In 1822, Stephen F. Austin established one of the first courts in Texas and appointed a provisional justice of peace. Since Texas was a part of Mexico at the time, the Mexican governor replaced the justice of peace with three elected officials. (Utexas) Soon after Independence, the republic of Texas under the 1836 Constitution, established a supreme court and allowed Congress to create inferior courts. Judges in such courts were to be elected by Congress. Counties, at the time, had County and Justice of Peace courts, whose judges were popularly elected. With the entrance of Texas into the Union and the adoption of numerous constitutions during the period, Texas retained a similar judicial structure. The current 1876 Constitution created a Supreme Court with appellate civil jurisdiction, the court of appeals, a large number of district, county and justice of peace courts and authorized the legislature to create further courts as necessary. Overtime, the legislature added a number of layers to the judicial system creating a vast and complex judicial system with numerous overlapping jurisdictions between courts. Due to the complicated nature of the current judicial system in Texas, this paper will start by giving a brief explanation of the structure of the current judicial system in Texas and will move on by identifying some strengths and weaknesses in the current system and the need for reforms, present numerous proposed reforms and analyzes why the proposed reforms failed.
The current judicial system in Texas comprises of five levels of courts, some created by the State Constitution and others by the legislatures. At the local level, there are two courts; the Justice of Peace court and the Municipal Court. The Justice of Peace...
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...s fair to everybody. At the same time the governor can start a grass roots movement to raise awareness among the people over the need to reform the judiciary. When the legislature meets, the Governor can submit the amendment to the legislature for a vote. If the amendment passes, the can be placed on the ballot for the voters to decide during the next election.
Works Cited
Champagne, Anthony. "Judicial Reform In Texas." American Judges Association n.pag. Web. 14 Feb 2011.
"The Justice System." Texas Politics. University of Texas, n.d. Web. 14 Feb 2011. .
"History of Reform Efforts:Texas." American Judicature Society, n.d. Web. 14 Feb 2011..
In both constitutions, this article spells out the powers and limitations of the legislature. One obvious difference was that “qualified electors” were restricted to “every free male excluding Indians not taxed, Africans, and descendants of Africans, excepted,” in the Constitution of 1845. In contrast, the Constitution of 1876 does not explicitly state restrictions for “qualified voters” (“Constitution of Texas,” n.d.; “Texas Constitution,”n.d.). The size of the Senate and the House of Representative is not mentioned in the Constitution of 1845 unlike the Constitution of 1876 which restricted the sizes to thirty-one members and 150 members, respectively. The term for a Senator has remained four years. However, the minimum age requirement to be a Senator changed from 30 years in the Constitution of 1945 to 26 years in the “Modern Day” Constitution. Although, the minimum requirement to be the resident of the state has gone up from three years to five years. The qualification for the Representatives has remained unchanged from the Constitution of 1845 to the “Modern Day.” The compensation for the legislature has not increased significantly. Legislature were paid three dollars a day when in session and three dollars travel compensation for twenty-five miles in 1845 and today legislature are paid $600 a month. A provision of Article
The principles, which define the work of juridical branch, are relevant nowadays, as they have proved their effectiveness and managed to gain confidence of population. Texas juridical branch is complex and confusing. According to the principles of the Texas Constitution, six types of courts are established, some of which have simultaneous or overlapping jurisdictions. In accordance with the Texas Constitution of 1876, two high courts were established. In addition, in the traditions of Jacksonian Democracy, all the judges in Texas courts should be ready to compete with electoral politics and take their positions according to the results of partisan elections. This democratic principle of fair elections and respect to the votes of citizens is still applied in the juridical branch of Texas
The Texas constitution draws clear lines for separation of powers. The role of a legislative branch is to create laws and be leaders. However since the 1930s, the executive branch of the national government is taking powers away from Congress, and causing this “leadership” branch to become more of a “managerial” branch. United States Federal Legislation is not clearly separate from the executive branch. This causes certain executive powers
Rushing to put in place a working system of government, many of the provisions outlined within the 1836 Texas Constitution were adapted from several places such as the United States Constitution, Spanish-Mexican law, English law, and other southern States Constitutions. (Ericson, Joe E.) Provisions adapted from the United States Constitution were reflected through the amount of power given to State officials that closely resembled identical provisions of the Uni...
In my analysis of the Texas Constitution I will assess the three branches of our State Government, the Legislative Branch, Executive Branch and finally the Judicial Branch. Our State Government resembles our National Government in various ways but also in very different ways which we will review in this essay. I will identify a handful of criticisms and problems associated with the provisions in each of these branches of our State Government and identify suggested reforms that many feel are needed.
