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theodore M I R A L D I mpa ... editor, publisher, writer
Saturday, May 20, 2017
American REVOLUTION 'POINTLESS' Because JUDGES Now RULE
Stolen Sovereignty. How America lost self-
Americans have already lost their right to self-government. Every issue of importance is decided by unelected judges. And while the Republican majority and President Trump seem without power, the country is gripped in nothing less than a “foundational crisis.”
That’s the charge of Daniel Horowitz, author of “Stolen Sovereignty,” who outlined the existential stakes facing the American people in an interview with Stefan Molyneux.
“The most foundational constitutional crisis I identified is the judicial crisis,” said Horowitz. “None of our government operates the way it was intended to operate. That’s for sure … But the single biggest crisis we have is judicial supremacy, the notion that the unelected branch of government, which has lifetime appointments, there’s nothing you can do, very closed, archaic profession, that they are the sole and final arbiter of every social and political issue. That in itself is a coup King George never thought of. That’s nuts.”
Horowitz points out in his book judicial rule raises a fundamental question.
“What … was the point of the American Revolution if unelected judges are making massive changes to society?” asked Molyneux. “No social transformation without representation. It cracks the question for a lot of people. When we look at immigration and demographics and Third World cultures pouring into the West, nobody asked for this! People opposed it! How did it come about?”
Horowitz argued the book was ahead of its time when it was released. America now has a president who has actually shown some willingness to enforce America’s immigration laws, yet remarkably, the courts are simply nullifying existing laws based on the whims of judges, in violation of centuries of judicial precedent.
And the worst, predicted Horowitz, is yet to come, when courts implement what he believes is the “final frontier in social transformation without representation.”
“They’ve redefined marriage, they’re now redefining sexuality, what they’re going to do is take all the … rights they’ve created for the protected classes of Americans and they’re going to copy and paste those to 7.2 billion people in the world and create an affirmative right to immigrate. They just did exactly that. And not just the Supreme Court! Even puny district court judges are regarded as the sole and final arbiter, over the president, the Congress, longstanding statute, 200 years of settled case law where the courts themselves said they have no provenance in immigration.”
However, the legal struggles that have consumed the Trump administration at least have one beneficial effect. Americans are beginning to notice they no longer truly govern themselves.
“People appreciate it now, like with the ‘deep state,'” said Horowitz. “People can begin to appreciate that elections don’t mean anything. A lot of people say, ‘Well, Daniel, we’re not a democracy, we’re a republic.’ Of course. But as Madison said, what does a republic mean? The people always have the decisions at arm’s length. The power always gets back to the people. They are the source.”
In contrast, today, when it comes to the most important social issues, the American people have virtually no input whatsoever. Even their elected officials have seemingly no power. And the most important issue of all, according to Horowitz, is mass immigration.
“What is the most important issue a country will ever deal with?” asked Horowitz. “In my mind, it’s the future orientation of that country, [who will be] the future voting population of that country that will determine every other issue. … I think many of us would say that if you didn’t have California becoming what it did, going from the breadbasket of Republican voters in Orange County in Ronald Reagan’s time to now, Orange County in California having 40 percent of the entire population speaking a language other than English at home. Again, no one voted for that. That was done primarily by bureaucrats not following statute. And now, you have the courts doing that.
“Being that immigration is the most important, that absolutely more than anything else must be held at arm’s length from the people. Sovereignty has to be up to the people. We have to decide who we want to let in and who we don’t. … [Otherwise,] we have no control over our country.”
Unfortunately, Horowitz believes America has already all but reached that point. The legal profession is in a “crisis mode,” he said, and worst of all, the process of social transformation being driven by the courts is only moving in one direction. Even the very pretenses of constitutionalism or the rule of law are being openly defied.
“They have reached such a point where it’s a one-way street. It’s a dead end for conservatives, and [judges] will literally give what’s a federal power to the states, what’s a state power they will give to the feds, and then contradict themselves on the same issue depending what outcome is the ‘right thing’’for whoever,” he said.
“If it’s for blacks, Hispanics, illegal immigrants, the means justify the ends. An inalienable right they will read out. What’s antithetical to that they will read in. It is a complete circus.”
Horowitz borrowed the term “legal fog” from the late Justice Antonin Scalia to describe how this kind of shallow legal reasoning gradually builds on itself until the radical left can essentially mandate whatever policy ends it wants.
“It basically means, ‘This is not who we are, these are not our values,'” Horowitz said, mocking the left’s propensity to simply declare its own moral superiority over other Americans.
“And the thing is, they’re able to build up over the years a bunch of legal fog and then draw upon it, and you can never go backwards but only add. It’s a ratchet, a legal ratchet. And this is why this whole idea of, oh, we should just appoint better judges – dude, that ship sailed 50 years ago.”
Horowitz is skeptical the Republican Party is capable of meaningful action on the issue, or indeed, on much of anything else. But he said the Constitution does provide ways to solve the problem of judicial supremacy, if conservatives can find the courage to use them.
“The single biggest thing is understanding the power of Congress over the courts,” said Horowitz. “It boggles the mind that this is the single biggest silver bullet and it doesn’t even get an airing. It’s straight out of the Constitution. We need a revolution. But at least, let’s try everything that’s written in the Constitution! Let’s use our constitutional tools! It amazes me we have an entire generation of Americans that think the courts are the sole and final arbiter. They’re not. Everything they’ve done is wrong.
“Even with this system, there is a remedy to take back jurisdiction. Article III, Section 2 of the U.S. Constitution, the entire jurisdiction of the courts are the subject matter. The Supreme Court, much less the lower courts, which are a creation of Congress, are subject to exceptions and regulations that Congress should make.”
Horowitz maintains Congress has the power, right now, to simply strip the courts of jurisdiction over major societal issues, including marriage, religious liberty and immigration. If the Republican majority doesn’t take this step, he warned, Congress will never be able to move on any of these issues.
“When I wrote this book, it was a warning; now you see what happened,” he said. “You can see now, you will never get anywhere unless you do judicial reform.”