According to the ruling of the Sixth Circuit Court of Appeals last week, black voters are too dumb for typical ballots that list candidates by individual office, and having those ballots will therefore create long lines in black neighborhoods. As such, they have a Fourteenth Amendment right for an option of automatic straight-ticket voting to ensure that Democrats maximize their votes down ballot, thereby precluding a state from offering any other type of ballot.
Several weeks ago, radical district judge Gershwin Drain issued an extreme decision “striking down” Michigan’s election law which declines to offer an option on the ballot to check a party-line box and automatically render every vote down ballot for the same party. Obviously, the practice of offering a traditional “office by office ballot” affects very Republican areas of the state of Michigan just as much as it effects the very Democrat areas. However, in this era of judicial supremacism, mixed with the grotesque bastardization of the Fourteenth Amendment, any third party organization can sue the state and assert that the law hurts Blacks and Democrats.
Michigan’s secretary of state appealed the decision to the Sixth Circuit and filed a motion for a stay on implementing the district judge’s order so Michigan won’t have to remake ballots for the upcoming election. A three-judge panel unanimously denied the request. Judge Karen Moore’s opinion was nothing short of breathtaking: "The district court credited unrebutted evidence in the record demonstrating that [the ban] will increase the time that it takes to vote, particularly in black communities where straight-party voting is prominent and where lines are often already long. The district court also found that the law was likely to increase voter confusion and miscast ballots."
It would be appalling, insulting, and outrageous enough for an elected politician to argue this as a matter of policy, but for a judge to posit such a thought process and disguise it as constitutional law is embarrassing. The notion that any third party can get standing in a court to shoot directly at a simple state method for elections by asserting that because blacks tend to vote straight party-line Democrat, they are entitled to a straight ticket ballot, and that failure to produce such a ballot would result in long lines, is an exercise in parody. This is the same type of ballot I’ve been using in blue state Maryland my entire life and nobody has ever complained about confusion for having to vote for each individual office!
What’s next? Will judges now look at voter registration in black precincts and mandate the automatic rendering of Democrat votes per population without even casting the ballot? That will sure save time and preempt any “confusion.” We wouldn’t want anyone to have to spend an extra 60-90 seconds viewing the individual names running for particular offices, would we?
Folks, this has got to stop. The courts have so abused the Fourteenth Amendment that any Soros-funded organization can sue against any common sense election law and falsely assert that blacks are inferior and are therefore incapable of voting, for example, with a standard ballot, with a voter ID requirement, or without endless days of early voting.
As I’ve said before and as I argue in my book, it’s time for the states to just say no or for Congress to reclaim the power from the courts. Congress can do this in two ways:
- Congress can fully strip the lower courts over any jurisdiction it pleases because Congress, not the Constitution, created those institutions. As for the Supreme Court, Congress can strip its appellate jurisdiction, pursuant to Article III Section 2, over issues pertaining to election laws, immigration enforcement, abortion, marriage, religious liberty, etc. As Justice Felix Frankfurter said, "Congress need not give this Court any appellate power; it may withdraw appellate jurisdiction once conferred."[i] The entirety of chapter 9 in my book makes the case that this power is absolute.
- Congress can completely remove the Fourteenth Amendment from the jurisdiction of the federal courts. Section 5 of the Fourteenth Amendment (and the 13th and 15thamendments as well) grants Congress, not the judiciary, plenary power to enforce those provisions over the states. Thus, not only have the courts contorted the Fourteenth Amendment beyond recognition in order to crush the states, they never had the power to overturn a state law under the Fourteenth Amendment in the first place. In 1879, Justice William Strong wrote the first opinion explaining the contours of Section 5 and made it clear Congress has full control over the Fourteenth.[ii] It’s time they actually use it.
As we’ve explored before in this column, merely “appointing better judges” will not help. There is enough existing nuclear Fourteenth Amendment “jurisprudence” in the legal system to destroy our republic, crush the states, and create a permanent Democrat majority through mandated rights for illegal aliens and interfering in election laws. Most judges will not sufficiently roll back the terrible precedent that has been set, in itself a violation of the authentic case law following the ratification of the Fourteenth Amendment. Congress and the states must grab that power back from the legal profession or elections will no longer matter. And in many cases, we won’t be able to win elections in the first place thanks to mandated fraudulent voting.
Editor's note: The wrong article was inadvertently published under this headline. It has been replaced.