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House File 2313     





                                    HOUSE FILE     
                                    BY  SCHULTZ

                                        A BILL FOR

    1 An Act relating to judicial authority, and making penalties
    2    applicable.
    3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
      TLSB 6124YH (2) 83
      jm/rj

PAG LIN



  1  1    Section 1.  NEW SECTION.  602.1100  Judicial authority.
  1  2    1.  A judicial officer shall not use judicial precedent,
  1  3 case law, penumbras, or international law as a basis for
  1  4 rulings.  A judicial officer shall only use the Constitution
  1  5 of the United States, the Constitution of the State of Iowa,
  1  6 and the Code of Iowa as the basis for any ruling issued by such
  1  7 judicial officer.    The only source material that may be used
  1  8 for interpreting the Constitution of the United States by a
  1  9 judicial officer in this state shall be the Federalist papers
  1 10 and other writings of the founding fathers to describe the
  1 11 intent of the founding fathers, and if such source material is
  1 12 used, the full context of the source material must be used by
  1 13 the judicial officer.
  1 14    2.  This section is not reviewable by the court.
  1 15    3.  A violation of this section by a judicial officer shall
  1 16 be considered malfeasance in office and subjects the judicial
  1 17 officer to impeachment under chapter 68.
  1 18                          EXPLANATION
  1 19    This bill relates to judicial authority.
  1 20    Under the bill, a judicial officer shall not use judicial
  1 21 precedent, case law, penumbras, or international law as a
  1 22 basis for rulings.  The bill specifies that a judicial officer
  1 23 shall only use the Constitution of the United States, the
  1 24 Constitution of the State of Iowa, and the Code of Iowa as the
  1 25 basis for any ruling issued by such officer.
  1 26    Under the bill, the only source material that may be used
  1 27 for interpreting the Constitution of the United States by a
  1 28 judicial officer in this state shall be the Federalist papers
  1 29 and other writings of the founding fathers to describe the
  1 30 intent of the founding fathers, and if such source material is
  1 31 used, the full context of the source material cited must be
  1 32 used by the judicial officer.
  1 33    The provisions in the bill are not reviewable by the court.
  1 34    A violation of this bill by a judicial officer shall be
  1 35 considered malfeasance in office and subjects the judicial
  2  1 officer to impeachment under Code chapter 68.
  2  2    A judicial officer is defined in Code section 602.1101(7).
      LSB 6124YH (2) 83
      jm/rj


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"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
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Reply with quote  #2 
This will place accountability back into the court rulings and establish a new perspective on child custody cases.

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A "good" parent will never deny a child the ability to freely love and bond with the other parent. It a moral crime of immeasurable proportion to interfere with a child's natural instinct to cherish and rely on strong ties to each parent.
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Reply with quote  #3 
Amen...I love the language...it would stop judicial activism.
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IowaFathers
P.O. Box 2884
Waterloo, IA 50704-2884
support@IowaFathers.com
Website: http://www.IowaFathers.com
Visit us on facebook under Groups: Iowa Fathers



"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
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