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Judiciary politicized its role
The Gazette Opinion Staff
Nov. 26, 2010 11:56 pm
The Gazette (Nov. 21 editorial) misdirects its comments on politicizing the judiciary again.
The problem is not that vocal minorities are politicizing judge selection or retention. The problem is that the judiciary has already politicized its own role.
The judiciary is most productively and fairly employed as an umpire, determining when actions are outside the constitution or specified law. But when the umpire decides to be a player, then it must be treated as a player.
Fortunately, in Iowa, voters have a narrow opportunity to vote on retention of these self-appointed legislators.
In most states, and in the federal system, voters have no say in how these usually lifetime appointed judges change the law. The constitution of Iowa very clearly specifies the Legislature elected by the people to decide what new or changed laws are needed. The Legislature is indeed political in that it must respond to the will of the people. That is democracy.
However, when the unelected judicial branch decides to change the law without recourse, that is dictatorship. Except for Iowa. Thank goodness for retention votes.
Dan Steele
Iowa City
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