Monday, November 29, 2010

Pro-Gay Marriage Judges Voted Out in Iowa

By Douglas V. Gibbs

The judicial oligarchy that claims to be the rule of law is being dismantled piece by piece by the American People. The uproar in California over the court's attempts to overturn Proposition 8, a state constitutional amendment defining marriage as between a man and woman, is reaching a crescendo. In Iowa, however, the people took their anger a step farther, and kicked out three judges who overturned the state's ban on gay marriage.

Three State Supreme Court justices have been voted out because of their 2009 decision overturning the ban on gay marriage because 54 percent of voters said no to their retention at the ballot box. In Iowa, this is the first time since 1962 that any justices have been rebuffed like this.

The message being sent around the country is that the unchecked power exhibited by the courts, powers that are both unconstitutional, and against the will of the people, will not be tolerated by the voters. Republican Congressman Steve King said of the vote, "Iowans voted to correct a problem with out-of-control judges. We understand that marriage is between a man and a woman, that debate already took place in 1998 in Iowa. This debate was about reinforcing the authority of the people and about asserting that we would rather have constitutional and lawful decisions by judges, and that ignoring the law and ignoring the constitution and bending it to their will in such a way as they did, that Iowans can understand the constitution and the rule of law a lot better than the lawyers think they can, and they can understand the law a lot better than some of the judges."

The judges, by legislating from the bench, therefore acting outside their constitutional authorities, brought this upon themselves. The people spoke, and the true rule of law (Constitution) prevailed.

This is why federal judges, who are appointed rather than voted in, can be dangerous. By being checked by the ballot box, it ensures that judges base their decisions on the law and the Constitution. If they do not, they can be removed with ease on election day.

Judges are only supposed to apply the law, not determine the constitutionality of the law. Judicial review is a power that has been seized by the courts without voter approval, and such a seizure of power is just another example of how tyrannical our judicial system has truly become.

-- Political Pistachio Conservative News and Commentary

Iowa Voters Kick Out 3 Judges Who Overturned State Ban on Same-Sex Marriage - CNS News

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