America In Death Struggle With Out-Of-Control Leftist Judiciary, by Martin Witkerk.
American Conservatives have been bemoaning judicial activism since at least the 1950s, but the problem is getting worse. Today, courts mandate the release of criminal aliens into our communities even as they jail peaceful Christians for refusing to play along with “gay marriage.”
Yet cowardly Conservatism Inc. apparatchiks still refuse to confront judicial tyranny, fearing negative consequences that might flow from “extreme measures,” and content themselves by vainly hoping future Republicans will appoint more strict constitutionalists.
In his new book “Stolen Sovereignty: How to Stop Unelected Judges from Transforming America,” Conservative Review’s Daniel E. Horowitz … urges his fellow conservatives to abandon such vain hopes and gird up their loins for a death struggle against the out-of-control judiciary.
Horowitz points out that recent court decisions represent a new level of judicial imperialism that would have made Earl Warren blush.
- In its gay marriage decree, the Supreme Court mandated a social revolution in the name of a concept not only utterly absent from the Constitution, but non-existent until a generation ago.
- In failing to strike down Obamacare, the Supreme court endorsed government compulsion on Americans to buy a private product, viz., health insurance. As Horowitz points out, this amounts to granting the government power to regulate not merely citizens’ actions but even their non-action ….
- By upholding the individual mandate as a function of Congress’s power to levy taxes, Justice Roberts in effect rewrote Obamacare from the bench, setting a precedent for the courts to act as a kind of super-legislature. …
Such wrongs cannot be righted simply by electing more Republicans to office. As Horowitz points out, the GOP bats about .500 at appointing “strict constructionists,” whereas Democrats have a close-to-perfect record of appointing post-constitutionalist judicial Supremacists. …
In just eight years, Obama managed to replace 40 percent of the federal judiciary. We will be stuck with many of these characters for a long time to come. It is too late to play catch up.
Judges now abandon consistency in favor of a left wing agenda:
Horowitz is particularly acerbic about conservatives who cling to the illusion that their enemies care about consistency. The same courts that think the government can force citizens to buy insurance do not believe the government is authorized to deny citizenship to the children of illegal aliens. The same courts which grant standing to legal standing to foreign governments and illegal aliens refuse such standing to Immigration and Customs Enforcement personnel and elected American sheriffs.
In a word, American courts have no legally consistent jurisprudence at all. As Horowitz says, they are only consistent in “[S]iding with the preferred left-wing political outcome and backfilling it with incomprehensible and appallingly hypocritical legal analysis. When its suits their preferred outcome, they will side with the states over the federal government and vice-versa, even when the legal rationale is internally conflicting.”
