Sunday, April 17, 2022

THOUGHT EXPERIMENTS IN CITIZENSHIP

 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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