How to Stop Rogue Judges in Their Tracks
Report by Betty Sakai
Texan Dwayne Stovall’s presentation was refreshing from the perspective of many who feel lost to understanding what is happening in America today. In the sea of lawyers who have normally been occupying the House and Senate and Presidency, businessman Dwayne Stovall has dared to get involved in Texas politics. Persistence and insight has resulted in his making inroads against the better-funded campaigns, gaining name recognition and respect for his knowledge about the history of this Republic, our Constitution, and the original intent of our founders.
In 2012 Stovall ran for the House of Representatives in Texas’ District 18. He lost to incumbent John Otto but gathered 33% of the vote. In 2014 he ran against incumbent Senator John Cornyn in the Texas Republican Primary, came in third but picked up 10.7% of the vote with only $70,000 in funding compared to Cornyn’s campaign funding of $18,000,000.
Republicanism he said is the idea that we are going to be represented by those we elect. In this regard, the number of people the founders believed would preserve the connection between the people and their elected representative was around 30,000. With a smaller constituency, there is a greater chance someone in the community you know will know the representative. Today however the number represented by each representative is about 850,000. This simply does not work. Instead of focusing on term limits, Stovall said we should focus on reducing the number of constituents per representative. The fact is today the majority of voters feel no personal connection with their representative. Senators like John Cornyn run a multimillion dollar campaign and tell voters, “I’m just like you”. And then they disappear into the Washington D.C. establishment.
Dwayne Stovall discussed some of the reasons he decided to run against John Cornyn. He is part of the culture in Washington D.C. voting for things that are not conservative. He voted for such things as: increasing the national debt and size of government, ending the health care debate to permit Democrats to reinsert Obama-Care into the Continuing Resolution to fund the federal government, and to permit data collection on American citizens. [List as produced by freedomworks.org]: Senator John Cornyrn voted to permit Democrats to get Obamacare through, for the Wall Street bailout (TARP), for massive entitlement expansion Medicare Part D, to increase the Federal Minimum Wage which reduces employment among low-skilled workers, against fiscally conservative budgets, in support of intrusive internet regulations (PIPA), for warrantless data collection on American citizens, to raise the debt ceiling eight (8) times, and to reauthorize the Patriot Act which violates the 4th Amendment right to privacy authorizing the federal government to spy on citizens without a warrant.
Stovall emphasized that all you need to know is that smaller more limited government makes people more free. Limited Government, Republicanism, Federalism are what we all need to know. The Constitution is so simple that a 5th grader can understand it. After running for the Senate, Dwayne received many calls from voters concerned about issues he described as “huge”. A major concern is that our Constitutionally-restricted federal government has become the principle decider overshadowing the states’ rights. To example this, he asked, “Do you live in the United States in the state of California, or do you live in the United States in the county of California?” Today, the fact is there is not one state in the union that manages its own affairs. The federal government manages states’ affairs. Federalism has become buried over the last 100 years in the Progressive era to create the reverse of Federalism, a top-down, controlling national government. Judges have made it possible for the federal government to control every aspect of our lives.
Federalism was discussed in Federalist 45 by James Madison. He wrote, Congress must write few and defined and understandably short legislation. The states would have powers numerous and indefinite. This Federalism created by the founders created a free market for liberty. The citizens in one state if not happy could move to another state. However, if the federal government controls the states, moving from one state to another makes no difference.
Returning to the Constitutional concept of Federalism is the key to our liberty. Right now we have a federal government that has nationalized states to control the states. A prime example of this is Common Core in education. When the federal government enacted this curriculum in California, fifty million students in California were controlled by federal Common Core edicts. A few hundred people living 2,400 miles away across the United States controlled the education of children in California.
If representation does not exist, when the federal government decides to do something, it does it in spite of the people back home in the states. If, for example, the federal government conducts a war, that war is conducted by Washington D.C., not the people. Thomas Jefferson once said that the Constitution is wax in the hands of the Judiciary which they may twist any way they please. The Constitution limits the powers of the federal government. There is no Constitutional basis for expanding the powers of the federal government. There is no Constitutional basis for creating a top-down national government.
