This afternoon freshman Iowa Representative Tom Shaw released the following explanation of why he and fellow Republican representatives must press forward with impeaching the remaining four Supreme Court of Iowa Justices. After hearing the State of the Courts address given last week my acting Chief Justice Cady it is obvious that the SCOI has not even acknowledged the resounding policy refutation they were handed by We the People in November. That kind of prideful arrogance is not becoming of a public servant.
If the justices on the Supreme Court refuse to listen when We the People Speak, the only recourse we have is to proceed with impeachment via our elected representatives. The full text of the Press Release Follows.
FOR IMMEDIATE RELEASE
Contact: Representative Tom W. Shaw, tom.shaw@legis.state.ia.us
Date: January 16, 2011
Independent Does Not Mean Unaccountable
Tom W. Shaw
State Representative, Iowa House District 8
I was present in the Iowa House chambers on Wednesday morning, January 12th, and listened to the Condition of the Judiciary speech delivered by Iowa Supreme Court Chief Justice Mark Cady. After discussing the financial woes of the Judicial Department, he launched into a tongue-lashing directed at the elected representatives of “We the People” of Iowa, and also at “We the People” themselves. The purpose of this reprimand was to “educate” us about the independence of the judiciary and his belief that we do not have the right to even question their authority.
What the Chief Justice fails to understand is that “independent” does not mean unaccountable. Also, “supreme” does not mean that the Judicial Department is supreme over the other two co-equal Departments of Iowa government or the people themselves.
I am one of several State Representatives who are currently drafting Articles of Impeachment against the four remaining Justices of the Iowa Supreme Court. Three of their colleagues were removed from the bench in the retention election on November 2nd. The people of Iowa rendered their verdict on the malfeasance of all seven of these judges who attempted to redefine marriage in their Varnum V. Brien decision of 2009. The opinion, written by Justice Cady, rendered that the definition of Iowa’s law declaring that marriage is between one male and one female, was unconstitutional. Furthermore, they ordered that same-sex “marriage” licenses must be issued. They performed the duty of the Legislative Department by creating law and usurped the authority of the Executive Department to carry out the law. Article III of the Iowa Constitution specifically forbids one department from performing duties of the other departments. These violations constitute malfeasance and therefore the Justices must be impeached. It is the duty of the elected representatives of “We the People” to remove these Justices in order to maintain the checks and balances of power in our state government.
The Iowa Constitution specifically states that “all political power is inherent in the people.” This is in direct contradiction to Chief Justice Cady’s erroneous belief that final authority to determine whether or not a statute is constitutional rests with the Judiciary. That authority was not granted to the Judicial Department in either the United States or Iowa Constitutions. Like the authority given to the Executive and Legislative Departments, the Judicial Department’s authority is derived from the Iowa Constitution, which derives its authority from the people. It cannot grant itself authority that does not exist. The Iowa Constitution is a legally binding contract between the citizens of Iowa and their government. The Iowa Supreme Court clearly violated this contract, their sworn obligation to support it, and their sacred duty as servants of the law and the people of Iowa.
They must be impeached. As representatives of the people, men and women who also swore to support the Constitution, we must take this action lest we join these four judges in their malfeasance.
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Originally posted by the Iowa Sentinal
http://theiowasentinel.com/2011/01/16/independent-does-not-mean-unaccountable/
