If it wasn’t painfully obvious already, the national party conventions this week and last week showed Republicans and Democrats agree on almost nothing.
But Daniel Horowitz, a senior editor at Conservative Review, insists both ends of the spectrum should agree on at least one thing – the judicial branch has stolen too much power.
“Even liberals should join us in this endeavor of returning the power that was ill-gotten by the courts… to the legislature,” Horowitz told WND in an interview.
Horowitz, author of the new book “Stolen Sovereignty: How to Stop Unelected Judges From Transforming America,” acknowledged the U.S. Constitution is not a perfect document and people on both ends of the political field undoubtedly object to certain parts of it.
However, Americans have recourse – they may amend the Constitution through their elected representatives.
Judges, who are not accountable to voters, have no such power to amend the Constitution, yet many of them have done so through their rulings.
“By using the court system to retroactively rewrite the Constitution and rewrite the courts’ power itself, that means that our future as it relates to every political and societal question hangs by nothing more than the feeling of the legal profession at a given time, or that judge who is unelected and cannot be defeated, especially on the federal level, the time he woke up or what side of the bed he woke up on any given day,” Horowitz reasoned.
This should frighten Americans on both sides of the aisle, Horowitz said. Liberals can’t rely on the courts to side with them in every single case, and conservatives have been burned one too many times by progressive activist judges.
In fact, Horowitz believes a too-powerful judiciary only makes the partisan polarization of American society worse.
“At its core why are these social issues so acrimonious, [why do] they drive wedges between people, the abortion issue, the marriage issue?” Horowitz asked. “It’s because in other countries they are decided through their parliament, through their elected government. Here all those issues are being decided through the courts, and that leaves people without any recourse, without any compromise, without any ability to change hearts and minds.”
This is why liberals and conservatives need to “shake on it,” as Horowitz put it, and agree to fight out their differences at the ballot box and, by extension, through their elected representatives in Congress and state legislatures.
“But we cannot add on to the Constitution and enshrine our agenda into the Constitution,” Horowitz admonished.
He used gun control and homosexual “marriage” as examples.
Americans have a Second Amendment right to bear arms, but there is no constitutional requirement that the government must issue a gun to every citizen. Similarly, there is no constitutional requirement that the government must issue a marriage license to anyone who wants one, and the federal government has no right to force states to issue marriage licenses.
Furthermore, marriage, unlike gun ownership, is not a constitutionally protected right, although the Supreme Court ruled in Obergefell v. Hodges that the Fourteenth Amendment guarantees same-sex couples the right to marry.
That landmark 2015 case was a perfect example of the court retroactively rewriting the Constitution, backfilling a new “right” into an amendment that was written for another purpose, according to Horowitz.
The four justices who dissented in the Obergefell case, of course, recognized and wrote that the majority’s ruling was unconnected to the U.S. Constitution.
“So this is why, if we want to remain a democratic republic where we agree to disagree, we compromise, we might lose an argument, we might win one day, we want to change hearts and minds – we need to strip the courts of the power that, as I lay out in ‘Stolen Sovereignty,’ our founders never gave the courts in the first place,” Horowitz insisted.
He pointed out judicial tyranny is inconsistent with certain core liberal beliefs.
“Congress has the tools to reclaim that power [from the courts] and liberals, if they were intellectually honest about what they believe in terms of democracy and popular sovereignty and following the will of the people, they should join us as well to have these battles in Congress and in state legislatures.”
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