Posted on 12/22/2010 2:51:29 PM PST by US Navy Vet
Edited on 12/22/2010 6:11:32 PM PST by Sidebar Moderator. [history]
Several GOP lawmakers say they
(Excerpt) Read more at omaha.com ...
This would be awesome.
How about making up the law as you go along? That's essentially what these activist judges have been doing.
It is like no one really cares about getting to the heart of the matter--they're ignoring it. I am not impressed. This is noise making.
OK just what is the “Missouri plan”?
It’s called LEGISLATING FROM THE BENCH.
This is not good news that she isn’t already up to speed on getting this done. She could be looking for a way NOT to do this.
I think they know it won't work and don't even care.
I’ll tell you what. We’ll work on impeaching the judges, you lead the effort to get rid of the Missouri Plan.
The two things are not mutually exclusive.
And every Iowan I know wants to do both.
Or, you can sit at your keyboard and naysay every chance you get. It’s up to you.
>she wants a clear understanding of what constitutes “malfeasance” and she wants to discuss the issue with the GOP caucus before deciding how to proceed....
Phooey. Impeachment is political not legal, and the definition of it is whatever the majority say that it is.
Go do it!
There's always enough time to uphold the constitution.
And, if one is to keep their oath, they do it no matter what the whip count may or may not be.
The Iowa Constitution
ARTICLE I.
Political power
Sec. 2. "All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it."
ARTICLE III.
OF THE DISTRIBUTION OF POWERS
Departments of government. Sec. 1. The powers of the government of Iowa shall be divided into three separate departments - the legislative, the executive, and the judicial: and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any function appertaining to either of the others...
Impeachment
Sec. 19. The House of Representatives shall have the sole power of impeachment, and all impeachments shall be tried by the Senate...
Officers subject to impeachment - judgment.
Sec. 20. The Governor, Judges of the Supreme and District Courts, and other state officers, shall be liable to impeachment for any misdemeanor or malfeasance in office...
After the primary, it became known about the "Missouri Plan" and the truth is that it doesn't matter who the governor is--he only has his choice between the three liberal nominees. Sure, he can refuse but then the chief justice makes the decision.
I still resent they did this to Branstad. It makes you wonder if none of them knew Iowa was saddled with this plan.
Until the Missouri plan is gotten rid of, each new SC nominee will just be a carbon copy of the ones that got the boot.
This is an exercise in futility and these people have to know it but for some reason refuse to do anything about the real problem.
I've lost confidence in the whole bunch.
Hopefully, Upmeyer takes her time--and lots of it. There is no point in doing something half cocked and regretting it later.
The way the constitution reads, these same SC justices could actually have replaced themselves. No one cares. Why not?
It is like no one really cares about getting to the heart of the matter--they're ignoring it. I am not impressed. This is noise making.
OK, Conservativegreatgrandma, just pretend we all looked it up, and agree with you that the Missouri Plan is bad ju-ju.
What do you propose be done about it? Would your solution require amendments to the constitutions of the various affected states? Would it require an amendment to the US Constitution? What legislative majorities in the various State Legislative Houses and/or in the US Congress and Senate would be needed for your solution to be enacted. How many Governors, Senators, Representatives, Judges, etc., would need to be bribed, extorted, assassinated, publicly spat upon, or spoken ill of, for your solution to be enacted?
Help us out here, 'cause we really are interested in what you might be hinting about, but just need some more details.
I wish it were more promising than it looks.
The GOP controls the Iowa state house. A motion to impeach will pass there. However, the Dems still narrowly control the Iowa state Senate.
Unfortunately, I don’t see a two-thirds majority (to impeach) coming out of that chamber.
Until the Missouri plan is repealed, nothing else matters and you know it, too. Any justices removed will be replaced with like minded justices. We’ve gained very little. It is very curious why no one is interested in really fixing the problem.
These same people should be yelling to their caucus that they want an amendment to the Iowa Constitution changing the method by which Iowa MUST choose the justices. Until then we're going to have one liberal justice replacing another liberal justice.
>>>>OK just what is the “Missouri plan”?
The method for selecting judges. Modeled after one set up in Missouri prior to Iowa adopting it. There are judicial nominating commissions, 14 people - 7 picked by the Iowa Bar, other appointed by governors - and right now, all 14 are for all practical purposes Democrats. And in this supposed ‘merit’ selection process, the only merit that seems to matter is how much $$ a potential judge has given to Dems.
I would prefer they do whatever it takes to make the nominating commission process be required to be bipartisan. This impeachment is going to come around and bite the Iowa Republican party in ate A$$ big-time if they go forward with it. There’s no way voters will elect Republicans to the state Senate, ousting incumbent ‘Rats next next time the other half of them are up for election in 2 years.
You keep saying that, but it’s simply not true. Lots of folks in Iowa want to get rid of the Missouri Plan.
But, as I told you previously, that has little or nothing to do with the fact that the legislators have a constitutional obligation to impeach judges who have transgressed their legitimate constitutional powers and attempted to usurp the legislative and executive powers.
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