Following up on yesterday’s death match and Craig Robinson looked no worse for wear as I had lunch with him today. I also saw Steve Deace today (he was in the same restaurant awkward – just kidding) and he also appeared to unscathed. It was a good debate though Craig was just slightly outnumbered. I personally think that Craig had the sounder argument and he brought up a couple of points.
What if President Obama since he decided he didn’t like the Supreme Court’s ruling on the corporate contributions aspect of the McCain-Feingold Act and declared a stay order that ruling to be disregarded. Many would have a conniption fit and rightfully so. Or what if the day comes during the Obama Presidency when Roe v. Wade was overturned. We really don’t want to give additional authority to the Chief Executive.
The argument is largely based on what the phrase “chief magistrate” means and the supporters of an executive order to place a stay on the Iowa Supreme Court’s ruling on the Defense of Marriage Act read too much into that phrase.
Both Craig and I today agreed that if the Iowa Constitution clearly gave the Governor the authority of an executive order to place a check on the Judicial Branch’s power then we both would say go for it. But the Constitution gives only two remedies for this problem either a constitutional amendment process that first goes through the Legislature or a Constitutional Convention. The only check that a Governor has over the Judicial Branch is in the appointment process.