...Hurdles blocking substantial judicial reform in Texas Well first and foremost judicial reform is not for the short-winded. Vanderbilt’s remark illustrates a key point about judicial selection reform. Reforms do not occur simply because someone or some assembly in a state decides that a change in the system of assortment is appropriate. Rather it is necessary for key interest groups in the judicial politics of a state to reach an adequate political compromise that change can occur. A variety of factors may lead to such an agreement on the need for reform (Champagne). Which leads me to my next question, what could possibly be perceived as Texas’s most significant hurdle blocking substantial judicial reform? The Texas Judicial System has endured many hurdles. I personally believe that the most significant hurdle blocking judicial reform was partisan elections and significant amounts of money for campaigning in order to win the election or reelection. They were competitive and...
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...1 The State Judicial Selection Process Juan Banuelos Professor Sheila Farr SOC205 08/02/2014 2 The judicial selection process can complex at times and many states have different requirements that are needed to become a judge. The two states that I chose for the judicial selection process are Texas and Missouri. The judicial process in Texas require certain qualifications to become a judge. The Texas constitution establishes basic qualifications before being selected. In the Court of Appeals and the Supreme Court judges are required to have a license to practice law and must have been practicing law for ten years. Another requirement is that a judge needs to be a legal resident of the United States and a resident of Texas before being selected. In other states age requirements are not mandatory, but in Texas the age requirement is thirty-five years of age. District judges are required to have a licensed to practice law in Texas for at least four years and be a resident of the judicial district for two years, they must also be a resident of the State of Texas. In District Courts judges are to compete in partisan elections as well, the same for the Supreme Court if a vacancy occurs the Governor of Texas will appoint a replacement for the remainder of the term, again this is needed to be approved by the Senate. The requirement's to serve as a judge is to be a citizen of the United States. The nominee must have held a judicial district for two years, they also must...
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...Constitution and Systems of the State Paper 2Texas Constitution vs. U.S. Constitution the Constitution was created by the founding fathers for two purposes. The Constitution is to establish a federal government for the United States and to delegate limited powers to the federal government. Serving as basic principles of government for the nation, the Constitution implies laws, customs and institutions within one single document. The U.S. Constitution was completed on September 17, 1789 (University of Texas Austin, 2009). A simple way to describe the Constitution is to recognize it as the states being the boss of the federal government. Just as manager is hired to oversee and ensure that the rules and regulations of a company or business are followed, the responsibility of the Constitution is the same. Many states have individual Constitutions that mirror the U.S. Constitution. The Texas Constitution is very similar to that of the United States by establishing the basic laws under that of which its citizens are administered. The Constitution used today was first adopted in 1876. The Constitution has been amended 439 times and consists of 17 amendments. A closer view of the Texas Constitution reveals the main articles of the state. In additional, the relationship between the U.S. Constitution and the state of Texas Constitution is compared. Next is an analysis of services the judicial, education and social systems provide. Finally, an analysis of the system effectiveness is made...
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...Texas Judicial Assignment The Federalist Paper #78 written by Alexander Hamilton is about him trying to persuade the people of New York to ratify the U.S. Constitution for their own benefits among the support it can give them in the near future. The U.S. Constitution provides an election towards possible leaders to govern its people. This has reasons why Hamilton states that Judicial Branch is the least dangerous branch of government, because it carries out the decision of the president and the needs that the other two branches to use its power. As an example, when a judge breaks a law this enforces the Executive Branch to involve a law by uniting the other separate powers to work together. Some effects that the Judicial Branch is the least dangerous of all the three branches was created to separate and limit them over their powers to control the government. This helps each branch to have its individual power to make, enforce or carry them out to make a law in order to accomplish this they need each other’s support in making it possible....
