SELFISH INTENTIONS - K-REx - Kansas State University

Following the revolution in 1776, the new states established their own court systems.
Most state constitutions created a court with specific jurisdiction and then allowed the state
legislatures to establish the lower courts. Fenton explains, “The Kansas Constitution provided
for a Supreme Court with defined original jurisdiction. The Legislature was given authority to
define the jurisdiction of the district courts (except over divorce, already granted them) and to
designate the times and places where the district judges would hold court.” 66
Each state also established the qualifications and selection procedure of judges for these
general jurisdiction or district courts. Prior to 1830, judges were usually appointed by the
governor of the state and then approved by the legislature. 67 The people accused the governors
and legislatures of using their influence to reward political friends. Because of the shift in
political thought during the Jacksonian era, states began to abandon the procedure of
appointments in favor of judges being elected by the people. The framers of the Kansas
Constitution adhered to this Jacksonian philosophy. They concluded that district court judges
would be elected by the votes within each district and would hold office for a term of four
years. 68
In 1854, Congress created the first formal government in what is now the state of Kansas
by establishing a territorial government. The act formed the territorial court system and
allocated judicial power. The territorial courts included a Supreme Court with a Chief Justice
and two associate justices all of whom were appointed by the President with the advice and
consent of the United States Senate. They divided the Kansas territory into three districts with
district courts located in each. Fenton notes, “In 1855, the Kansas Territorial Legislature gave
66 Ibid. 15.
67 Ibid., 15-16.
68 Ibid., 16.
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