Caleb asked a question that many Texans face today: “What should Texans do when Texas courts refuse to uphold the Texas Constitution?” During a recent Coffee Talk session, TNM President Daniel Miller provided a comprehensive answer that every Texan should understand.
The Bottom Line: Use Your Electoral Power
Miller’s response was direct: “A wayward judiciary is not uncommon. Our courts have been politicized for quite some time, making some of them incapable of delivering justice or rendering just verdicts.” But unlike federal judges who serve for life, Texas judges face voters regularly.
Every Texas judge—from Supreme Court justices to district court judges—appears on the ballot. This creates a direct accountability mechanism that Texans can use to remove judges who refuse to uphold their constitutional duties.
The Constitutional Foundation
The Texas Constitution provides strong grounds for this approach. Article 1, Section 1 declares Texas “a free and independent state subject only to the Constitution of the United States.” More importantly, Article 1, Section 2 reserves to the people “at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.”
When courts fail to uphold these constitutional principles, they violate their oath and undermine the foundation of Texas governance.
The Practical Tools Available
Miller outlined several specific actions Texans can take:
First, file complaints with the State Commission on Judicial Conduct. In 2024, the commission received about 1,100 complaints, though only 49 resulted in disciplinary action. While the success rate is low, documented complaints create public records of judicial misconduct.
Second, support challengers in judicial elections. Texas elects most of its judges across over 3,000 judgeships. Research candidates who will uphold constitutional principles and support them with votes, volunteers, and contributions.
Third, expose judicial failures publicly. Use scorecards, public forums, and media exposure to inform voters about judges who refuse to enforce the Texas Constitution. Organizations like Texas Judges provide resources for evaluating judicial candidates.
A Recent Victory
Miller highlighted positive developments in Texas courts regarding constitutional questions. The Texas Supreme Court’s decision in case 23-0111, written by Justice Bland, established that the Court’s role is to “…facilitate elections, not to stymie them…”
This ruling removes opposition arguments that the Texas Constitution doesn’t allow for independence referenda, showing that electoral pressure can produce constitutional victories.
The Broader Constitutional Context
When independent countries face courts unwilling to uphold new constitutions, they employ several strategies: constitutional replacement, legislative overrides, judicial removal, and direct democracy. Texas has constitutional mechanisms for most of these approaches.
The Texas Constitution provides removal procedures for judges who neglect their duties. The Legislature can impeach judges, and voters can remove them through elections.
Why This Matters for Independence
Courts that refuse to uphold the Texas Constitution demonstrate the broader problem of federal supremacy over state sovereignty. When Texas judges defer to federal authority instead of enforcing Texas constitutional rights, they prove that the current system cannot protect Texan self-government.
Miller emphasized that this is ultimately a political question, not just a legal one. The people of Texas have the constitutional right to determine their government’s form and function.
The Path Forward
Texans should not accept judicial tyranny as inevitable. The electoral process provides immediate tools for accountability. File complaints, support constitutional candidates, expose judicial failures, and use public pressure to demand adherence to Texas constitutional principles.
As Miller noted, unlike federal lifetime appointments, Texas judges must face voters. This creates an opportunity that Texans must seize to restore constitutional governance.
When courts refuse to uphold the Texas Constitution, they undermine the very foundation that justifies remaining in the Union. The solution is not to accept this failure, but to use every constitutional tool available to restore judicial accountability and, ultimately, Texas independence.
