STUNNING CLAIM: U.S. AT POINT WHERE 'ELECTIONS DON'T MATTER'
'We will not survive another few years as a republic, irrespective of who wins'
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The U.S. Supreme Court
Could our republic be on its last legs?
If the judicial system continues to usurp power it doesn’t rightfully possess, then America’s current system can’t last much longer, according to Conservative Review senior editor Daniel Horowitz.
“We will not survive another few years as a republic, irrespective of who wins this election, if the courts are not stripped of their power,” Horowitz declared during a recent appearance on the Mark Levin Show.
Indeed, the nation is reaching a “cathartic moment in our history where elections don’t matter,” according to Horowitz.
This is because unelected judges are deciding most major social and political questions with finality. Horowitz details the danger posed by the courts in his new book “Stolen Sovereignty: How to Stop Unelected Judges From Transforming America.”
Levin praised the book, calling it “a must-read” and “a terrific book” and deeming Horowitz “one of the smartest young men in the conservative movement today.”
Horowitz said he was inspired to write the book by two distinct events that happened Sept. 3, 2015. That was the day Rowan County, Kentucky, clerk Kim Davis was thrown in jail for refusing to violate her Christian faith by issuing “marriage” licenses to same-sex couples. This came after the Supreme Court in June created the constitutional “right” to homosexual marriage.
Then also on Sept. 3, according to Horowitz, a Ninth Circuit Court of Appeals panel invalidated the deportation of a criminal alien because the individual was transgender.
The judge applied international law to rule the alien could not be returned to Mexico because he might face persecution because of his gender identity. The judge then castigated the immigration officials in court for not using the proper pronoun to refer to the defendant.
So on the same day a federal judge threw a peaceful clerk in jail for following her Christian faith, another federal judge ordered the ICE to release a dangerous criminal illegal alien. This dichotomy was emblematic of a major problem Horowitz sees drawing near.
“I believe that we are reaching the final frontier of judicial tyranny,” Horowitz warned. “For years they’ve been codifying special privileges for protected classes, flipping unalienable rights on its head for protected classes of Americans. They’re now copying and pasting those rights to foreign nationals.”
This manifests itself, according to Horowitz, when judges rule in favor of birthright citizenship and counting illegal aliens in the census while ruling against common sense state voter ID laws.
“They are not only deciding every political and social question of our time that should be left to a legislature, they are preventing conservatives from even winning elections and having fair elections in the first place,” Horowitz said. “This is why I see this problem as pretty much the most imminent constitutional crisis we have to confront at this moment.”
Some conservatives believe all they need to do is elect a Republican president who will then appoint more conservative judges, but Horowitz views this as a fool’s errand.
For one thing, he said, it would take many years to replace enough liberal judges to make a serious difference, and Republican presidents do not have a great record anyway when it comes to appointing judges who turn out to be conservative.
Horowitz believes America has reached a point of no return and the only answer now is to strip the courts of jurisdiction over certain issues. This requires no new law or constitutional amendment because Article III, Section 2 of the Constitution grants Congress the power to exempt and regulate the jurisdiction of the courts.
If Congress would only stand up and exercise this power, it would change everything, according to Horowitz.
“So the notion that the courts could say, ‘A man is a woman now for purposes of state law; a marriage is not a marriage; you have to fund Planned Parenthood; you can’t regulate abortion clinics’ – they do not have the power to do that if Congress protects the states and simply says no, they do not have the power to adjudicate,” Horowitz declared.
Indeed, the notion that one district or circuit judge can redefine marriage or throw out an immigration law is silly, according to Horowitz, because Congress created those courts and has power over their jurisdiction. He acknowledged his book has opened many eyes to the way the judiciary is supposed to work.
“A lot of people actually thought the courts are the final arbiter of everything,” Horowitz said. “That’s what even conservatives are trained to think, and this is something that is so dangerous because … there’s got to be some sort of limit to it.”
He pointed out early voting was a concept that didn’t exist in most states until about a decade ago, yet federal judges are now ruling that states violate the Constitution and the 1965 Voting Rights Act if they reduce their early voting periods.
“How do we allow this to stand for even one day when we have the authority to simply say the courts do not have jurisdiction over this issue?” Horowitz asked.
Horowitz lamented conservatives’ unwillingness to embrace drastic but necessary measures to save the American republic. Just as many rejected Levin’s suggestions in “The Liberty Amendments,” some have already rejected Horowitz’s suggestions in “Stolen Sovereignty.”
“This is not something foreign,” Horowitz reasoned. “We’re talking about pursuing constitutional remedies to combat unconstitutional coups throughout our government that the left has perpetrated for a hundred years, and our side says no to everything.”
Again, Horowitz warned simply appointing more conservative judges has been tried before, and it has failed to fix the systemic problems in the court system. In fact, he said having Congress restrict the courts’ jurisdiction is the one variable Americans have not yet explored. He recommends Congress at minimum strip the courts of jurisdiction over issues of sovereignty, most notably immigration.
Such a move would do far more than 10 to 12 years of Republican governance, Horowitz assured Levin’s audience.
“We need to do something now, and this notion that we’re going to continue banging our heads against the wall and just say, ‘Appoint better judges,’ this system is so flawed,” Horowitz insisted. “When we have this erroneous notion and we give in to the premise that the courts are not just a coequal branch to engage in judicial review, but they are above, they are the sole and final arbiter of every single important question of our time, we’ve lost our system of governance. It doesn’t matter; it doesn’t matter who wins the elections. I guarantee you – pick your favorite policy, why you want a Republican governor or president – that policy will be thrown out.”
Copyright 2016 WND
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