Saturday Evening Judicial Reiew Post #18
In keeping with the flow of following Mark R. Levin’s Book, Men In Black which can be purchased on the link to your left, we will pursue the subject of a Tale of Two Courts. In Mr. Levin’s book, he has an entire chapter called “The Court Counts The Ballots” discussing at great length the chronology of events surrounding the Presidential Election of 2000. We have found this chapter to be illuminating and fascinating as we relived once again the history of events surrounding that election.
What we experienced during that month long time of intense emotion and agony was caused by the ultimate exercise in Judicial Activism first by the Florida State Supreme Court, and finally by the United States Supreme Court. The courts made their rulings based as a result of a lawsuit filed on behalf of presidential candidate Al Gore who initiated the first lawsuit in that election to overturn his loss.
In full disclosure, it must be said, that we supported George W. Bush in 2000, and still support him today. To this day it is still difficult to describe the emotion and agony we felt as we watched the events unfold during that election. We wrote an e-mail and printed it out as a letter on December 9th, 2000 in which we made an appeal for someone to stop the madness. December 8th, 2000 if you recall was the day the Florida State Supreme Court defied the United States Supreme Court who had set aside the State Supreme Court’s extended deadline for manual recounts, pending an explanation. The Florida State Supreme Court ordered manual recounts in every Florida county that had significant numbers of “undervotes”.
We watched on the news that Saturday morning as the officials began the process of manually counting all the votes in Florida, as tears rolled down our cheeks. The following is an excerpt of the e-mail we mentioned above which we wrote on that day, which is completely relevant in our discussion of Judicial Activism.
“I am speaking out today about the situation that our country is facing as a result of the Florida State Supreme Court which has turned our world upside down. George W. Bush has won a legal election in the State of Florida. But Al Gore has sought to have that election over turned by contesting it in the judicial system of Florida. Al Gore lost in the lower court presided over by a member of his own party, and has appealed it to the State Supreme Court who has become a law to themselves. They are not interpreting the law any longer, but writing their own law as needed. I am reminded of people long ago who the Bible refers to as “each man doing that which is right in their own eyes”. The result then was chaos and the result today is chaos.
Why is it that this is so heart breaking to me? I can see our nation and our government possibly being destroyed over by what is going on right now. We are no longer sliding down the slippery slope. We are standing at the edge of a precipice. If we step over the edge, we may never be able to climb back out.
Regardless who you may have voted for. I ask you, Is it right for a lawless court to give an election to the loser, based on a subjective count of ballots with no standard used except that of finding enough votes to make Al Gore the winner.
Let me tell you what happens to a society or government that follows this path of destruction. Has history taught us nothing? Edward Gibbons in his monumental book “The Rise and Fall of the Roman Empire” said that the Roman Empire, which had stood for over a thousand years, was not defeated by anybody on the outside. The Roman Empire fell because of the rot and corruption within it’s own government. Blatant homosexuality in the halls of power, corrupt members of their legislative branch. People who were too apathetic to voice an opinion.
Merchants who were more concerned with making profits than disturbing the status quo. A good friend of mine asked me one time not long ago concerning my taking an active role in voicing my opinions concerning politics, “Is this good for business?”. My answer has to be with all of the humility that I can muster, “What good is business, if your dreams and beliefs are shattered in the process of growing that business”.
Regardless of who you may have cast your vote for in this last election, you must consider this. If Al Gore is successful in overturning this legal election by using this lawless State Supreme Court, he will become President of these United States. The direct consequence of that will be that he will be the one choosing replacements for the United States Supreme Court. If he appoints 2 or more Justices like the ones on the Florida bench, our US Supreme Court will be handing out rulings just like the one in Florida. They
will no longer be interpreting the law, but writing their own from the
bench.How will this affect us as common people? The freedoms that we enjoy and which were paid for by the blood of our forefathers will be at the whim and mercy of an opinion of a lawless US Supreme Court. Our Churches, Synagogues, and all religious faith that we hold dear will eventually disappear. Our right to own and bear arms will also be cast to the wayside. Our very freedom of expression may even be thrown away. None of us want that.
If the events in Florida during the past month are any indication of what a Gore Presidency might be like. To win at any cost, to overturn the law to get what we want, to preside over the destruction of our cherished republic.
We have to act now. To be a leader is not to form a consensus and then do what the majority wants. To be a leader is to do what is right, what is truthful, what is honest, and let the chips fall where they may.
My voice may be silenced. My words may be laughed at and scorned, but the truth will not be ignored. One man’s words may be drowned out, but they can not drown out a whole chorus of words from each of you who reads this.
So what are we to do? We can start by doing what I am doing today. We can put our faith in an infinite God who intervenes in the affairs of men and begin speaking out through any means available whether by letter, phone, or e-mail. We can pray that God will again intervene through the US Supreme Court and stop the chaos. We can begin to take back the country we live in through our election process. No better example can ever be given than what we have witnessed this past month as to how important our vote is.
I have no idea where this letter I am writing today may go, or what good it will do, but write it and send it I must. I plan to send it to several newspapers, television outlets, and to members of Congress today as well as to you my friends.”
Late in the day on December 9th, 2000, the United States Supreme Court voted in a 5-4 decision to intervene and to halt the recount.
We continue writing today, in a different format, but with the same hopes and dreams of restoring our Constitutional Republic, and in the hopes that men or women who are Constitutional Originalists will be nominated and confirmed to the United States Supreme Court. Judicial Activism must be stopped, or there will be no Constitution or rule of law.
We will continue next week with some of Mr. Levin’s conclusions and the ramifications of the intervention by the United States Supreme Court in Bush v. Gore.




