- The Washington Times - Tuesday, November 28, 2000

The 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 misuse of judicial office to facilitate the attempted theft of a presidential election.

Florida is a state where Republicans have been overwhelmingly elected to legislative and executive office. In a state where Republicans hold the balance of power, why would partisan Democratic justices so audaciously and confidently overstep their authority and ignore statutory law in order to help Democrats revote ballots to Al Gore's benefit?

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 vs. 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 get away with claiming 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 court set aside statutory law for no other reason than to allow highly partisan Democratic vote counters in a few heavily Democratic Florida counties to revote ballots in an effort 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 were counted according to partisan rules different from the votes of everyone else in the state and the country.

The Florida justices clearly do not expect to be held accountable for the vote fraud that the court facilitated. Rule by judges has become a habit. The Florida Supreme Court is relying on the legislative habit of deferring to judges.

If the Republicans permit this extraordinary abuse of office by the Florida Supreme Court to go unpunished, Republicans will have signed in effect, 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. Will future elections be stolen by courts second-guessing voters' intentions in the voting booth?

Massive Democratic vote fraud made this election a close one. Having sized up Republicans as too timid to fight hard, Democrats decided 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.

Republicans must muster the courage to put the judiciary in its place before judges usurp representative democracy in the United States.

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