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37 Drake L. Rev. 33 (1987-1988)
Rediscovering the Iowa Constitution: The Role of the Courts under the Silver Bullet

handle is hein.journals/drklr37 and id is 45 raw text is: REDISCOVERING THE IOWA CONSTITUTION: THE ROLE OF THE COURTS UNDER THE SILVER BULLET Bruce Kempkes* TABLE OF CONTENTS I. Introduction ............................................. 33 II. The Iowa Constitution: The Need for a Principled Approach. 36 III. Judicial Review Under the Iowa Constitution: A Broader R ea ch . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 3 9 A. Judicial Review and the Federal Courts ............... 40 B. The Evolving Structure of State Government .......... 40 1. The Iowa Constitution: The Role of the Legislature. 42 2. The Iowa Constitution: The Role of the Courts ..... 44 C. Judicial Review in Iowa: Two Recent Cases ............ 46 IV . C onclusion .............................................. 51 I. INTRODUCTION The year 1857 did not change the course of world history. The new technologies of the Industrial Revolution connected the United States with Europe through the Transatlantic Cable. Queen Victoria named Ottawa the Capital of Canada and overthrew a bloody mutiny in India. Men and women of letters lost philosopher Auguste Comte, but gained Joseph Conrad. Tom Brown's headmaster admonished him, Life wasn't all beer and skittles, and one Dickens character advised another, Papa, potatoes, poultry, prunes, and prisms are all very good for the lips: especially prunes and prisms. Apart from a court ruling that made John Sandford the master of 62- year-old Dred Scott,' 1857 was an unexceptional year in the United States. James Buchanan took the reins of the presidency from Franklin Pierce to lead an increasingly divided nation steeped in the principles of laissez-faire. In the North, the iron horse linked St. Louis with New York City, which, plagued by tuberculosis, suffered the highest rate of death in the world. In the South, plantation owners paid $1500 for prime field hands. Durkee's dressing, Borden's condensed milk, and Hiram Walker's whiskey appeared on grocery shelves, and Bostonians sang Jingle Bells for the first time. * Assistant Attorney General, Iowa Department of Justice. B.A. Central College, 1977; J.D. University of Iowa, 1980. 1. Dred Scott v. Sandford, 60 U.S. (19 Howard) 393 (1856).

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