We live in tough times. Attacks from radical Islamic terror are becoming a weekly occurrence, the progressive PC agenda is successfully eating away at property rights and religious liberty and the courts are siding with them, and we’re seeing the devastating effect of a movement committed to implementing suicidal immigration reform. It’s important to return to our roots as a country so that we don’t get sucked into the latest political fads that change with the wind. This is one of the primary reasons I wrote “Stolen Sovereignty,” released last month, to keep the focus on some of the most systemic issues that conservatives must address within the next few years – whatever that political vehicle for promoting those reforms may be. We must stop this societal transformation without representation, which has rendered elections moot.
I’ve been honored by the feedback on my book over the past few weeks. I appreciate all of the interests so many have shown from my various articles and radio show hits promoting sovereignty, judicial reform, religious liberty, property rights, and true immigration reform.
If nothing is done to place the keys of immigration back in the hands of the citizenry, we will be disenfranchised by a permanent majority with political values that are antithetical to our founding.
Here is a quick summary of some of the major takeaways from “Stolen Sovereignty:”
The federal judiciary is irremediably broken – The era of merely groaning about liberal judges and promising to appoint better justices is over. The focus on retaining the current system, albeit with a push for more “conservative” judges, has failed miserably for decades. And as I demonstrate throughout the book, the contemporary judicial system has deviated so far from its founding vision, in conjunction with numerous other factors, such as one-directional stare decisis and the legal ratchet theory, that the damage of the judiciary has become irreversible. It can and only will get worse over time as we face a judicial time bomb in the coming years based on existing “precedent” from the past few years and the torrent of Obama-appointed judges deciding those cases. These people ain’t your grandfather’s judicial activists. Together with an army of left-wing lawyers who have the ability to encumber every common sense conservative initiative in court, there is no way to win the judiciary game as it is currently constituted. It’s time we stop drinking coffee with a fork and actually strike out at the source of the problem.
Courts won’t strike down the few laws that are manifestly against the Constitution: Chapter 2 provides a full takedown of the two major Obamacare cases, demonstrating that the same judges who overturn every common sense state and federal law deeply rooted in our history, tradition, and Constitution, have no problem upholding a law that is manifestly against the entire concept of enumerated powers. Hence, not only have courts erroneously become the final arbiters of the Constitution, their blueprint for rendering those edicts is not the Constitution as adopted by our framers but an outcome-based model of jurisprudence reflecting the prevailing political views of the contemporary legal profession.
The religious liberty crisis: Chapter 3 of the book contains what I hope to be the most comprehensive takedown of the marriage decision (Obergefell v. Hodges) from a legal and philosophical standpoint. I prove incontrovertibly that the decision is completely lawless and void and that unless Congress strips the judiciary of jurisdiction over marriage and religious liberty, there will be no conscience or private property rights left in this country. There is a need for civil rights-style legislation protecting private businesses and institutions from the assault on religious freedom. Otherwise, states will just have to stand their ground on their own.
The power of Congress over sovereignty: Chapter 4 showcases 100 years of case law proving categorically that the people, through their elected representatives, have full power over immigration policy and questions of sovereignty. Nobody has a right to immigrate or remain in the country against the will of the people if the individual is not a citizen. Congress can exclude or deport any class of people [non-citizens] for any reason – whether it’s dumb or prudent; discriminatory or fair so long as they have not obtained U.S. citizenship.
Illegal aliens are not entitled to birthright citizenship: Through endless case law and dissecting of the ratification of the 14th amendment, I give the definitive legal case against birthright citizenship for children of illegal aliens and the prevailing policy of counting illegal aliens in the Census, two practices that are disenfranchising the citizens and stealing our sovereignty.
What did our Founders think about immigration? The Left is always patronizing conservatives about our “values” in defense of open borders. In fact, our true history, values and traditions on immigration have been bastardized. I dedicate an entire chapter to establishing the legal and policy ethos of our Founders and early political leaders in both parties as it relates to immigration policy and sovereignty. The reader will come away armed with the facts showing how divorced our contemporary values on immigration are from our Founding. Until recently, and even through the 1965 Immigration Act, all political leaders embraced a policy of only admitting those who would share in our political values and absolutely never become a public charge, much less a threat to safety, public health, and national security. Another entire chapter is dedicated to the immigration views of our Founders and early political leaders that highlights the challenges we face today with sovereignty.
The existing immigration wave and trajectory is unprecedented: Chapter 7 is one of the most comprehensive breakdowns of our immigration trends demonstrating how they are completely at odds with our history and traditions and how the trajectory is growing even worse. I demonstrate all of the differences between this massive wave of immigration and the Great Wave of immigration from the turn of the 20th century. If nothing is done to place the keys of immigration back in the hands of the citizenry, we will be disenfranchised by a permanent majority with political values that are antithetical to our founding.
Disenfranchising the citizens through social transformation without representation: Chapter 8 discusses solutions for re-empowering the people in the realm of immigration as it relates to the systemic disenfranchisement of the citizenry through chain migration, refugee resettlement, unconditional birthright citizenship, counting illegals in the Census, dual citizenship, and non-citizens voting.
The coming judicial amnesty: Coming back to the issue of judicial tyranny, if nothing is done to reform the judiciary, they will completely take the issue of national sovereignty away from the people and grant judicial amnesty. The courts will invalidate all of the necessary measures needed to protect our sovereignty. They have already overturned 200 years of case law and granted standing to sue, substantive due process, and affirmative privileges to illegal aliens – even criminal aliens – with the ability to overturn every deportation. Now, much of the new case law is regarded as settled law, even by conservative judges. Together with religious liberty, immigration is the most important issue that must be addressed, but all of our efforts and the results of elections will be futile if the courts are not prevented from vetoing the will of the people, as expressed through republican representation.
Congress has the final say over the jurisdiction of the judiciary: In Chapter 9, the culmination of the book, I make the comprehensive legal, historical, and philosophical case for Congress to strip the jurisdiction of the courts over political and social issues and propose several ways of implementing judicial reform to rein in the power of the courts – all without the need to amend the Constitution. If we are to remain a representative democracy Congress must begin regulating and limiting the court’s jurisdiction over the most important policy questions; for example, abortion, marriage, religious liberty, immigration enforcement, criminal justice, and redistricting. Courts lack the power they have taken for themselves in recent years, but to the extent that has been accepted, Congress can and must use their Article III Section 2 power to regulate and exempt the appellate jurisdiction of the Supreme Court and its complete power over the lower courts to restore republicanism and federalism.
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Author: Daniel Horowitz
Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.