9th Circuit Court Poisoning the Well

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Ninth Circuit “legalizes” voter fraud, undermines all authority

According to the judges of the 9th Circuit, Arizona laws requiring potential voters to present documentation for AZ elections are “illegal.” Supposedly they discriminate against the poor who do not have driver’s licenses.

All the potential voter now has to do is swear that he is a citizen under penalty of perjury and he or she can register to vote.

But since it is illegal to prove that he is lying, this is a de facto legalization of voter fraud and the 9th Circuit knows it. So does any thinking American.

This decision is an attack on the entire legal process. If it is now illegal to ask for documentation for voter registration, then it is automatically illegal for courts to require documentation for anything at all because some are too poor to afford documents.

An applicant for a passport would not have to prove he is the person he says he is. He would only be made to sign a sworn statement that he is that person. Any attempt on the part of officials to prove he is not would be illegal. And because the government is concerned with the poor and their rights, this applicant could not be charged one penny for the passport.

All applicants would be issued passports without proof.

Youngsters would now be free to purchase liquor and cigarettes at will, simply by providing a sworn statement that they are over 21. No one could force them to produce any documentation.

Nor could a suspect be required to present documentation to prove he is who he says he is. He can deny that he is the suspect who was picked up by the police on suspicion of a crime. If they try to prove he is the suspect, he can simply sign a sworn statement that he is in fact someone else, under penalty of perjury. The prosecution would not be allowed to look for evidence to the contrary because, by the 9th Circuit’s logic, the suspect would have the right to be considered innocent until proven guilty.

Hence, case closed, no decision allowed.

For that matter, no criminal would ever be tried again in the USA if 9th Circuit logic were applied across the board, because by extension of this twisted logic, a suspect would need only swear he did not commit the alleged crime and would immediately be set free, no questions asked. Sorry for the annoyance, Sir.

As for banks, they have already ceased to require documentation of loan applicants, and the result is a worldwide financial and economic crisis that keeps on taking.

The 9th circuit is also in effect enforcing the notion of equality for every human being on the planet: the right of every person on earth to vote in US elections.

If this decision is allowed to stand, then citizens of other countries can argue that they are being discriminated against because they are “too poor” to travel to the US to vote in our elections.

By the logic of these judges, all human beings over a certain age can vote in US elections simply by swearing they are US citizens.

They can now go to a US embassy and vote there. By 9th Circuit logic, no US embassy official would be allowed to ask for a passport or any other proof except a sworn statement that the voter registration applicant is a US citizen.

I think you can see that Arizona must recover its sovereign right to require proof of citizenship or we are all in grave danger.

First, Arizona can and should appeal this decision and should keep the old law in place until such time as the appeal is heard. But in the event the appeal fails, the election officials and officials involved, including legislators, who have sworn an oath to defend the Constitution, have several types of constitutional recourse, including the 10th Amendment. They can refuse to go along with the decision on the basis that the decision unconstitutionally interferes with the internal affairs of a state and on the basis of their oath of office.

Or if they want to preserve decorum, they can throw the decision back in the 9th Circuit’s face, declaring the old law requiring documentation upon voter registration null and void, based on the 9th Circuit decision, and replacing it with a new law that allows a sworn statement of US citizenship plus proof positive of citizenship – not just the applicant’s sworn statement – but without specifying what kind of proof.  The new law could allow an applicant to use a driver’ license or birth certificate as proof but would not require that particular kind of proof. The sworn statement would not be accepted as proof positive but would be allowed, as long as proof positive were also provided. It would be up to the applicant to provide proof positive but the type of proof – in accordance with the decision – would be up to the applicant. Or in the event such a statement is mandated by federal law, it could even be required, but would not be considered as proof positive, since it obviously is not. But the law would require proof positive of citizenship, without specifying the type of proof.

The law would be written as a temporary law, but without an expiration date.

The law in question would state that it would expire shortly after the court that abolished the old law provided an adequate substitute of proof positive of citizenship, whereupon a new law would be written specifying the use of that type of proof specified by the court.

This would elegantly throw the issue back in the laps of the justices who would now be responsible for coming up with a kind of proof that would satisfy human logic. The beauty of such a law is that, on its face, it at least seems to go on the assumption that the court is not malicious and does not have an interest in allowing undocumented aliens to vote. In fact, while it is obvious that the court is malicious and wants illegal aliens to vote, it would never dare admit this. The court could not come out and say they wanted illegal aliens to vote and hates Arizonans. They have to have something to hide behind, and this decision lets them hide behind the poor.

Such a new “temporary” replacement law in Arizona would on the surface satisfy the letter of the law but would also put the onus on the court to decide the nature of the proof positive that must be provided by voter registration applicants.

The court certainly could not say that a sworn declaration of citizenship provides such proof because Arizona would then point out that such sworn declarations are not seen as proof of anything in other areas of law, such as criminal and commercial law.

If the court kept up the farce despite this revision of the law, Arizona could argue that a sworn statement is not accepted as proof of anything in other areas of law and that the court must provide an alternative that satisfies human logic as to what proof positive actually is. The court would have to admit that it is mililtating against all human logic and then Arizona would have an airtight motive for ignoring the decision. The fact is, it already does, but such a strategy as I have proposed would catapult the issue into the media in such a way that other states would be encouraged to rebel in like manner. People are on the verge of rebelling anyway, and Arizona could be the fuse that sets off the charge.

If all of the above happens to fail, natural laws will intervene as they always do, but the result may not be pretty.

By way of illustration, the irresponsible behavior of the banks and their public partners Fanny-Freddy and insane legislation like the CRA, inevitably resulted in a financial meltdown with universal consequences. More and more people are noticing this, including people outside the US (The NGO Transparency International recently found the US to be perceived as a significantly more corrupt nation than previously). The exact consequences of wholesale voting by non-Americans are hard to imagine or predict.

But eventually, the court’s decision to eliminate the requirement for documentation will affect us all, including the progressives responsible for the decision, because it eliminates almost all authority over anyone, including criminals, thereby undermining the authority of the very court itself. Anarchy is the inevitable result.

So if you want to poison the well, be careful where you drink.

copyright © 2010, Don Hank

Further reading:

“U.S. More Corrupt in 2010,” Walter Pavlo, Forbes

“Obama Ignores Border War; Allows Illegal Mexicans to Vote,” Pravda.ru

Don Hank is a professional expert in linguistics, in languages including Chinese, French, German, Japanese, and Russian, with degrees at the baccalaureate and masters levels. Since 2006, he has been the owner/operator of the Christian news and views site Laigle’s Forum. His straightforward and common-sense articles on politics, economics, science, government, and culture have been published in numerous, widely-read venues.

Mr. Hank’s extensive background in languages leads him to believe that the founders meant what they said in the Constitution, God meant what He said in the Scriptures, and the grassroots are the true authorities on natural language, word definitions and the government that is best for them. He is also founder of Lancaster-York Non-Custodial Parents, a volunteer organization that provided Christian counseling for non-custodial parents.

Graphics added by Gulag Bound

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