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It is true that the three branches of Texas state government are all political. They depend on each other and none can be viewed to be above the other. They operate under the concept of separation of powers making it hard for one branch to practice absolute power over another. In essence, the branches are meant to check out each other.
The constitution does not allow any of the branches to exercise powers which are rightly meant to be exercised by another branch. But the constitution allows a system of checks and balances to work. Through this system, the branches check each other’s powers and thus ensure that no branch goes overboard.
The process of law making best illustrates how this check and balance system works. The legislature is entitled to making the laws. It starts by drafting a bill. The bill becomes a law if it is signed by the governor. The governor represents the executive branch. In some cases, the executive may decline signing a bill, that is, the governor may veto the bill. The legislature has another chance of turning the bill into a law.
This is done by getting enough votes in favour of the bill. In this case, the bill becomes a law. This illustration shows how the executive and legislature checks each other out. Neither the executive nor the legislature has absolute power over the other.
After a bill has been passed into a law, the judiciary branch comes in. The judiciary system in this case is meant to interpret the law and see whether it is fair or unfair by checking that it does not contravene the constitution of the state. This is done after a lawsuit is presented against the law.
If the law is found to be unfair, it is cancelled and ceases to be a law. The legislature has a chance of making a correction to the cancelled law to rectify the mistakes that the judiciary branch pointed out. However, this will be a new process altogether.
How does politics then come in? The state of Texas carries out judicial elections. Judges play a major role in the Texas judicial system. Judges occupy office through partisan politics. This elective system for judges brings in politics because of the general feeling that judges are more likely to be inclined to some political bias and philosophies. This will likely make them not execute their duties impartially.
Vying for the position of a judge will definitely require campaign funds. The likelihood that judicial candidates, who raise campaign funds from different groups, will remain impartial once in offices in regard to cases touching on those groups that provided funds is very minimal. The elective judicial system therefore makes the judiciary branch vulnerable to politics.
This may undermine the balance of power which is meant to exist. This will be possible if the judiciary decides to be impartial in its interpretation of the law in favour of some interest groups. It is also clear that judicial candidates will have to adopt philosophies which are popular with the people even though such philosophies may not be necessarily fair.
Once they are elected, the judges are still further likely to interpret the law in a manner that the people will be happy with. This may lead to skewed interpretation of the law in favour of people’s expectations.
In general, it has been shown that the judiciary branch is political. This is the same for the executive as well as the legislature. Holders of offices in all of the three branches occupy their offices by means of an elective process. How they work is therefore likely to be inclined towards impressing the electorate. This may adversely affect the manner in which laws are made.
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