“The disposition of mankind, whether as rulers or as fellow-citizens, to impose their own opinions and inclinations as a rule of conduct on others, is so energetically supported by some of the best and by some of the worst feeling incident to human nature, that it is hardly ever kept under restraint by anything but want of power” (The Supreme Court, William H. Rehnquist, Random House, Inc., 1987, p. 277). The late Supreme Court Chief Justice, William H. Rehnquist, wrote this, quoting John Stuart Mill about the injustice caused by the politics of some judges.
Some unelected judges with lifetime tenure say that detailed criticism of the judicial system would destroy its effectiveness. The truth is, unelected judges who presume the authority to create laws instead of judging have already destroyed the reliability of the system. This is illustrated by the June 26, 2015, federal Supreme Court majority in Obergefell v. Hodges. The definition for marriage of one man married to one woman since the beginning of human history was forcibly displaced by the tyranny of a handful of lawyers on the Supreme Court in Washington, D.C. By virtue of the Iowa Constitution, the people in the state of Iowa said no to an unjust law similar to Obergefell v. Hodges, the only way that supremacist judges can understand. In 2009, three Iowa Supreme Court judges were dismissed by a vote of the people.
The judges were dismissed following a statewide citizen review of history, provided by the Iowa Family Research Council and other leaders statewide. In 1962, a constitutional amendment to the Iowa Constitution for selecting judges was passed and Iowa Supreme Court judges must stand for retention by a vote of the people.
Several states have similar judge retention laws. The common sense of ordinary voters, when told the truth about history, is far superior to providing judges with lifetime tenure. We The People are not second-class citizens to be saddled and ridden by judicial supremacists. No more compromise. Some will not like the idea of change. They will be demanding and obstinate, but justice is far more important than lifetime tenure for judicial supremacists. Our Constitution for a government by, for and of the people, “. . . done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the [Declaration of] Independence of the United States of America,” then signed by the people’s delegates. The first signature was that of George Washington.
~ D. Norris