Posted on 11/04/2010 5:43:22 PM PDT by Kaslin
Judicial Retention: Three judges in Iowa were disrobed on Tuesday for voting to end the state's ban on gay marriage. Even those who legislate from the bench would be wise not to ignore we the people.
We've often complained about the power of unelected judges who, when not circumventing the U.S. Constitution and those of their respective states, are busy inventing new rights that often conflict with the will of the people, even after voters or their elected representatives have voted the opposite way.
In some states, while voters may not get to pick the judges, they can vote to retain them based on their judicial rulings or whatever. Few voters pay attention long enough to remember names or scan the sometimes long list of names found at the end of their ballots under the words "judicial retention." This time, Iowa voters did.
Vote totals from 96% of Iowa's 1,774 precincts showed that three judges — Marsha Ternus, the chief justice; Michael Streit and David Baker — failed to get the simple majority needed for them to remain on the bench.
Their replacements will be appointed by incoming Gov. Terry Branstad, a newly elected Republican who signed the state's Defense of Marriage Act during his first term 12 years ago. It's a reminder that the judicial appointment power and the preferences of governors and presidents need to be something voters should pay attention to.
(Excerpt) Read more at investors.com ...
I live in Norht Carolina, so I understand the frustration of the people in Iowa as NC is the ONLY state in the South that has not had a direct vote of the people on a marriage amendment. Amendments here, like in Iowa, must first pass out of the legislature and the ruling Democrats have always said that an Amendment sent to the people is not necessary since we have a standing state DOMA. That is crap of course, because like in Iowa all it would take is a few arrogant, activist judges to strike down our DOMA. The GOP may have won both houses in NC Tuesday, but I still wouldn’t bet on a marriage amendment vote.
And as good as it was that these judges lost in Iowa, and as great as it is that a majority of the states have voted for marriage amendments, the sad truth is that none of that matters. All that matters is the Sup Court. It isn’t supposed to be this way, the Court is not supposed to be that powerful, but it made itself so and the other branches did nothing to stop it. If the matter reaches the current High Court, then Anthony Kennedy gets to decide...a sobering thought. Hopefully he will resist his activist impulses, but it is sad that we are even in this position where we wait on the Court to settle an issue they have no legitimate authority over.
At least Floridians got to vote on (and pass)a marriage amendment. So on that issue there is at least some limit on what damage state judges there can do, right?
“So on that issue there is at least some limit on what damage state judges there can do, right?”
A state judge may rule that it is unconstitutional under the Federal Constitution, using the CA federal court decision as precedent. Of course, the ruling would be a perversion of the Constitution. But that never stops the left.
I was wondering what happened to these "legislate from the bench" judges.
Judges going naked? Seems a bit harsh, but heh, if they're libs legislating from the bench, I say strip 'em down!!
They never vote the judges out. It’s sort of horrid, really; the default should be to vote them out, not keep them. Judges, even the best, have so much power- they need to stay humble. If the voters don’t hold them accountable, who will?
They kept the judges that made the mess over the 2000, election, the one that killed Terri, and now the two that took the right for any vote for HC off the ballot. They should be gone.
Glad some judges somewhere have been held to the fire.
We will be ready in 2012 to boot the three Leftists FL judges up for retention.
http://www.citizen2citizen.us/
IIRC a former Iowa gubernatorial candidate by the name of Vander Plaat started behind the scenes work immediately after the April 2010 ruling. His supporters from previous campaigns were ready to go by August. They raised a lot of money and saturated the media.
We can do the same in FL in 2012.
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