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...Bibliographic Essay on Texas Supreme Court Chief Justice Robert W. Calvert: The Rise and Career of Texas Supreme Court Chief Justice Robert W. Calvert: From the Position of Associate Justice (1950-1961) to Texas Supreme Court Chief Justice from (1961-1972) Primary Thesis: Judge Calvert moved up the judicial ladder by adhering literally to the letter of the law in basing his decisions. Did his poor orphaned state raised background and have a direct effect on sensational rise to the highest position in the Texas judicial system. The effects of electing judges in Texas resulted in putting judges on the benches with no prior judicial experience, during the 50’s through the early 70’s basically family men or local politicians. I currently have read the State Bar of Texas: APPELLATE SECTION (concerning Judge Calvert’s Career) I currently have read article in: The Appellate Advocate, State Bar of Texas Section “Render unto Judge Calvert…Correct Appellate Vol. 20, No.3 Spring 2008 I have his Book: “Here Comes the Judge” From State Home to State House. By Joseph M. Roy: 1977 PoliticTexas: Austin Statesman American Inns of Court: Chief Justice Robert W. Calvert Home School Coalition of Texas: Shelby Sharpe, Lead Attorney appointed by Chief Justice Robert W Calvert in the Landmark case of (Leeper v Arlington class action suit. The Court ruled that Home schooling in Texas was legal and Texas Supreme Court Confirmed the Appellate ruling. Justices of Texas 1836-1986: University of Texas School of Law:...
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...Chapter 1 – The political culture, people, and economy of Texas According to the move, Texas is such a big state, land wise, that it is large enough to be divided into five different states. The demographic in each region of Texas is quite different depending on which part of the state you end up in. According to our book, Texas is the second-largest state in the nation and has four distinct geographical regions: the Gulf Coastal Plains, the Interior Lowlands, the Great Plains, and the Basin and Range Province. First there is West Texas which has nothing but “flat ranches”. Then there is Houston which is close to the coast which there are a lot of industries along, so it was labeled as the “carcinogenic cost”. Next up was Dallas which is in...
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...Texas is amongst the few states whose judges are appointed by public election. This includes local judges as well as judges in the state’s Supreme Court. Every judge is chosen by the people. This method is justifiably fair, since running candidates can campaign regardless of their political affiliation and without fear of discrimination or bias from the government. This also eliminates the risk of corrupt bargains influencing who falls into power. Rather than politicians appointing politicians, the fate of the candidates rests on their ability to appeal to the people. However, this system is not perfect. Many voters know either little or nothing about the candidates and make uneducated choices when submitting their votes. If I were able to...
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...Texas first Constitution, which was established in 1836, was called the Republic of Texas. The present constitution is called the State of Texas and was established in 1876. Texas Constitution changed five times in between that time. The current Texas Constitution has sixteen articles such as article II, the powers of government, article VII, education, and article XVI, general provisions. Some of these articles have cut the powers of government, limited the governor’s term to two years, added a debt ceiling of $200,000, and set fixed salaries for state officials. Details about policies and avoiding abuse of government powers included into the new constitution made the document long and disorganized. So what exactly is a constitution? A constitution is the basic law of a...
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...government into three branches. These branches are the legislative, executive, and judicial. The legislative branch has two houses, the Senate, and the House of Representatives. The executive branch is the president and his or her cabinet and staff. The executive branch also includes the staff of all of the government departments and agencies....
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...Texas is amongst the few states that chooses their judges through election. Even minor judges are elected, from the county court judges to the state Supreme Court, every judge is chosen by the people. This method is fair, since both parties get the opportunity to campaign and the voters get the final say. Voters get to have a voice, and a say on who they want as judges rather than one person appointing them. However, there are downsides to having all judges elected, such as most voters know little or nothing about the candidates. If I could change one thing about the Court System, it would be to change the way judges come to the bench in Texas. I believe we shouldn’t have partisan elections, which will demolish the concept of a Republic or...
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...The judiciary is a government branch responsible for interpreting the constitution. Strict constructionists and judicial activism are two sides of the same body that guide a judge in the decision making of court cases. Strict construction is defined as the interpretation of the law while basing the argument on the narrow and literal meaning of the law. It does not make exceptions for the difference in times of writing the constitution and conditions experienced today, changes in the society and innovations. Judicial activism, on the other hand, considers what the language of the policy maker intended to capture from an extended point of view to consider the societal complexity and current standards of conduct for humans (Pandey, 2012). The strict constructionist limits the judicial discretion, restricting judges in determining legal cases and especially those outlined in the Constitution. Their discretion is only allowed when the decision is necessary for resolving a substantial dispute between antagonizing parties. It expects judges faced with constitutional questions to allow substantive deference to ideas argued by elected branches and restrain their actions only when there are clear violations of the constitutional limits (Mark, 2012). The concept controls the court to interpret laws and take part in policy-making. Judges are expected to pass...
