“[T]he candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, … the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.”
~ Abraham Lincoln, First inaugural address
The contemporary federal court system is a raging dumpster fire that poses the biggest threat to our representative democracy, society, and sovereignty since our nation’s founding. Yet, we lack a political party that is willing to finally strip the judiciary down to its original function — interpreting the law, not reinterpreting the Constitution and even remaking marriage and gender from the bench. By understanding the true and irreversible threat of the courts to our personal liberty, popular sovereignty, and society, it will become clear that the question of whether to vote for Trump or Hillary is really irrelevant and a non-sequitur in the battle we must fight.
The Left has transformed our society and system of governance, particularly through the courts, in a way not even our grandparents’ generation could have ever envisioned. Yet, like frogs in slow boiling water, we become desensitized to the radically pernicious transformation around us. The more it succeeds and is unchallenged by a genuine alternative party, the more it becomes legitimized and is viewed as the default position in our society.
Nowhere is this more evident than with the nexus of judicial tyranny, marriage, religious liberty and transgenderism. It’s time we wake up and smell the stench of judicial tyranny and finally become inspired to act, even as we lack a political party that cares about the destruction of the civil society, federalism, and representative democracy.
Worse than Redefining Marriage, Gender, and Criminalizing Religion?
Over the weekend, Alabama Chief Justice Roy Moore was “suspended” for opposing Anthony Kennedy’s royal edict redefining the building block of all civilization from the bench. Sadly, even most conservatives will continue to legitimize the lawless federal courts and mindlessly chant, “You must obey the court’s decision.” As I lay out in chapter three of my upcoming book, the gay marriage decision flips every word of the Constitution on its head and wields not one iota of legal legitimacy. This has nothing to do with one’s personal view on the underlying policy of marriage licenses. If federal courts now have jurisdiction over something that has been a state institution since the time the Constitution was adopted in 1789 and the Fourteenth Amendment was ratified in 1868, that means there is no limit to their power. It also means that the state and Congress mean nothing and we must submit to a judicial oligarchy.
I was inspired to write my book, “Stolen Sovereignty: How to Stop Unelected Judges from Transforming America,” because of the events of September 3, 2015. On that day, for the first time in history, a GOP-appointed judge threw a Christian in jail for upholding Kentucky law and peacefully abstaining from signing a gay marriage license. On the same day, the Ninth Circuit Court of Appeals invalidated the deportation of a dangerous criminal alien by applying international law and asserting that the individual was transgender, all the while berating ICE officials for not using the proper pronoun.
We have hit rock bottom, indeed.
At some point, it just doesn’t matter anymore. Fifty years of built up anti-constitutional jurisprudence and hopelessly corrupt contorting of the Fourteenth Amendment have made the judiciary unsalvageable. We are now incurring a worse degree of social transformation than any of us imagined when we were warned of the need to keep electing Republicans a decade ago. We elected Republicans and are now at the point when not only has marriage been redefined but the Fourth Circuit has redefined gender itself.
The threat leveled at conservatives — that we must support the GOP nominee in order to “save” the courts — is laughable. It can’t get much worse. In fact, it’s better Hillary appoint three more justices so that the dumpster fire of the judiciary becomes self-evident enough to rally us all around the systemic judicial reforms that must take place.
The Republican Party at every level refuses to stand up to the judiciary and fight for religious liberty — the civil right of our time. This was true long before the rise of Donald Trump. It’s just that Trump is no better than the rest of them, given his support of Obama’s transgender agenda, the broader corporate homo-fascism, and the judicial role of marriage and religious liberty in our society. He fully supported Judge Bunning’s vile and lawless order to imprison Kim Davis for following Kentucky’s plenary power to define marriage.
What if Hillary Remakes the Court?
Whether one ultimately votes for Trump or not is less important than the realization that either way we have lost our society to the courts and the recognition that the courts are broken and must be stripped down to size. As I will demonstrate in my book, this is true for a number of reasons. Here are just a couple:
Vote for Trump to “stop Hillary” if your heart so desires, but just remember that things will have to get worse before they get better. And at some point, we need to begin working on long-term reforms — starting a new party, pushing civil rights for religious liberty, stripping the court’s stolen jurisdiction, convening Conventions of the States to safeguard liberty. With every single RINO winning down the ballot for state and federal positions, together with Trump as the party’s nominee, nothing will change to stop the inexorable march towards a pagan theocracy, which legislates immorality and violation of property rights from the bench.
“But what if the Democrat wins?” is no longer a hypothetical question. We are already living through those consequences precisely because we’ve been too scared to act boldly and focus on long-term reforms, lest we risk defeat of the fake opposition party. And if we continue to fear the prospect of Democrat victory in the short run more than the lack of a conservative party, or even conservative movement, to combat the tyranny in the long-run, we will perpetuate this failed cycle and will have nobody to blame but ourselves.
Editor’s Note: A previous version of this article incorrectly referred to Alabama Chief Justice Roy Moore as “Ray Moore.”
Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.