The Iowa Constitution limits the power and authority of all people in government. No one is above the Constitution. This includes courts and judges.
Last year, the Iowa Supreme Court ruled that our marriage law was unconstitutional. The judges should have stopped right there, but they didn’t. They went too far when they declared what the new marriage law must be. No court or judge has the authority to make a new law.
Under Articles III and XII of the Iowa Constitution, only the Legislature has lawmaking power. Laws may be changed by our elected representatives, not by unelected judges. Judges have no authority to change the law to what they believe it ought to be.
Residents who question court authority are criticized by law professors, newspaper columnists and by former Iowa Supreme Court justices. They imply that we are not smart enough to understand the situation.
But Iowans know about separation of powers with checks and balances. We know that when one branch of government of exceeds its authority, our system is no longer balanced.
We, the people, can begin to restore balance in our state government. On Nov. 2, we can vote out (not retain) three of the Iowa Supreme Court Justices who did not follow our constitution.