Judicial power is discussed in Article III of the U. S. Constitution. Judicial power is invested in the Supreme Court. Liberty is at risk if the two other branches coalesce with the Judicial Branch. As Congress is run by attorneys who really want to be sitting on the Supreme Court, this is a problem.
In Article III Section 1, the Constitution provides that all of the lower courts can be removed by Congress. In Article IV Section 4 every state in the Union is guaranteed a Republican Form of Government. Article VI provides that the Constitution shall be the supreme law of the land, and all Senators and Representatives shall be bound by oath to support the Constitution.
When in 1972 Row v. Wade abortion was permitted by the Supreme Court, Congress should have reprimanded the Supreme Court and passed on the issue of abortion to the individual states, to the people in accordance with their moral values. But the Supreme Court hearing cases outside of its jurisdiction is not new. In 1793, four years after the Constitution was implemented, the Supreme Court got involved in a private lawsuit between a South Carolinian and the State of George over an estate. As a result of this misstep by the Supreme Court, Congress created the 11th Amendment to slap the Supreme Court and to tell the Justices they cannot overstep the Court’s boundaries. This is the fundamental flaw in our Congress right now. The answer to the Supreme Court overstepping its boundaries is in the Constitution. It’s right there in front of them.
This is how it’s supposed to work: During President Bush’s term, judges threatened to bring the Guantanamo Bay detainees to the United States to put them on trial in their courtrooms. All of a sudden Congress brought up Article III which states, “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior….” Thereafter, the Supreme Court ruled that trying foreigners in U.S. courts is unconstitutional. Adding the exclamation point, Dwayne Stovall exclaimed, “Someone like me would tell judges if they rule to bring Guantanamo Bay detainees into their courtroom, the next day I would file impeachment papers against them. What the people need to understand is that Congress has the power to put a stop to what’s been happening.
Stovall then reflected upon some of the reasons people said they did not vote for him. Some are not educated enough to understand the difference between understanding and standing for principle and getting along and compromising. These people told him they feared he could not compromise, which is in essence what’s been happening as politicians define themselves as moderates and compromise their constituent’s liberty to communism.
In the Q&A Session, Dwayne Stovall answered questions from the audience presented to him by Conservative Forum Vice President of Programs, Erika Ammirati.
Can we do anything to change the direction of our country? He answered, “Yes, we can.” Congress needs to define Constitutionally what are federal issues and what are states’ issues. Is the 2nd Amendment a federal issue or is it a states’ issue, or both? Would a Convention of States (COS) as called for in Article 5 be the answer? Considering the COS, Stovall asked if you already have amendments in the Constitution that officers of the government don’t follow, would they follow a new amendment?
About sanctuary cities, the Left has suddenly discovered Federalism to promote sanctuary cities which destroy the balance in the economy and security of citizens. The Left is demanding control over immigration into their state disregarding the federal government’s role in providing security. The question is, what is the role of the federal government on immigration and naturalization? On the southern border of Texas and Mexico, Stovall points out that the state should control the people they allow into the state. The federal government controls the number permitted. Shutting down the border means shutting down illegal crossings, not preventing people from crossing and returning legally. The problem is that nationalized legislators and the Governor of Texas have relinquished their responsibility to participate in the process.
Considering the problem of scale and numbers, when the Constitution was written the total number of people in the 13 states was about 2.5M. Texas is now over ten times the size of the original union. California is the size of the entire population of the United States when the Civil War was fought. He asked, “How are they going to govern all of these people?” California is just too large to govern.
Eighty years ago, Professor Donald Livingston, who had studied Republics for about fifty years and wrote Rethinking the American Union for the Twenty-First Century, noted that you have to agitate people in mass to make social changes. If 200 or 2,000 people show up at the state capital, very little gets noticed. If 200,000 show up, legislators take notice.
Completing his presentation, Dwayne Stovall said that Progressives in both parties want to run everything. He concluded that one can use the Constitution if you can avoid the emotions of the liberal Left wanting people to die in the streets. The Forum thanked Dwayne Stovall with long applause. He had provided many insights.
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