House
Resolution
49
-
Introduced
HOUSE
RESOLUTION
NO.
49
BY
SHAW
,
ALONS
,
DE
BOEF
,
MASSIE
,
and
PEARSON
A
Resolution
impeaching
Supreme
Court
Justice
Daryl
L.
1
Hecht
for
malfeasance
in
office.
2
BE
IT
RESOLVED
BY
THE
HOUSE
OF
REPRESENTATIVES,
3
That
Supreme
Court
Justice
Daryl
L.
Hecht
is
impeached
4
for
malfeasance
in
office,
and
that
the
following
5
article
of
impeachment
be
exhibited
and
presented
to
6
the
Senate:
7
That
Supreme
Court
Justice
Daryl
L.
Hecht
in
8
violation
of
his
constitutional
oath
undertaken
before
9
taking
office
to
support
the
Constitution
of
the
United
10
States
and
the
Constitution
of
the
State
of
Iowa,
has
11
committed
malfeasance
in
office
through
his
action
to
12
sanction
marriage
between
persons
of
the
same
sex
in
13
the
Varnum
v.
Brien,
763
N.W.2d
862
(Iowa
2009),
ruling
14
issued
on
April
3,
2009,
by
the
following
conduct:
15
ARTICLE
I
16
By
unconstitutionally
exercising
functions
properly
17
belonging
to
the
legislative
and
executive
departments
18
as
follows:
19
(1)
By
his
action
in
the
Varnum
case,
Justice
Hecht
20
improperly
assumed
the
function
and
role
of
an
elected
21
legislator
by
ordering
that
the
language
in
Iowa
Code
22
section
595.2
limiting
civil
marriage
to
a
man
and
a
23
woman
must
be
stricken
from
the
statute
as
enacted
by
24
the
legislative
department
and
approved
by
the
governor
25
of
the
executive
department
in
1998.
26
(2)
By
his
action
in
the
Varnum
case,
Justice
Hecht
27
knowingly
and
intentionally
usurped
the
proper
function
28
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H.R.
49
delegated
solely
and
exclusively
to
the
legislative
1
department
of
declaring
public
policy,
through
his
2
judicial
declaration
of
a
new
public
policy
contrary
to
3
long-standing
public
policy
acknowledged
by
society
and
4
established
in
Iowa
Code
section
595.2,
subsection
1.
5
(3)
By
his
action
in
the
Varnum
case,
Justice
Hecht
6
has
improperly
required
the
executive
department
to
7
issue
marriage
licenses
to
parties
of
the
same
sex
in
8
direct
contravention
of
Iowa
Code
section
595.2.
9
(4)
By
his
action
in
the
Varnum
case,
Justice
Hecht
10
has
created
a
constitutional
crisis
regarding
the
11
enforcement
of
the
Varnum
ruling
by
allowing
different
12
interpretations
of
the
definition
of
marriage
to
13
exist
indefinitely
within
the
separate
departments
of
14
government,
leaving
the
people
with
no
immediate
remedy
15
to
address
this
crisis.
16
(5)
By
his
action
in
the
Varnum
case,
Justice
17
Hecht
has
created
a
constitutional
imbalance
and
18
confusion
within
the
State
of
Iowa
as
to
the
proper
19
constitutional
function
of
each
department,
thus
20
undermining
the
integrity
of
the
tripartite
separation
21
of
powers
among
the
departments
and
creating
social
22
disorder
and
unrest.
23
BE
IT
FURTHER
RESOLVED
BY
THE
HOUSE,
That
the
24
conduct
of
Supreme
Court
Justice
Daryl
L.
Hecht,
in
25
committing
malfeasance
in
office,
warrants
impeachment,
26
trial
by
the
Senate,
and
removal
and
disqualification
27
from
any
office
of
honor,
trust,
or
profit
under
the
28
state
pursuant
to
the
procedures
set
out
in
Iowa
Code
29
chapter
68.
30
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