WND EXCLUSIVE
HERE'S WHY DEMOCRATS GET THEIR WAY SO OFTEN
Author warns: 'Unless you reform the courts, winning elections doesn't matter'
Paul Bremmer
Americans voted for change last Nov. 8. They voted for a man who promised to crack down on illegal immigration, halt the refugee influx and protect the country from terrorist infiltration. But when Donald Trump tried to do those things, he found his path blocked by federal judges.
One could forgive Trump voters for wondering whether their votes truly counted in the end.
“I think the first few months of the Trump administration has really proven the thesis of my book (“Stolen Sovereignty: How to Stop Unelected Judges From Transforming America”), that unless you reform the courts, winning elections doesn’t matter,” said conservative scholar Daniel Horowitz in an appearance on “Frances & Friends.”
“Over the last few months, it’s become more clear to people that they voted for a certain outcome and it’s being nullified by these district judges.”
Soon after the implementation of Trump’s temporary ban on travelers from seven countries and all refugees, U.S. District Judge James Robart in Seattle blocked the order. When the Trump administration revised the ban, removing Iraq from the list of banned countries, U.S. District Judge Theodore Chuang in Maryland and U.S. District Judge Derrick Watson in Hawaii joined the forces arrayed against Trump.
After Trump signed an executive order seeking to withhold federal funding from sanctuary cities, which defy federal immigration law, U.S. District Judge William Orrick III in San Francisco blocked that order, too.
Three of those four judges owe their lifetime appointments to Barack Obama.
This is part of what Horowitz calls “social transformation without representation” – the phenomenon of unelected judges issuing nationwide rulings on foundational issues, such as immigration, that the framers of the U.S. Constitution meant to be decided by the elected branches of government.
And Horowitz, a senior editor at Conservative Review, has noticed this judge-led social transformation tends always to lead the country to the left politically.
“What the Democrats have is a perfect racket now where they no longer need to push [their agenda],” Horowitz said. “Even when they lose, their legacy lives on in the courts, and that’s what you’re seeing now. Donald Trump won the election, but it’s meaningless. You can’t even enforce foundational immigration laws because even though the Democrats don’t have the power, they have the courts doing it.
“It’s almost like the left is cheating,” he added. “You know what I mean? You get around the election. … The left has found a scheme to place their policies on autopilot and even ratchet them up, even when they’re out of power. So that’s exactly the point: Pick your 10 favorite issues that you want dealt with, and I guarantee you every one of them will be nullified by the courts if we don’t reform the judiciary.”
Horowitz said too many Republicans have accepted the faulty premise that the courts are the sole and final arbiter of fundamental societal issues such as immigration and marriage. Many conservatives stress the need to elect Republican presidents who will appoint better judges, but Horowitz pointed out that has not worked well in the past. Robart of Seattle, who blocked Trump’s initial travel ban, was a George W. Bush appointee.
In Horowitz’s mind, America has crossed the point of no return; the courts are irremediably broken. He believes the only solution is to reform the judiciary by stripping the courts of the power they have usurped from the legislative and executive branches.
“We need to educate people to recognize that the courts do not have the power they’ve grabbed for themselves,” he said. “But even to the extent they grabbed that power, straight out in Article III, Section 2 [of the Constitution], there is an explicit remedy that shocks me it’s not talked about more. … It says Congress can make exceptions and regulations to the jurisdiction of the courts.”
Therefore, according to Horowitz, Congress could simply choose to strip the courts of jurisdiction over marriage, immigration or anything else. Then there would be no need to get three-fourths of the states to ratify any constitutional amendments to undo what unelected judges had done.
“A lot of people might say, ‘Oh, the courts redefined marriage. We need to go and amend the Constitution,'” he said. “No way! They illegally amended the Constitution. We don’t need to get 38 states. We could do this statutorily the same way we do health care, taxes; you could do judicial reform, take marriage, religious liberty and immigration away from the courts.”
Plenty of conservatives also argue the president needs to appoint more originalists to the Supreme Court, but that is also misguided, in Horowitz’s view.
“Everyone says we need originalists on the court, but we actually need originalists in Congress,” he insisted. “We need them to recognize, first of all, the proper definition of the Constitution. But also we need them to recognize their role – their role over regulating the courts. They regulate every aspect of the courts.”
Horowitz noted the Constitution gives Congress the power to control the jurisdiction of the Supreme Court, but it also gives Congress much more power over the lower courts.
“They not only control the subject matter jurisdiction, they control their entire structure,” he said. “The lower courts are a creation of Congress. Congress giveth, Congress taketh. They could take that back.”
Horowitz said judicial reform needs to be the No. 1 issue of our time because without it, judges can simply override any good that conservative elected officials try to accomplish.
“A lot of people say, ‘Oh, I’m pro-life, I want to vote for a pro-life member of Congress,'” he said. “But that’s meaningless if the member of Congress will not push judicial reform. You have states right now that are pushing to defund Planned Parenthood; the courts are saying that they have to fund that.”
Horowitz lamented that Republicans and conservatives have not shown much outrage over unelected judges’ efforts to transform society through their rulings. In fact, he said he often jokes that there is absolutely nothing a court can do that will elicit a reaction from Republican lawmakers.
“I mean, they could require two members of each family, in order to foster diversity, to get sex-change operations,” Horowitz posited. “Literally, the Republicans will get up there and say, ‘While I strongly disagree, it’s the law of the land.’ Everything the courts do is the ‘law of the land,’ even though the ‘law of the land’ is not the law of the land.”
Horowitz doesn’t think Republicans will fight back unless the courts meddle in an issue they truly care about. So he is hopeful as he sees the courts quietly starting to interfere in the redistricting process.
“The courts are throwing out every single Republican redistricting map – every one,” he revealed. “No Democrat maps, but every Republican map. That gets to the core of Republican power in the state legislatures, and I think if that reaches a feverish pitch, that’s when we’re going to see a tipping point.”
Horowitz warned the Christian “Frances & Friends” audience never to give in to the courts’ attempts to fundamentally redefine America.
“The only thing worse than the social transformation is for godly people with godly values to acquiesce to it and become content with it,” he cautioned.
http://www.wnd.com/2017/05/heres-why-democrats-get-their-way-so-often/
My comments: In addition to what Horowitz has said here, America has Surrendered Academia to the "Left;" Higher and Lower Education. America has No Future, before the Living God, as long as this remains the case.
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