Enabling
Act for the Judiciary?
by
Paul Craig Roberts
The
corrupt Florida Supreme Court must be severely punished for participating
in vote fraud. Impeachment is too good for the Gang of Seven. Arrest,
indictment and trial are the best response to the court's criminal
behavior. Republicans must not acquiescence to the Democrats misuse
of judicial office to steal an election.
Florida
is a state where Republicans have been overwhelmingly elected to
legislative and executive office. Yet, the Democratic, partisan
and corrupt state Supreme Court has clearly overstepped its authority
in an effort to help Democrats revote ballots to Gore's benefit.
Why would seven jurists so audaciously and confidently participate
in vote fraud, an illegal act, in a state where Republicans hold
the balance of power?
The
answer is that for almost a half century ever since the 1954 Brown
decision of the U.S. Supreme Court the judiciary has been gradually
appropriating the legislative role, adding the power of lawmaker
to its assigned role of law interpreter.
Unlike
the Florida Supreme Court's brazen decision to assist the Democrats
in stealing a presidential election, the Brown v. Board of Education
decision was in behalf of a noble cause desegregation of public
schools.
The
Brown decision remains sullied by the means through which it was
obtained an unethical ex parte collaboration between a sitting justice,
Felix Frankfurter, and a litigant, Justice Department official Philip
Elman. The plot achieved its goal of abolishing segregation, but
the means usurped legislative authority and created a precedent
inimical to democracy. The judiciary learned that whenever it can
claim the moral high ground, it can legislate.
Other
factors have contributed to the judiciary's rising power. The larger
government grew, the more involved "special interests" became in
politics in order to defend and advance their interests. In the
public's mind, campaign contributions and interest group politics
gradually undermined the authority of the legislative branch. A
tainted and sometimes stalemated legislature permitted the judiciary
to make inroads into the legislative arena.
With
legislatures seen as agents of special interests, the judiciary
has successfully ignored the constitutional separation of powers
and appropriated more and more power. The Florida Supreme Court
now has claimed the power to void statutory election laws when its
candidate loses.
The
Florida vote count will not be over, the court declared, until highly
partisan Democratic vote counters in a few heavily Democratic Florida
counties revote enough ballots to change the election outcome. By
aiding and abetting vote fraud, the court has violated the equal
protection clause of the Constitution. The votes of a relatively
few people in a few Florida counties are being counted according
to different rules from the votes of everyone else in the state
and the country.
The
Florida justices clearly do not expect the legislature to do anything
about the vote fraud that the court is foisting upon the country.
Rule by judges has become a habit. The Florida Supreme Court is
relying on the legislative habit of deferring to judges.
If
the Republican Party permits this extraordinary abuse of office
by the Florida Supreme Court, Republicans will have signed an American
version of the Enabling Act, which in 1933 transferred legislative
power from the German parliament to Adolf Hitler, thus making him
a dictator. Instead of signing over power to one person, the Republicans
will have transferred it to the judiciary.
Elected
representatives will have a difficult time reclaiming their authority
from judges. After 46 years the judiciary can claim squatters rights
to supreme power. Hitler faced more constraints than our judiciary,
which proceeds without an Enabling Act. The people's will is being
stolen behind Democratic profusions of "the intent of the people."
No longer effected by elected representatives, the people's will
is to be discerned by courts second-guessing voters intentions in
the voting booth.
Massive
Democratic vote fraud has made this election a close one. Having
sized up Republicans as cowardly and timid, Democrats decided that
they could steal the election behind a barrage of lies and propaganda
laid down by their faithful allies at CNN and the TV networks. These
Nazi-style propaganda machines are playing a decisive role in the
destruction of American
constitutional democracy.
If
Republicans can t muster more courage than the Reichstag could find
in 1933, the stolen election of 2000 will put an end to representative
democracy in the United States.
November
27, 2000
Copyright
2000 LewRockwell.com
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