21 October 2024 4:32 pm
With the controversy over going to a system where federal judges are elected, it might be useful to take a look at what was has been done in the past. Mexico became independent in 1821… sort of. But, the “Plan de Iguala” was a sort of ad hoc compromise that ended the war of independence — a Catholic monarchy, but at least an independent nation. The immediate result was the large chunk of the country, the so.called “Captain-Generalcy of Guatemala” declared independence from the Mexican Empire, the local oligarchs not wanting to cede power to Mexico City, having been fighting mostly just to take control of their own fiefdoms. Which was pretty much what the oligarchs in the rest of the new “Empire” wanted to do.
it took another coup — forcing “Emperor” Agustin — the first and last — to abdicate, and having a much more varied oligarchy (as well as business and intellectual class that favored independence and more centered in Mexico City and the “heartland”) a better compromise system was called for.
So, looking northward, the borrowed from what was tat the time the model constitution for a republic, and got to work. The basics were there… an elected chief executive and legislature, a federal republic… but, noting the US Constitution was rather fuzzy on how its judiciary would work.. and having had its judges sent by Spain previously… something beyond appointing judges to life-time positions … seemed to make sense.
The Constitution [of 1824] also established that the Supreme Court would be made up of 11 ministers, who would be elected in open voting in each of the states on the same day that the legislatures were elected. In each state, 11 ministers would be elected, and their list would be sent to the federal Congress. The federal deputies would make the count, and those who obtained the greatest number of votes out of the total number of legislatures would be elected.
(Avila, Filipe, “La Constitución de 1824” La Jornada, 20 October 2024)
The revised constitution of 1857 would also include elective judges, although the 1916-17 Constitution … focused more on social issues than on governmental structures… did away for direct election of judges.
Posted by richmx2
Categories: Uncategorized
Tags: constitution, elections, history, Politics, supreme-court
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