Federal judiciary declares war on N.C. elections yet again

· August 10, 2016  
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Burlingham | Shutterstock

Poor North Carolina, they just can’t get a break. As we’ve noted before, the Tar Heel State, which was reluctant to join the union in the first place, would have never ratified the Constitution had they known the federal courts would be allowed to retroactively amend that document and interfere in the state’s most basic powers.

The Fourth Circuit has already thrown out North Carolina’s voter ID law, mandated early voting and all sorts of voting anomalies, and forced transgenderism into the schools within the circuit’s jurisdiction. Now, the ACLU is taking the state to court over HB2, the law protecting private gender dressing rooms and is working to strike down a simple religious liberty bill, which allows magistrates to take their names off same-sex “marriage” licenses. Hence, the federal judiciary has become the final arbiter of all political and social issues in North Carolina, rendering the state’s elections moot. Worse, Republicans won’t even be able to win elections because, in conjunction with mandating fraudulent voting, the courts are redrawing their elections maps.

After nullifying North Carolina’s entire congressional map in the middle of an election, even after ballots had already been counted, the Fourth Circuit Court of appeals tossed out the Wake county school board districts last month.

Yes, federal courts are now getting involved in school board districts. Today, following the circuit court’s ruling, a federal district judge forced the state legislature to adopt the school board districts of Wake County from the 2011 map until they can redraw it after November. This is after candidates have already spent an enormous amount of time and money running in the districts drawn by the legislature [see more at A.P. Dillon’s North Carolina blog for the details of the county election map].

Federal courts absolutely do not have the power to throw out legislative maps. As I noted earlier this year, the only thing worse than a legislative gerrymander is a judicial gerrymander in middle of an election. The courts have illegally appointed themselves the final arbiter of redistricting and they are disenfranchising voters by not applying their rulings uniformly in every state. In my state of Maryland, home to the most gerrymandered district in the country at the hands of Democrats, somehow the map is still standing. It’s only Republican maps that are overturned.

Maryland U.S. District 3 | Wikimedia

This decision forced upon the district judge by the Fourth Circuit takes the judicial power grab a step further. Not only are the courts blowing up [only Republican] federal district maps, they are vitiating county election maps. And of course, they used the 14th Amendment to essentially invalidate any map that doesn’t fully maximize Democrat victory.

In reality, there is absolutely no constitutional dictate on the methods of drawing state legislative districts, much less local county districts. States have plenary power of this area of law, and any lawsuit against a state election map should only be brought in state court. Although there are plenty of bad state judges, most of them stand for election in some form, unlike their federal counterparts. The North Carolina state supreme court upheld the map drawn by Republicans.

As Justice Clarence Thomas said in a recent case:

[T]here is no single “correct” method of apportioning state legislatures. And the Constitution did not make this Court “a centralized politburo appointed for life to dictate to the provinces the ‘correct’ theories of democratic repre­sentation, [or] the ‘best’ electoral systems for securing truly ‘representative’ government. [Evenwel v. Abbott, 578 U. S. ____ (2016), slip. op at 18 (Thomas, J., concurring)]

I’ve never been more confident in the thesis of my book that Congress must reassert control over the federal courts [order your copy of Stolen Sovereignty here]. Just since the release of the book two weeks ago, federal courts have mandated funding for Planned Parenthooddestroyed religious liberty in Mississippicodified transgenderism into law in several cases, forced states to give birth certificates to illegal aliens, and tossed out the most basic voter integrity laws.

The people and the states are being crushed by the unelected branch of the federal government, which was supposed to be the weakest branch with “neither force nor will” over broadly consequential public policy issues. We no longer have a republic. Madison defined republican government in Federalist #39 as a “government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior.”

What we have today is the antithesis of governance by the consent of the governed. We have an unelected body that serves for life and is wrongly vested with the power to redefine the Constitution and natural law itself.

If Congress declines to exercise its Article III Sec. II powers to define the jurisdiction of the federal courts, not only will elections be rendered moot by the eminent council of revision, we won’t even be able to win an election because the courts will codify Democrat methods, maps, and procedures for elections into the Constitution.


 

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Author: Daniel Horowitz

Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.