“Freedom is the right to question, and change the established way of doing things. It is the continuing revolution of the marketplace. It is the understanding that allows us to recognize shortcomings and seek solutions. It is the right to put forth an idea, scoffed at by the experts, and watch it catch fire among the people. It is the right to stick – to dream – to follow your dream, or stick to your conscience, even if you’re the only one in a sea of doubters.”
Ronald Reagan, 1988.
This week, everyone is transfixed on the RNC and its effect on the presidential election. The outcome of this election, however, is meaningless if nothing is done about the judiciary and our stolen sovereignty. It is in this context that I’m proud to announce the release of my book: Stolen Sovereignty: How to Stop Unelected Judges from Transforming America.
We are confronted as a nation and a civil society with a form of despotism that is more odious than what our founders faced during the Revolutionary War. Whereas they were combating taxation without representation; we are under attack from the most unimaginable and extreme forms of social transformation without representation. Between endless waves of illegal and legal immigration from the Third World, the contortion of our fundamental rights, the redefinition of marriage and sexuality and its consequences for true fundamental liberties and property rights – our country, society, and system of governance are unrecognizable. Most tragically, this transformation has been primarily catalyzed not by the elected branches of government but by the unelected branches – with the federal judiciary leading the way.
Thus, not only has our Constitution been ruled unconstitutional, not only has our society been transformed, but it has been done without the legitimate consent of the people. Thanks to the courts and unelected bureaucrats, we no longer have individual sovereignty to decide the most basic social and political questions through our elected branches of government. Worse, we no longer have national sovereignty because the most important social question of all – the future membership and orientation of the society itself – has been stripped from the people and placed in the hands of the courts, executive agencies – and in the case of refugee resettlement – in the hands of private contractors and U.N. officials.
It was the convergence of several seemingly disparate events and observations from June through September of last year that spawned me to write this book and champion the cause of individual and national sovereignty. Taken together, these observations demonstrate that our system of governance is broken in the most foundational ways imaginable. That the concepts of fundamental rights have been flipped on their head. That this grotesque coup is being led by the unelected judges and the legal profession. That taken together with our lawless immigration policies and contemporary legal opinions towards national sovereignty, the citizenry of this country has been completely disenfranchised and denuded of the power to determine their own future. Our sovereignty, security, society and system of governance has been bastardized beyond the worst nightmares of even the most skeptical Founders.
In June of last year, the federal judiciary redefined marriage, the building block of all civilization. This catastrophe –which elevated homosexuality to a national religion, subverted fundamental rights, eradicated federalism and altered the relationship between the civil society and government, – elicited no meaningful reaction from the flagging conservative movement. Then, after scores of individuals were fined for not servicing gay ceremonies with their own private property, there was September 3. On that day, Kim Davis was thrown in jail for merely upholding Kentucky law and peacefully declining to lend her signature to a same-sex wedding ceremony.
But while the courts infringe upon the inalienable rights of American citizens, they are now granting citizen rights to illegal aliens. On that same day in September, the Ninth Circuit Court of Appeals invalidated the deportation of a criminal alien, asserting that the individual was transgender, and applied international law in claiming the man would be tortured if repatriated to Mexico. The judge also chastised the immigration officials for not using the “correct” pronoun when referring to this criminal alien.
Thus, on the very same day, the sovereignty and security of the nation was violated, the Constitution was supplanted for international law, and the peaceful adherence to state law and religious liberty –deeply rooted in our nation’s history and tradition – were criminalized. At the same time, transgenderism was codified into law and policy and homosexual marriage was prioritized over religious liberty. All at the hands of the unelected branch of government.
That was my “Houston, we’ve got a problem” moment in which I realized that we have surpassed the Gomorrah of judicial tyranny that even conservative leaders of the past generation warned about. The courts have become the final arbiter of every political and social question and are remaking America and redefining our Constitution in the most perverse way imaginable. The common thread between all of these events that stuck out in my mind was Justice Scalia’s observation in the Obergefell decision – that we were entrapped by social transformation without representation.
Concomitantly, I began observing a long train of abuses and usurpations at the lower courts in which I refer to in the book as “the final frontier of judicial tyranny”; and that is sovereignty itself. The lower courts have been gradually granting illegal immigrants rights that don’t exist at the expense of the safety, security and society of the citizenry. Simultaneously, there was a national debate over two immigration issues in particular that exposed the most explicit violation of sovereignty: 1) whether a nation can stop illegal immigrants from obtaining citizenship for their children against the consent of the people and 2) whether a nation has the right to exclude any class of immigrants, given the problems with radical Islamists coming from the Middle East.
I was shocked at how legal “scholars” in both parties universally believed there is an affirmative right to immigrate and that the society through its elected representatives has no ability to block them from coming here and unilaterally asserting jurisdiction on behalf of their children. It was at this point I realized that even if we elect constitutionalists to the political branches of government to deal with immigration, the courts will simply invalidate every common sense measure.
My hope is that Stolen Sovereignty will provide the intellectual foundation for addressing these terminal illnesses within our rotting constitutional republic and serve as the blue print to prioritize the most important short terms solutions that can pull us back from the brink. Most importantly, it’s time for the political class to understand that Congress has complete control over the lower courts and the appellate jurisdiction of the Supreme Court and must use that power to restore representative democracy. I encourage everyone to read the extensive endnotes which provide useful resources for further exploring the historical and contemporary information cited in the book. I was also blessed to have the support of Conservative Review’s Editor-in-Chief – The Great One. Mark Levin generously lent his prestige to this book by writing the Forward.
Come join me in looking beyond just this election season and actually addressing the root of our problem: stolen sovereignty on an individual, state and national level. Let us rally around the words of one of the early Supreme Court justices, Joseph Story, who respected the Constitution as it was written and understood the proper role of the judiciary relative to the sovereignty of the people:
Let us never forget, that our constitutions of government are solemn instruments, addressed to the common sense of the people and designed to fix, and perpetuate their rights and their liberties. They are not to be frittered away to please the demagogues of the day. They are not to be violated to gratify the ambition of political leaders. They are to speak in the same voice now, and forever. They are of no man’s private interpretation. They are ordained by the will of the people; and can be changed only by the sovereign command of the people.
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Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.