Thanks to unelected judges becoming the sole and final arbiter of our “ever evolving” Constitution, we have learned many things this year about that sacred document as it relates to elections. Evidently, there is a constitutional right to 20 days for early voting, ballot harvesting, an unlimited number of polling places in urban areas, same-day registration, an option for straight-ticket voting, non-citizen voting, voting without photo ID, dead voters remaining on the voter rolls, and the ability of one political party to maximize its electoral advantage through black voters. And somehow, all of these “legal” arguments benefit the political agenda and electoral viability of just one political party.
Now we learn from a federal judge in Michigan that there is a constitutional right to commence any recount immediately upon request without waiting two business days to assemble the resources. Late Sunday night, Judge Mark Goldsmith of the Eastern District of Michigan granted Green Party presidential candidate Jill Stein’s request for an immediate recount of the state’s presidential election results. He nullified the state’s law which requires a two business day waiting period upon request to commence the recount. “The fundamental right invoked by plaintiffs — the right to vote, and to have that vote conducted fairly and counted accurately — is the bedrock of our nation,” wrote Judge Goldsmith in a rushed opinion based on his living and breathing Constitution.
The Detroit Free Press explains the consequences of the two-day waiting period as follows:
But Goldsmith heard arguments that the delay of two business days is necessary to allow for court review. He also heard arguments that there is a chance Michigan can finish the recount in a timely manner even if it doesn’t start until Wednesday morning. And he was told that because Michigan has already certified its electors for Trump, and Gov. Rick Snyder has sent that certification to Congress, there is no risk of Michigan’s electoral votes not being counted, unless the recount changes the outcome of the Michigan election.
Goldsmith asked Brewer to explain what the harm is in waiting until Wednesday, especially after Brewer conceded that the recount could still be completed by Dec.13 if started Wednesday, though it would take more money and resources.
Yet, Goldsmith, a federal judge who should have no jurisdiction over plenary state election law, felt it was his right and duty to nullify this common sense law. He then legislated from the bench — quite literally — forcing the state to “assemble necessary staff to work sufficient hours” to get the recount done on time.
You read that right, a federal judge nullified state election law and ordered the state to appropriate new funds for a recount that is not required by the state — all on behalf of the fourth-place finisher who should not have standing in federal court as an aggrieved party.
This case should have been decided by the elected Michigan state court system, but liberals have an ingenious racket set up to codify all of their electoral and political goals into the federal Constitution. Everything is a violation of the Fourteenth Amendment in their book, thus every case automatically goes to the unelected federal courts. Anyone is able to get standing to bring suit, and the undefined contours of this amendment written in invisible ink allow them to render any decision they see fit.
The federal judiciary is crushing [Republican-only] states to the point in which they can no longer exercise their plenary power [Art. I, §4, cl. 1] over elections. This case comes as the Supreme Court hears oral arguments on a pair of redistricting cases in North Carolina and Virginia, in which federal judges within the Fourth Circuit are boxing in states to adopt the Democrat racial gerrymanders in order to maximize liberal electoral maps and nullify the will of the people.
States, whose powers were to be “numerous and indefinite,” extending “to all the objects which” concern “the internal order, improvement, and prosperity of the State,” have been stripped of all their power except when it comes to illegitimately undermining federal immigration law.
Folks, this has got to end. It’s time for Congress to step in and strip the federal judiciary — at least the lower courts — of any jurisdiction over election law and transform that power to state judiciaries. Judicial supremacy/exclusivity + one directional stare decisis + unelected life tenures + living and breathing Constitution = an equation of tyranny King George himself never envisioned.
Congress can easily use one of its many constitutional tools to rein in the courts and punish wayward judges and circuits. Even if establishment Republicans don’t care about the federal judiciary’s assault on our values and national sovereignty, they better start caring about the assault on Republican electoral victories. It shakes the foundation of theirpower as well. The legal community has learned how to pick our natural lock on state legislative power by having the federal courts emasculate the power of state legislatures — the body closest to the people. And, with no substantial power anywhere else in government, Democrats will make the courts their last refuge to undo the GOP advantage in state government and election law. Remember, as this case demonstrates, even if Republicans successfully pack the lower courts for four years, liberals will always be able to shop a case around to a far-left panel such as the Eastern District of Michigan.
Why should we tolerate this constitutional crisis for even another day?
With all the talk about tax reform, regulatory reform, and health care reform, conservatives must remember that none of that will matter if we fail to enact judicial reform. Otherwise, we won’t be able to win elections and implement any reforms.
Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.