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...The Texas Constitution 1 Why the Texas Constitution Matters • The Texas Constitution is the legal framework within which the government works • Rights guaranteed in the Texas Constitution go beyond those of the U.S. Constitution • The length and detail of the Texas Constitution make the amendment process central to the political process 2 The Role of a State Constitution • State constitutions perform a number of important functions – Establish political institutions and explain the source of their power and authority – Delegate powers to particular institutions and individuals and define how they are to be used – Protect against the concentration of political power in one institution or individual – Define the limits of political power 3 The Role of a State Constitution: Influence of U.S. Constitution • Texas’s constitution is heavily influenced by the U.S. Constitution – Political power is derived from the people – Both constitutions feature a separation of powers • Legislative, executive, and judicial branches – A system of checks and balances limits the powers of each branch, as a way to protect against tyranny – Certain individual rights must not be violated 4 The Role of a State Constitution: How U.S. Constitution Is Different • The idea of federalism is also embodied in the constitutions of the U.S. and Texas • Important differences distinguish the two – Supremacy clause: the U.S. Constitution and federal laws...
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...Court System of the United States Curtis Sweed May 19, 2013 AJS/502 Professor John Baiamonte, Jr. In the United States every person is given the right to pursue life, liberty, and freedom. When people fail to comply with the laws of the United States there is a penalty that comes with failing to obey the laws. In the United States the court system consist of the federal court system and each state court system. States are given the right to enact laws and regulations that is best for the interest of each citizen of that state. Many states have laws that other states do not have. Each state is different but is ultimately rule by the federal government. In Texas the court system consist of Justice Court, Municipal Court, County-Level Court, District Court, Court of Appeals, Supreme Court, and the Court of Criminal Appeal. Texas leads the nation in execution and one of the largest populations of offenders incarnated in the free world. Texas seems to practice a policy of being "tough on criminals," reflecting the belief of most Texans that a strong deterrence is the most effective crime-fighting policy. Texas has the highest incarceration rate of any state or Western industrialized nation and is the leading state in both sentencing people to death and the number of prisoners executed (Dille, 2008). The Texas court system is built around a primary county. These counties are name county seats. These counties are the location of all major court system. Each town has a jail...
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...The history of Texas dates back thousands of years with Native American and Indian tribes but the true evolutionary period for the state began in the early 1500s when the Spanish founded the so-called new land and began sending Spanish conquistadors to explore the region. Although they had discovered Texas in 1519 and claimed rule around that time, it was not until the late 1600s that Spaniards actually began to reside in Texas. Just as Spaniards began to settle in Texas, in 1685 a French explorer was searching for the mouth of the Mississippi river to establish a colony of nearly four hundred people when he accidentally landed in Texas and founded a colony near present day Victoria, Texas. This led to the French having control over Texas...
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...(executive, judicial, or legislative) created the state statute? The Legislative branch of the government created the state statute. 3. The passage above also discusses one court case. Who were the parties involved in the case? The parties involved in this case were the State of Texas and Gregory Johnson. 4. The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least amount of authority. United States Supreme Court, Texas Court of Appeals, Fifth District, Dallas County Criminal Court 5. Provide the citation for the United States Supreme Court’s decision in this case. Texas v. Johnson, 491 U.S. 397 (1989). 6. What effect did the United States Supreme Court’s decision have on the Texas statute? The United States Supreme Court struck down the statute, stating it violated the First Amendment of the Constitution. Legislation enacts statutes. Statutes are passed laws. Some statutes are “new law” and some “supersede or adopt common laws” (Yelin, Samborn, 2012). Codification occurs when the Legislative branch of the government “adopts a common law” (Yelin, Samborn, 2012). Statutory law has priority over case law. The course book stated, “Statutes and the U.S. Constitution comprise one body of law called enacted law” (Yelin, Samborn, 2006). In the balance of power in the U.S system, courts...
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