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Texas legislative, executive, and judicial government
Development of the Texas constitution
Development of the Texas constitution
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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..
It is surprising to know that in the span of 49 years, Texas went through seven different constitutions reflecting the changes of time. Every experience Texas went through made the constitution more and more detailed and showed more distrust in the government. However, time has changed Texas from an agricultural world to a technological world and yet the Constitution of 1876 remains the law of the state. Although Texas endured the Civil War and the Reconstruction period after the Constitution of 1845 was ratified, the Constitution of 1876 was drafted from the Constitution of 1845.
In an article written by a Senior student they discuss a monumental moment in Mexican American history concerning equality in the South. The student’s paper revolves around the Pete Hernandez V. Texas case in which Hernandez receives a life in prison sentence by an all white jury. The essay further discusses how Mexican Americans are technically “white” americans because they do not fall into the Indian (Native American), or black categories and because of the Treaty of Guadalupe Hidalgo of 1848. The student’s paper proceeds to discuss the goals connecting the Hernandez V. Texas case which was to secure Mexican American’s right within the fourteenth amendment [1].
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 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.
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
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.
To this day, Americans have many rights and privileges. Rights stated in the United States constitution may be simple and to the point, but the rights Americans have may cause debate to whether or not something that happens in society, is completely reasonable. The Texas v. Johnson case created much debate due to a burning of the American Flag. One may say the burning of the flag was tolerable because of the rights citizens of the United States have, another may say it was not acceptable due to what the American flag symbolizes for America. (Brennan and Stevens 1). Johnson was outside of his First Amendment rights, and the burning of the American flag was unjust due to what the flag means to America.
Lawrence v. Texas In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults who were acting in privacy.
The two States that I did a comparison on is Texas which is where I reside and North Carolina. The reason I chose North Carolina is because that is the State that I was born in and also where my son is going to attend college. As with most states there are two main goals 1) To prevent crimes and to rehabilitate juveniles, 2) The Safety of the Public. It is up to Law makers and others to find the best ways to meet these goals. There is not a set guideline or specific procedures in the Nation for The Juvenile Justice System, so each state makes their own. Every state has their own definition of adolescent offenders and decided in different ways how they should treat them. In the State of Texas a child is considered a minor from the age of 10 yr old until the age of 17. At the age of 17 years old a juvenile is considered an adult. In North Carolina children 16 yrs and older are considered adults.
Our government here in Texas has three major parts that play a significant part in our decision making process. These levels have been deigned to decentralize power and make it more affective for the public's needs. The primary level is the Texas legislature. It is almost a given to say that everyone has at least heard of the legislature. Some variables that the legislature contains are the Lt. Governor, the Speaker of the house of Representatives and Committee Chairs. The Speaker acts as the presiding officer over the house and has two levels of power. These two levels are institutional powers which allow the officer to preside over the Legislative Audit Committee and Sunset Advisory Committee.
First, according to justice.gov, “The federal court system has three main levels: district courts, circuit courts, and the Supreme Court of the United States.” The courts all have a different role to play in the judicial system. Court systems exist to provide justice for all. Now, the district court system is the beginning of the judicial system. A good amount of the cases handled by the district court system are either criminal or civil trial cases.
On the 11th of June, 1982 following the conviction of a criminal offense, Robert Johnson was sentenced to two years probation. The terms of his probation included his person, posessions, and residence being searched upon reasonable request. When a search warrant was executed for Johnson’s roommate, officers testified that with enough reasonable suspicion, they were able to search Johnson’s living area as well.
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.
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
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.