We The People:  The Only Cure to Judicial Activism

We The People: The Only Cure to Judicial Activism

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On April 3, 2009, the Iowa Supreme Court shocked the state when it ruled that homosexuals had the right to marry under the Iowa Constitution. As outraged Iowans sought to overturn the courtÕs decision, serious questions were raised, including:

¤ Does the courtÕs order have the force of law?
¤ Do state and local officials have to obey a court decision which had no basis in the constitution?
¤ Can the courtÕs decision be stopped by a governorÕs executive order?
¤ If the legislature refuses to pass a marriage amendment, should a constitutional convention be called?

Nathan Tucker, a Davenport, Iowa, attorney, seeks to answer these questions in a series of columns he wrote in the aftermath of the courtÕs decision.