Yesterday, the Arkansas Democrat Gazette reported that a man who 21 years ago held a mother of three at gunpoint while his friend killed her children in front of her is now eligible for resentencing.
Why? You guessed it… the courts.
In 2012, Justice Kagan, writing for the majority opinion in Miller v. Alabama, found that the Eighth Amendment precludes states, under most circumstances, from sentencing juvenile murderers to life imprisonment without parole. Evidently, almost all of our states since our founding, which issued such sentences to juveniles, including the death penalty itself, were unaware of this invisible ink in Kagan’s constitution.
Earlier this year, in Montgomery v. Louisiana, the Court took the unprecedented and appalling step of applying this constitutional rewrite in Miller retroactively to those already convicted of life imprisonment without parole as juveniles, thereby completely overturning state legislatures and state supreme courts. This has paved the way for as many as 2,500 of the most hardened criminals to reopen their sentencing, and potentially receive early release at the behest of the numerous liberal trial court judges. Amazingly, the decision, which was authored by Kennedy, had the support of Chief Justice Roberts. In one of his final dissents on the Court, Justice Scalia summed up the motivation of the decision:
[I]n Godfather fashion, the majority makes state legislatures an offer they can’t refuse: Avoid all the utterly impossible nonsense we have prescribed by simply ‘permitting juvenile homicide offenders to be considered for parole.
Terry Lynn Carroll, the man who helped execute three children in front of their mother in Arkansas 21 years ago is just one of 55 in the state that are eligible for new sentences. Here are three more cases, according to the Democrat Gazette:
This has got to stop. Federal courts do not have the power to overturn basic criminal codes of states that are deeply rooted in our history. They certainly don’t have the power to rewrite the Eighth Amendment. Yet, there is a growing trend of federal courts overturning sentences, invalidating executions, and mandating release of prisoners in order to reduce “overcrowding.” They are violating individual sovereignty to self-governance and overriding state sovereignty, and as I warn in my book Stolen Sovereignty, they are now violating our national sovereignty. Just last week, a unanimous panel of the Ninth Circuit ruled that ICE must release all illegal alien minors to relatives living in the U.S. (often illegal immigrants themselves) rather than detain them, even when the minors crossed over the border with their parents.
We now have judicial amnesty with the courts ensuring that thousands of impoverished illegal aliens from the Third World are irretrievably dispersed throughout the country and draining our schools and social services. Over 96% of all illegal alien minor children that have come over the past four years have not been deported. The judiciary is mandating the violation of national sovereignty and the ability of the citizenry to control the future orientation of this country, even in the few instances when the Obama administration is willing to enforce the law. They are also forcing ICE to release a number of criminal aliens. One of the unaccompanied minors who came over the past few years went on to kill Sarah Root in Omaha, Nebraska after he was released from ICE custody.
Meanwhile, on the societal front, the Fourth Circuit just forced a Virginia school district to allow boys in female bathrooms pending the outcome of litigation. In a 2-1 decision, two Obama appointees denied a motion of appellant for stay pending the appeal. A man being a woman is now the law of the land and is so obviously a reality to these judges that they will not even place the extreme social transformation on hold pending the outcome of the case.
Folks, we don’t have to take this another day. The courts are destroying our sovereignty, security and society. They have no power to unilaterally decide these issues and there is no need for a constitutional amendment to block them. Congress can protect the states by stripping them of their ill-gotten jurisdiction over sexuality, criminal sentencing and immigration. Congress and the states can just say no.
We either live in a representative republic or in a judicial oligarchy. The two cannot co-exist.
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Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.