The legendary Sam Houston was a force to be reckoned with during American expansion in the West during the first half of the 19th century- governor of Tennessee, resident of the Cherokee Nation, commander of the Texas army for independence from Mexico, president of the Republic of Texas, U.S. Senator from Texas, and finally, governor of Texas. In 1861, Houston opposed the succession of his state from the Federal Union to join the Confederacy and therefore, was removed from office and he died a few years later.
About a year before his ouster from
the statehouse in Austin, the aged Governor and Mrs. Houston announced the
birth of their seventh and last child- a boy they named Temple. Orphaned by his
seventh birthday, Temple Houston lived with relatives and worked odd jobs. He
then was appointed as a page in the U.S, Senate and after three years returned
to Texas to enroll in the new agricultural and mechanical college (later named
Texas A & M). Houston transferred to Baylor University where he studied law
and philosophy and gained proficiencies in the Bible and classical literature. A
brief stint in a law office served him well in gaining a law license making Houston
the youngest attorney in Texas. He served as a district attorney in Brazoria
County and as a member of the state legislature, but the bulk of Houston’s time
was spent as a defense attorney in the frontier of the Texas Panhandle
counties.
In 1894, Houston moved with his
family to the town of Woodward in the newly formed Oklahoma Territory where he
opened his law practice. A story is told about Houston meeting with a client in
the county jail. His client was an uneducated cowboy accused of stealing horses,
a serious offense which could get the cowhand the noose if found guilty. So,
Houston wanted to insure that his client understood the legal process he was
facing.
Houston explained, “You will tried
by a court with a judge and a jury of your peers.” “What are peers?” the cowboy asked. Houston answered, “Peers
are people just like you.” To which the cowboy thundered, “I don’t want to be
tried by a bunch of horse thieves!”
I do not have the record whether
this literal-thinking cowboy was found guilty or innocent, or even if this
story is true. But I do know that trail by jury is one of our basic
constitutional rights as citizens with peers being embers of the community in
which the court has jurisdiction. But what about non-citizens? This question forms
the basis of our first thought experiment.
Non-citizens legally voting in the
United States is already a reality. Four towns in Maryland and seven towns in
Vermont grant this franchise but only in town matters, not in county, state,
and federal elections. I am not sure if such voting is permitted in school,
water, fire, and related special districts which may overlap with these towns
and future municipalities allowing non-citizens to vote. For the sake of the
thought experiments, I will side the affirmative.
Thought Experiment #1-
Your town allows non-citizens to
vote and, a state judge has ruled that non-citizens can also serve on juries in
towns that permit them to vote. A non-citizen woman has been accused of robbery
and faces a jury trial. Her attorney has filed a pre-trial motion that since a
jury must be composed of the defendant’s peers, the defendant requests that her
jury be selected entirely upon the jurors’ non-citizenship status.
What questions and commentary can
you bring to this thought experiment?
Thought Experiment #2-
An insurance agent in your town has
been indicted for fraud against three town residents, all of whom are
non-citizens. The agent’s attorney also files a pre-trial motion stating that
in light of the precedent set in the case involving our first thought experiment
that a non-citizens’ jury peers must also be non-citizens, then her client’s
civil rights will be violated unless she (the client) has a jury composed of
entirely of citizens like herself.
What questions and commentary can
you bring to this thought experiment?
Extended Thought Experiment-
A state judge has also ruled that
since 95 per cent of the non-citizens living in the local school district live
in your town all non-citizens residing in the school district may vote also in
school board and bond elections. The school district is losing money because
state aid has been cut. The district has two important programs- advanced college
ready courses for students who desired to be challenged and mentoring and
classroom assistance for at-risk students. The district cannot keep both
programs; one will need to be eliminated. An election is held and one program
is kept with a victory margin of 12 votes out of 776 cast.
What other issues besides
citizenship, voting, and juries come to mind as you deal with this thought
experiment?
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