • 3 purposes • Interprets the laws • Trial and punishment of the criminally accused • Settle disputes among citizens • Two general areas – civil and criminal • Judges elected by the voters

15. Texas Civil Law • Civil Law – legal disputes between private citizens, business, and governments • Concern disputes about property, money, child custody, or insurance claims • May be decided by a judge or a judge and jury • Expensive and time-consuming

16. Criminal Law • Criminal Law – set of laws that describe what people can and cannot do • Protect the public and help maintain order • Two types of offenses • Felony – serious crime (murder, kidnapping, arson) where convicted go to prison or receive death penalty • Misdemeanor – less serious crime (speeding, gambling, disturbing the peace) where convicted pay a fine or county jail time

17. Justice for Juveniles • Texas Youth Commission (TYC) – state’s juvenile correction agency • Young people ages 10-17 • While in the system, juveniles receive • Medical care • Educational testing • Psychological evaluation

18. The Jury System • Grand Jury – considers felony cases • 9 of 12 members believe there is evidence of crime then issued an indictment (“true bill”) is issued • If not enough evidence then a “no bill” is issued • Petit Jury – considers the innocence or guilt of criminal cases • Plea Bargaining – defendant pleads guilty to a lesser charge • Saves time and money • Accused is still punished

19. Working for Justice • Texas Department of Public Safety (DPS) • Conducts criminal investigations • Supervises highways • Licenses drivers • Department of Criminal Justice administers the adult prison system • Attorney General – state lawyer • Jurors – decide guilt and punishment • Texas citizen • 18 years of age • Read and write • Sound mind (not CRAZY!!) • Cannot have any felony convictions or indictments

20. Trial Courts What they do: Hear cases and reach a verdict Who they are: Municipal/Justice of the Peace County Courts District Courts Appeals Courts What they do: Decide if trials were fair; Can order new trial Who they are: Court of Appeals Court of Criminal Appeals Supreme Court (civil) The Court System of Texas

21. Objectives • Discuss civil law and criminal law • Describe the juvenile justice system • Characterize Texas law enforcement