Thesis
The Iowa Supreme Court has been making controversial decisions since its beginning in 1839. One of the most recent decision was in 2009 on same sex marriage in Iowa. The supreme court ruled it is allowed in the state of Iowa based on their interpretation of the Iowa Constitution. Since then people have been stating the Iowa Supreme Court has not made a decision like that and it was the first time they had done so. People have also accused the Iowa Supreme Court of "legislating from the bench" and when it comes to creating laws or changing existing laws it falls on the state legislative branch to do so. While the job of creating new laws or changing existing laws does fall on the elected law makers in the legislature, and while there are other ways in Iowa that laws can be changed, the Iowa Supreme Court did not legislate from the bench or change the laws as they are written into the state constitution as they were accused of doing. That statement and the the statement about people saying they had never made a ruling such as the one in 2009 is incorrect. There have been several controversial decisions made by the Iowa Supreme Court since the very first in 1839, which was before Iowa was a state.
Brief History of the Iowa Territory
Iowa was originally part of the Missouri Territory in 1812. In 1834 it became part of the Michigan Territory until Michigan became a state in 1836 when Iowa was made part of the Wisconsin Territory. In 1838 when Iowa became its own territory with the territorial capitol and supreme court in Burlington, Iowa. There were three supreme court justices originally, Chief Justice Charles Mason, associate justices Joseph Williams and Thomas Wilson. The very first case they heard was the "Matter of Ralph, (a colored man)".
References
Encyclopedia Dubuque, MONTGOMERY, Ralph
Iowa Pathways, Ralph Montgomery
The Annals of Iowa, Iowa's Supreme Court, Volume 26 | Number 1 (Summer 1944) pps. 3-22
THE BIOGRAPHICAL DICTIONARY OF IOWA, Rorer, David, University of Iowa Press Digital Editions
Iowa Pathways, The Path to Statehood
To Go Free A Treasury of Iowa's Legal Heritage, Richard Lord Acton, Patricia Nassif Acton, Iowa State University Press/Ames, 1995:
Previous articles in the series:
Freedom and Civil Rights in Iowa: Introduction
Freedom and Civil Rights in Iowa: Juneteenth, History and Introduction
Freedom and Civil Rights in Iowa: Juneteenth, 1619
Freedom and Civil Rights in Iowa: Juneteenth, 1846
Freedom and Civil Rights in Iowa: Juneteenth, 1861
Freedom and Civil Rights in Iowa: Juneteenth, 1863
Freedom and Civil Rights in Iowa: Juneteenth, 1864
Freedom and Civil Rights in Iowa: Juneteenth, 1865
Freedom and Civil Rights in Iowa: Juneteenth, 1865 to 1990
Freedom and Civil Rights in Iowa: Juneteenth, 1990's
Freedom and Civil Rights in Iowa: Juneteenth, 1990 to Present
Freedom and Civil Rights in Iowa: Juneteenth, Artifacts, Book and CD
Freedom and Civil Rights in Iowa: Juneteenth, 2002
Freedom and Civil Rights in Iowa: Juneteenth, Celebrations and Photos
Freedom and Civil Rights in Iowa: Juneteenth, 2003 to 2004
Freedom and Civil Rights in Iowa: Juneteenth, 2009 to 2010
Freedom and Civil Rights in Iowa: Juneteenth, 2012 to 2015
Freedom and Civil Rights in Iowa: Juneteenth, Flags
Freedom and Civil Rights in Iowa: Working Toward Equality, Introduction
Freedom and Civil Rights in Iowa: Working Toward Equality, Iowa Civil Rights Timeline
Freedom and Civil Rights in Iowa: Working Toward Equality, 1839
Freedom and Civil Rights in Iowa: Working Toward Equality, 1868
Freedom and Civil Rights in Iowa: Working Toward Equality, 1869
Freedom and Civil Rights in Iowa: Working Toward Equality, 1873
Freedom and Civil Rights in Iowa: Working Toward Equality, 1884
Freedom and Civil Rights in Iowa: Working Toward Equality, 1925
Freedom and Civil Rights in Iowa: Working Toward Equality, 1905 to 1940
Freedom and Civil Rights in Iowa: Working Toward Equality, 1930
Freedom and Civil Rights in Iowa: Working Toward Equality, 1948
Freedom and Civil Rights in Iowa: Working Toward Equality, 1949
Freedom and Civil Rights in Iowa: Working Toward Equality, 1965
Freedom and Civil Rights in Iowa: Working Toward Equality, 1967
Freedom and Civil Rights in Iowa: Working Toward Equality, 1968
Freedom and Civil Rights in Iowa: Working Toward Equality, 1970
Freedom and Civil Rights in Iowa: Working Toward Equality, 1972
Freedom and Civil Rights in Iowa: Working Toward Equality, 1979
Freedom and Civil Rights in Iowa: Working Toward Equality, 1980
Freedom and Civil Rights in Iowa: Working Toward Equality, 1990
Freedom and Civil Rights in Iowa: Working Toward Equality, 2007
Freedom and Civil Rights in Iowa: Working Toward Equality, 2009
Freedom and Civil Rights in Iowa: Working Toward Equality, Resolving Conflicts/The Work Continues
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