SJR 2002 (LSB 5098XS (2) 91)

SENATE JOINT RESOLUTION 2002

BY  TAYLOR

SENATE JOINT RESOLUTION

A Joint Resolution proposing an amendment to the Constitution of the State of Iowa prohibiting the power of judicial review.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  The following amendment to the Constitution of the State of Iowa is proposed:
   Section 1 of Article V of the Constitution of the State of Iowa is repealed and the following adopted in lieu thereof:
   Section 1.  Courts.  The judicial power shall be vested in a supreme court, district courts, and such other courts, inferior to the supreme court, as the general assembly may, from time to time, establish. Except as provided in article three (III), section thirty-six (36), the judicial power shall not include the power of judicial review to determine whether a law passed by the general assembly is consistent with the Constitution.
    Sec. 2.
  REFERRAL AND PUBLICATION.
  The foregoing proposed amendment to the Constitution of the State of Iowa is referred to the general assembly to be chosen at the next general election for members of the general assembly, and shall be published as provided by law for three months previous to the date of that election.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This joint resolution proposes an amendment to the Constitution of the State of Iowa that prohibits the power of judicial review.
   The resolution provides that, except for the supreme court’s review of an apportionment plan adopted by the general assembly, the judicial power of courts shall not include the power of judicial review to determine whether a law passed by the general assembly is consistent with the Constitution of the State of Iowa.
   The resolution, if adopted, would be published and then referred to the next general assembly (92nd) for adoption before being submitted to the electorate for ratification.