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Accordion The Bill of RightsThe Bill of Rights is the first 10 Amendments to the Constitution. It spells out Americans’ rights in relation to their government. It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion. It sets rules for due process of law and reserves all powers not delegated to the Federal Government to the people or the States. And it specifies that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” The First AmendmentThe First Amendment provides several rights protections: to express ideas through speech and the press, to assemble or gather with a group to protest or for other reasons, and to ask the government to fix problems. It also protects the right to religious beliefs and practices. It prevents the government from creating or favoring a religion. The Third AmendmentThe Third Amendment prevents government from forcing homeowners to allow soldiers to use their homes. Before the Revolutionary War, laws gave British soldiers the right to take over private homes. The Fourth AmendmentThe Fourth Amendment bars the government from unreasonable search and seizure of an individual or their private property. The Fifth AmendmentThe Fifth Amendment provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury. A person cannot be tried twice for the same offense (double jeopardy) or have property taken away without just compensation. People have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials.) The Sixth AmendmentThe Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges. Witnesses must face the accused, and the accused is allowed his or her own witnesses and to be represented by a lawyer. The Eighth AmendmentThe Eighth Amendment bars excessive bail and fines and cruel and unusual punishment. The Ninth AmendmentThe Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out. The Tenth AmendmentThe Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people. Back to Main Page How Did it Happen?  What’s The Difference Between The U.S. and Texas Constitutions?While many people learn about the U.S. Constitution in school, few give it much thought outside of school, and even fewer give the Texas Constitution any thought at all. While the U.S. Constitution applies to the federal government with the states being subordinate, the Texas Constitution (and all state constitutions) sets in writing what the state government can and cannot do with the counties being subordinate. While similar to the U.S Constitution, the Texas Constitution has some striking differences, many of which can make it more difficult to file constitutionally based lawsuits under Texas law. One of the most striking differences between the Texas and U.S. Constitutions is length. The U.S. Constitution is intentionally brief and vague, which allows the federal government to broadly interpret it. The Texas Constitution was written leaving little room for interpretation to ensure it cannot be interpreted in a manner inconsistent with the constitution’s ideals. The Texas Constitution gets its length from going into great detail. While the Texas Constitution grants Texans similar rights to the U.S. Constitution, the Texas Constitution is much more specific regarding exactly when these rights are infringed upon. While it may seem like this specificity would make legal matters cut and dry, in practice it can greatly complicate things. Filing a Lawsuit Under The Texas ConstitutionThere are generally two types of lawsuits filed under the Texas Constitution: facial challenges and “as applied” challenges. Facial challenges claim particular portions of the Texas Constitution are unconstitutional. In “as applied” challenges, plaintiffs argue constitutional statutes are being applied unconstitutionally in a way that discriminates against them because of their particular circumstances. Because Texas has a very specific constitution, it can be difficult to understand whether or not a statute was applied wrongly in “as applied” challenges. Only experienced lawyers familiar with the nuances of the Texas Constitution will be able to determine if a violation has occurred and provide enough evidence to overcome the burden of proof associated with these cases. Feldman & Feldman: Experts Constitutional LawAt Feldman & Feldman, our attorneys have extensive experience filing lawsuits under the Texas Constitution. We understand how complex these cases can be and are uniquely qualified to litigate and resolve these issues. If you believe your rights under the Texas Constitution have been infringed upon, contact us today. What is the difference between the U.S. Bill of Rights and the Texas Bill of Rights?With its more positive tone the Texas Bill of Rights provides much the same protections as the U.S. Bill of Rights. But it also extends beyond federal protections.
What are the main differences between the Texas Constitution and the US Constitution?The two constitutions are also very different. The U.S. Constitution increases government power, because the earlier government was too decentralized and not powerful enough. The Texas Constitution limits government action. The U.S. Constitution is brief and vague, which allows a broad interpretation.
What is the difference between the US Constitution and the Bill of Rights?The constitution describes each of the roles and responsibilities of the arms of the government and citizens while the Bill of rights describes the rights and freedom of the people. The constitution limits the power of the government while the Bill of Rights grants authority to the people.
What are the main differences between state constitutions and the US Constitution?Often, state constitutions are much longer and more detailed than the federal Constitution. State constitutions focus more on limiting rather than granting power since its general authority has already been established.
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What is the major difference between the Bill of Rights in the Texas Constitution and the U.S. Bill of Rights?
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