Harvey Leroy Sossamon III was denied the ability to use the prison chapels, in the state prison in which he was being held (Oyez.org). Sossamon had been in the Robertson Unit of the Correctional Institutions Division of the Texas Department of Criminal Justice since 2002 (Fasoro). His claims for use were that of religious purposes, the state prison warden in fact denied all inmates that were cell restricted access to such activities. Sossamon was entitled to the use the chapel, in fact it was in his rights. However the prison inmates were provided with different ways and places to practice their religion. Regardless Sossamon explained that the alternatives were absent of Christian symbol. In fact Sossamon witnessed Muslim inmates receive better treatment (Findlaw.com). This came in the forms of treatment, meals and other necessities. Sossamon also added that the alternatives were noisy from the exterior and unfit for religious worship due in part to bad conditions (Fasoro). Sossamon also confirmed if the inmates did not cease prayer when ordered by the guards they were subjected to retaliation or other physical mistreatment (Findlaw.com).Sossamon to advantage of his Secular activity time and began to study the law. Finally when the inmates were on lockdown, could not participate in religious activities but could still participate in schedule secular activities (Fasoro).
The United States Constitution is one of the most used documents in American History, as it is the foundation of American democracy. Within the constitution, the tenth amendment grants, “…The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Thus, Texas also has a Constitution, which outlines important powers within the state, itself. Both of these documents are extremely important to understand together, but to also understand their differences. Some examples of the differences between the Texas State Constitution and the United States Constitution include, the powers of the President and the Governor, the varying Legislative sessions,
The three different branches of government in Texas are the following: The executive branch, which is directed by the governor, executes the laws, the judicial branch, which is run through the supreme court and state courts, interpret the laws, and the legislative branch, which is bicameral, includes the 150 members of the house of representatives and the 31 members of the state senate that make the laws.
Texas is big! From the size of the state, to our trucks, and to our pride, there are countless examples of why “everything is bigger in Texas”. Even our state constitution is bigger! With approximately 87,000 words and 474 amendments, the current Texas Constitution of 1876 is one of the longest state constitutions in the United States. Compared to the United States Constitution with only 4,400 words and 27 amendments, one wonders how the Texas state and local governments can operate efficiently with such an overwhelming document. The length and detail of the constitution stem from the specific policies written into the document, making it statutory in nature. This specificity has resulted in a restrictive document that requires frequent amending.
In 1984, there was a protest in the streets of Dallas; Gregory Lee Johnson was one of the many protesters there. During the protest Johnson set an American Flag on fire. There were some who agreed with what Johnson had done, but there were several others who felt extremely offended. This caused Johnson to go to court When Johnson went to court he was found guilty and was charged with "the desecration of a venerated object.”, and was sentence to a $2,000 fine, and one year in prison. Jonson should have not gone to court in the first place because what he had done was protected under the first amendment, the freedom of speech and the freedom of assembly.
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican government, he and his fellow justices sought to perpetuate their Federalist principles in the United States’ court system. In one of the most memorable court cases of all time--the case of Marbury v. Madison-- Marshall established the idea of judicial review and strengthened the power of the judicial branch in the government. Abiding by his Federalist ideals, Marshall decided cases that would explicitly limit the power of the state government and broaden the strengths of the national government. Lastly, the Marshall Court was infamous for determining the results of cases that dealt with the interpretation of the Constitution and the importance of contracts in American society. The Marshall Court, over the span of a mere three decades, managed to influence the life of every American citizen even to this day by impacting the development of the judicial branch, establishing a boundary between the state and national government, and making declarations on the sanctity of contracts ("The Marshall Court"...
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
Texas and Federal Constitutions contain the principles needed for a representative democratic government and both arose from different historical situations; for instance, the U.S. Constitution was made to replace the Articles of Confederation, a weak decentralized form of national government with no president or taxes, which made the government not powerful enough to start a war. The U.S. Constitution was made to improve these weaknesses by proposing a degree of centralization which increased government power. On the other hand, Texas Constitution was made to reverse or avoid the ideas of the U.S. Constitution. On one part, the U.S. Constitution wanted to empower government action whereas the Texas Constitution wanted to weaken government action. The Texas Constitution is more geared toward protecting people’s rights whereas the U.S. Constitution protects the nation’s interest. The Texas Constitution has been amended more than 300 times whereas the US Constitution includes the Bill of Rights and the subsequent
Texas is an intricate state with deep roots embedded in limited government authority. Almost all, Texans, favor the limited government between citizens and state. The two most important cultures in Texas are individualistic and traditionalistic culture. Individualistic views are summoned by limited government and that politics are the root of malicious acts, and is usually responded with negative reactions from the community. The individualistic cultures’ vision is egotistical for ones self-interest. The individualistic culture is viewed as priority in private independent business rather that those of the community as a whole. Unlike individualistic views, traditionalistic culture is motioned by conservatism. This cultures vision is supported by the common wealth of society’s privileged. Its beliefs are usually of distrust in its bureaucracy. Traditionalistic culture maintains an obligation to its family hierarchy. The traditionalistic subculture has a lower voting turn out rate compared to the opposition. These distinctive cultures were bestowed upon Texans in the 1800’s, when Texas was changing into a diverse and demographically society. Individualistic and traditionalistic cultures are the outline of ideology and certainty to the way Texas government is administrated. This has a huge impact on the way the Texas structures its government and why people support such a structure. And Texas is viewed as both subcultures.
The Constitution of the United States and the Texas Constitution share many similarities. They also have important differences due to different attitudes about what the role of government should be. It is important to know the limits of the state’s power as it can help us better understand our role as a Texas citizen.