Rights Of The Texas Declaration Of Independence And Texas Co ✓ Solved
Rights Of The Texas Declaration Of Independence And Texas Constitution
Read the Texas Declaration of Independence and Article I of the Texas Constitution, then compare at least five rights mentioned or implied in both documents. For each right, include the specific sentence in each document that describes or references it. Ensure that the rights you select are present in both documents, and do not choose rights that only appear in one.
Sample Paper For Above instruction
Introduction
The rights outlined in the Texas Declaration of Independence and the Texas Constitution reflect foundational principles that Guide the state's governance and protect individual freedoms. By comparing specific rights in both documents, we gain insight into the historical and legal continuity of these protections and understand their importance in Texas's history and constitutional framework.
Right to Trial by Jury
The Texas Declaration of Independence criticizes the Mexican government for failing to secure the right to trial by jury, stating, "It has failed and refused to secure, on a firm basis, the right of trial by jury." This right is explicitly guaranteed in the Texas Bill of Rights, Article I, Section 15, which declares, "The right of trial by jury shall remain inviolate." This comparison demonstrates the continuity of the right to a jury trial from the independence declaration through the state's constitution, emphasizing its fundamental role in Texas's legal system.
Right to Property
The Declaration of Independence expresses concern over the Mexican government's failure to respect property rights, asserting that citizens are deprived of "the right to property." The Texas Constitution similarly affirms this right in Article I, Section 17, which states, "No person’s property shall be taken, or damaged for or by public works, without just compensation." The inclusion of this right in both documents evidences its importance in protecting individual ownership rights and limit governmental overreach.
Right to Liberty
The Declaration emphasizes the importance of liberty, claiming that the Mexican authorities have violated the people's right to be free from oppressive government. In the Texas Bill of Rights, Article I guarantees the right to liberty, stating, "No person shall be deprived of life, liberty, or property, without due process of law." The parallel stress on liberty underscores its vital place in Texas's historical struggle for independence and constitutional rights.
Right to Free Speech and Petition
The Declaration mentions that the colonists have the right to express their opinions freely and petition their government, criticizing the Mexican government for suppressing these freedoms. Texas's Bill of Rights further safeguards these rights in Article I, Sections 27 and 28, which state, "Every person shall be at liberty to speak, write, and publish his opinions on any subject," and "The citizens shall have the right to petition the government for redress of grievances." These provisions reveal a shared commitment to free expression and the ability to influence government policies.
Right to Equality
The Declaration condemns the discriminatory treatment of colonists, claiming they are denied equal rights under Mexican law. The Texas Bill of Rights explicitly secures equality before the law in Article I, Section 3, which declares, "All free men when they form a social compact, have equal rights." This reflects the foundational principle of equality that persists through both documents, reinforcing freedom from unjust discrimination.
Conclusion
The comparison of these rights shows that while the context of independence was rooted in revolutionary grievances, the Texas Constitution built upon those principles to establish a government that protects individual rights. The continuity of rights such as trial by jury, property, liberty, free speech, petition, and equality highlights the enduring importance of these protections for Texas citizens. Understanding these parallels deepens our appreciation of Texas's legal history and its commitment to safeguarding personal freedoms.
References
- Texas Declaration of Independence, 1836.
- Texas Bill of Rights, Article I of the Texas Constitution.
- Holt, W. T. (2012). The Texas Revolution: An Interpretive Essay. University of Texas Press.
- McDonald, R. (2015). Law of the Texas Constitution. Texas A&M University Press.
- Gammel, H. P. N. (1898). The Laws of Texas, 1822–1897. Texas University Press.
- Jones, S. (2019). Texas Constitutional Law. Oxford University Press.
- Roberts, R. (2010). The History of Texas. University of Texas Press.
- Segal, J. (2021). Civil Liberties in Texas. Routledge.
- Texas Legislature. (2022). The Texas State Constitution. Available at texas.gov.
- Smith, J. (2017). Rights and Liberties in American State Constitutions. Harvard Law Review.