Voter fraud is now an inalienable right…says the 5th circuit

· July 20, 2016  
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Voter fraud is now an inalienable right. A 9-6 en banc ruling from the full Fifth Circuit Court of Appeals invalidated a 2011 Texas law (SB 14) requiring that every voter showing up at the polls presents a valid photo ID, the same requirement of someone who purchases a pack of Sudafed.   

“SB 14 has a discriminatory effect on minorities’ voting rights in violation of Section 2 of the Voting Rights Act. As discussed below, we remand for a consideration of the appropriate remedy in light of the impending general election,” wrote Judge Catharina Haynes, a George W. Bush appointee, for the majority of the appeals court. The en banc ruling upheld a previous three-judge panel appeals court ruling and district court decision all asserting that the requirement for photo ID as opposed to non-photo forms of ID, such as bank statements and utility bills, discriminates against minorities.

The six dissenting justices, led by Judge Edith Jones retorted that there was absolutely no evidence under the sun to suggest this law is discriminatory against minorities or was passed with discriminatory intent.  “By keeping this latter claim alive, the majority fans the flames of perniciously irresponsible racial name-calling,” wrote an exasperated Jones. 

Teddy Roosevelt once said that “[T]here is no enemy of free government more dangerous and none so insidious as the corruption of the electorate.” The notion that a state, which has almost full authority over the methods and procedures of elections, may not prevent voter fraud by asking the same requirements to protect the franchise as what is needed to obtain the most mundane products and services in life is scandalous. That they would use the cause of civil rights, which was designed to prevent legitimate disenfranchisement of blacks, as a weapon to disenfranchise the entire electorate at the hands of rampant fraudulent voting is downright offensive. 

Moreover, as I note in Stolen Sovereignty, there is a widespread problem with non-citizens voting in our country. Texas has about 4.5 million immigrants, including over 1.7 million illegal aliens. According to a 2014 analysis referenced in the Washington Post, more than 14% of all non-citizens in the country are illegally registered to vote. Texas clearly has a vital interest in advancing the simple and reasonable requirement of presenting a valid photo ID in order to protect all U.S. citizens – white, black and anyone else. Only the legislative branch of the federal government, not the courts, was given authority in Article I Section 4 to “alter such regulations” of the states on electoral decisions, and even then, according to Hamilton it was only to be done under “extraordinary circumstances.” The notion that unelected courts can steal the sovereignty of the people and the state concerning the most vital protection of the most sacred tool of democracy would be unfathomable to our Founders.

While I released my book during a news cycle dominated by presidential politics, the news from the courts today proves every aspect of my thesis with a new case every day. If we don’t strip the courts of the [perceived] power to overturn the most basic, common sense laws governing abortion, immigration, marriage, religious liberty, redistricting, and voter ID, we will lose every last vestige of representative democracy. Any half-decent measure we aspire to pass by winning elections with conservatives (an arduous task to begin with) will be countermanded by an eminent tribunal. As I warn in Stolen Sovereignty, not only are the courts deciding every social issue (in favor of liberals), they are the final arbiters of issues of sovereignty, franchise and elections, thereby preventing us from even winning elections fairly in order to implement our agenda in the first place. The existing 14th Amendment, Voting Rights Act, and Civil Rights Act “jurisprudence” alone will make it impossible for us to govern, even if we could somehow appoint a few more judges that won’t expand the prevailing corrupt interpretation to new frontiers desired by the broader legal profession.    

Also, we are unfortunately not merely one Supreme Court Justice away from solving this problem. The courts do not hang in the balance in this election. They have long fallen off the abyss. The Fifth Circuit is arguably the least abusive of the 13 Circuits, yet it sided with a radical and illogical interpretation of the Voting Rights Act. Four of the nine judges that overturned election integrity were GOP appointees.

The courts are beyond repair, given the politics of the legal profession, one directional stare decisis, and the enshrinement of the Democrat racialized agenda into civil rights and the 14th Amendment. That ship has sailed a long time ago. The federal judiciary has become the super political branch without the check of term limits or elections.  

Whether you are a fan of Trump or not, whether you believe in his promises or not, just remember that unless the courts are stripped down to size by Congress, any potential benefit of Republicans assuming power will be rendered moot by the eminent tribunal in all 13 circuits, not to mention the Supreme Court. Even if we scrub the Justice Department of the Eric Holder types, never forget that they have permanent positions where the power really lies – and that transcends elections.


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Author: Daniel Horowitz

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