Texas Judicial system is a mess. Because modern Texas society has become so vast and complex, the court system in the state has naturally responded by developing into an extensive and sometimes interwoven system. The Texas Constitution established the original court system, but also permitted the state Legislature to create other courts that may be necessary in the future, thus causing the legislators to make multiple courts that have, in the long run, made the judicial system decentralized and fragmented. This chaos has allowed people to take advantage of the Justice system by trying to find judges who will rule in favor of them, bribing during campaign season with no restraint for donations and having inadequate standards to become a judge.
The Supreme Court only oversees certain cases that must follow certain guidelines, and their main role is to interpret the Constitution. The Supreme Court of Texas is the final appellate court in the state of Texas, and all of its jurisdictions are final, unless it is in criminal law matters. As expressed earlier, the Federal Constitution is the foundation of our country and the most used document within politics, the Supreme Court allows an interpretation of the constitution within changing times that apply to the entire nation and is often where much change occurs within policies. To have a “final say” in important cases that affect our entire nation based on a foundational document shouldn’t be a power that is left to individual states. To be a Supreme Court Justice, one must be nominated with advice and consent from the senate by the President of the United States. There are no other qualifications and they serve on the court for the rest of their lives or until they retire. While to serve on the Supreme Court of Texas, one must meet specific qualifications, such as: “…being licensed to practice law in the state, a citizen of the United States and of Texas, is at least 35 years old, and has been a practicing lawyer, or a lawyer and judge of a court of record together at least ten years.” Not only must a Supreme Court Justice of Texas meet the specific
Courthouses are a major part of a counties government system. The first thing that comes to mind when we think of a courthouse is normally a judge and jury that is sentencing someone, but there are many things that we actually use a courthouse for. Out of all the courthouses that are still standing in Texas I chose to research about the largest courthouse in Texas.
Judicial reforms in Texas have called for implementation strategies since late 1970’s. Before then Texas was a nonpartisan in terms of judicial election with the democratic being the only party that was winning seats in the region. Later in the early 1980’s, the spirit of bipartisan began when the governor under the Republican Party was overwhelmingly elected and later supported bipartisanship in judiciary (Champagne 68)
Champagne, Anthony, and Edward Harpham. "The Texas Judiciary" In Governing Texas An Introduction To Texas Politics. New York: W.W. Norton & Company, 2013. 249-259.
The United States Constitution contains the “Necessary and Proper Clause” which grants Congress the power to enact statutory laws that are “necessary and proper” for carrying out the enumerated powers (US Const. art I, sec. 8, claus. 18). Texas has no equivalent to the “Necessary and Proper Clause” in its constitution. This limits the legislature to powers only specifically written, and thus driving the requirement for frequent constitutional amendments for even minor legislative changes.
Texas politics is long and at times very complicated, due to the amount of state constitutions they have gone through, especially the one we follow today. The first state constitution was in 1827 before Texas gained its independence from Mexico, due to the fighting and Texas achieving its independence in 1836 a new constitution had to be adopted. A few years later a new constitution was needed when Texas joined the United States in 1845. However, when Texas seceded from the United States at the beginning of the Civil War in 1861, a new constitution had to be drafted. After the civil war in 1866, yet another constitution had to be written for Texas to re-join the union. Three years later during the reconstruction of 1869, Republicans took control
A study done by Jeffrey Segal and Harold Spaeth demonstrate the Supreme Court’s justices tend to vote in line with their personal political opinions (Patterson, 2013). The Supreme Court’s decisions are of often a “mix of law and politics” (Patterson, 2013). The judiciaries uphold the law but their political views can sway their rulings. Outside court influences can be from the public. While judges do not typically strive to have the popular public opinion as politicians do, they can make their rulings in an effort to get support from the public or reduce public opposition (Patterson, 2013). Interest groups are also outside political influences on the court. Interest groups want judges appointed who share their legal viewpoint. Elected government officials also influence the court (Patterson, 2013). The President is expected to enforce court decisions and Congress has the ability to rewrite legislation that judiciary may have misinterpreted (Patterson, 2013). Therefore, the judiciary might feel added political pressures when making their
The Texas constitution originally was designed to limit state government control. With the numerous “obstruction points” (a term used in the Texas Politics book) a bill or law needs to go through in the executive branch ensures no bill will be passed unless agreed on by all office holders. This helps keep numerous amounts of pointless bills and regulations from being enforced. Thus, leading to less government regulations being enacted resulting in a prosperous economy. One of the major reasons Texas’ economy performs so well is because of the low taxes and small regulations on corporations and businesses driving its economy. This excerpt also contributes to my point, “Texas Gov. Rick Perry tells Newsmax that he attributes the “Texas Miracle” — the Lone Star State’s relatively robust economy during the economic downturn — to a “light” tax burden and a favorable regulatory climate.” Again, a major reason for the small government in Texas can be attributed to its separation of powers included in the executive branch. Not only does this maintain small government, it retains the power of the
Texas’ executive branch only allows the governor to appoint the secretary of state; other officeholders have to be elected. This limits the authority of the governor which I believe to be a benefit to Texas residents. The U.S. allows the president to appoint many head officials to federal agencies, giving the president most of the benefits. When officials have to be elected by a population of people instead of being appointed, it gives the people more power over who represents them in their government. When officials have to be elected they work harder to please their constituents and when they are just