WND EXCLUSIVE

'IT'S TIME TO TELL THE JUDICIARY TO GO TO HELL'

Author reveals recipe for fixing federal courts without constitutional amendment

Paul Bremmer

Are you a conservative worried about losing the federal courts if Hillary Clinton is elected president?

Don’t waste your tears at this point, says Conservative Review senior editor Daniel Horowitz, the courts are already gone.

“This is like a wind-up toy: every four years, Republicans dangle in front of us, ‘Hey, you gotta vote for us, otherwise we’ll lose the courts,'” Horowitz said during a recent appearance on The Tom Roten Morning Show.

“I’m here to tell you we’ve lost the courts. They’re gone, gone, gone. We do need a Republican Congress and administration, but for the purposes of stripping the courts of that power, giving it back to Congress and the state legislatures.”

Horowitz pointed out things have gotten so bad conservatives couldn’t even get a simple voter ID law past the Fifth Circuit Court of Appeals, regarded as one of the least liberal circuits. Ten of the 15 judges on the Fifth Circuit were appointed by Republican presidents.

However, only four of the 13 circuit courts in the country currently have a majority of Republican appointees sitting on the bench.

Many conservatives believe all they need to do is elect a Republican president who will appoint conservative judges to the federal courts, but Horowitz noted it would take many consecutive years of Republican presidents hitting the mark on their judicial appointments to finally turn the courts in a more conservative direction.

By that point, it may be too late. Horowitz noted the courts have been moving quickly in recent years: they have mandated states fund Planned Parenthood, mangled state religious liberty laws, made transgender people a protected class, forced states to give birth certificates to illegal aliens and tossed out basic voter integrity laws.

This all adds up to what Horowitz terms “societal transformation without representation,” which is the thesis of his new book “Stolen Sovereignty: How to Stop Unelected Judges From Transforming America.”

Horowitz said the late Justice Antonin Scalia was correct when he predicted the theory of a “living Constitution” would destroy the country and the federal courts. In Horowitz’s view, when judges usurp power that doesn’t belong to them and they believe in a “living Constitution,” it creates a toxic mixture.

“It would be bad enough if they had that power and they, in good faith, attempted to interpret the Constitution as originally adopted,” Horowitz said. “But … it’s worse than that. We’ve given them the power of the sole and final arbiter, but at the same time, they believe the Constitution is unconstitutional. What’s in it is taken out, what’s out is put in.”

He noted the practice of early voting was not widespread until recently, yet the Fourth U.S. Circuit Court of Appeals just overturned North Carolina’s attempt to shorten the early voting period, claiming the state intended to discriminate against racial minorities. The court also tossed out North Carolina’s voter ID law and laws limiting same-day registration, out-of-precinct voting and preregistration

“They basically say that any method or procedure that the Democrats concoct that will indicate there’ll be more black turnout, you have to adopt it, and if you don’t they’ll force it,” Horowitz explained.

Who REALLY rules America? Stand up against the unelected tyrants in black. Find out how in “Stolen Sovereignty: How to Stop Unelected Judges From Transforming America.” Available now at the WND Superstore!

So not only are the courts becoming the sole and final arbiter of most important policy questions, thereby rendering elections moot, but they are preventing Republicans from winning elections by forcing states to adopt election laws that naturally favor Democrats.

“This is worse than King George!” Horowitz exclaimed. “He didn’t have this power – I mean, he didn’t get involved in the methods and procedures of elections for the colonial legislatures at all. They were fighting taxation without representation; we’re fighting social transformation without representation.”

Horowitz said the circuit court’s rulings on North Carolina’s election laws are emblematic of a larger problem – federal courts are crushing the states, essentially forbidding them from governing themselves.

“At some point the states have got to just say ‘No,'” he insisted. “See, we’re winning in the states. We have 32 governors, we control the trifecta of governance, two branches of the legislature and a governor, in 24 states. We have the potential to even grow from there. But we don’t benefit from it because the feds are crushing us.”

Horowitz said state legislatures have become a joke, with liberal special interest groups able to vault over their heads with help from the federal courts.

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“We need to return state legislatures to the power they had at the founding, the power they were supposed to have, and it at least starts with getting the unelected branch of the federal government out of our hair,” he said. “It’s time to tell the judiciary to go to hell.”

In order to do that, we don’t need a constitutional amendment, according to Horowitz. In fact, the idea that conservatives are the ones who need to change the Constitution is completely wrongheaded.

“Why should we have to amend it?” Horowitz asked. “[The courts] are the ones illegally amending it.”

He said the answer already lies in the Constitution – Article III, Section 2 to be exact. That section allows Congress to restrict the jurisdiction of the federal courts. So rather than a Republican president or a constitutional amendment, a congressional statute is all that’s necessary to put the brakes on judicial tyranny.

“I’m not saying not to vote for Trump, I’m not saying it’s not important to appoint better judges, but we don’t need a Republican president to merely appoint better judges,” the author said. “We need a Republican president to sign legislation stripping the courts of this power they don’t have to begin with.”

Horowitz ended with a call to action:

“We don’t have to sit and take this social transformation anymore. This is our country, this is our Constitution; they have no right to change it, and let’s go back to our first roots, our first principles. Let’s take back our country from the unelected judges.”

Who REALLY rules America? Stand up against the unelected tyrants in black. Find out how in “Stolen Sovereignty: How to Stop Unelected Judges From Transforming America.” Available now at the WND Superstore!

Read more at http://www.wnd.com/2016/08/its-time-to-tell-the-judiciary-to-go-to-hell/#1BUJhEVYeGQ9m58E.99