We hear the leftists say that there is no need for the SAVE America Act because there are laws that articulate the illegality of non-citizens voting. Then there is Biden-appointed Florida Judge David Leibowitz, who just issued a 31-page ruling tossing out the criminal charges against a non-citizen who voted in the 2020 presidential election. She is a Jamaican woman, Chelsea Cox, who was charged, but Leibowitz ruled that the Constitution gives states, not the U.S. Congress, the authority to determine who qualifies to vote in elections. So which is it: we do not need the SAVE America Act because we already have laws, or do we?
Judge Leibowitz, again, Biden-appointed, ruled that the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which criminalizes non-citizen voting in federal elections, is unconstitutional as it applies to Cox. Leibowitz is quoted in his ruling as stating, “The Constitution commits to the States, and the States alone, the general power to set voter qualifications in federal elections.” Leibowitz further states, “This is clear from both the text of the document and the debates at the Constitutional Convention in 1787.”
Here is my point, and there are so many holes in this decision that it is like Swiss cheese. If Judge Leibowitz is correct, then the two constitutional amendments, passed by Congress, granting voting rights to Blacks and women are therefore unconstitutional. His decision would support the Democrat position that enabled such abhorrent voter-restriction practices such as poll taxes and literacy tests. Leibowitz’s ruling would uphold those States that decided to not abide by the aforementioned constitutional amendments, and gave reason for the Voting Rights Act. If he maintains this position, he is affirming that States, and the States alone, have the general power to set voter qualifications. This goes to show the abject incompetence and the judicial activist posture of this charlatan. What Leibowitz is hoping to do is open a door for Marxist-left states to rule that they will allow non-citizen voting. And we all know that in the Constitution, the enumerated power on matters of immigration and naturalization is found in Article I, Section 8, which is designated to the Legislative branch. It is quite evident that the Constitution grants Congress the enumerated power to determine who enters our country, and what actions that may, or may not, be involved.
As well, the 2011 Bluman v. FEC decision, written by Judge Brett Kavanaugh and affirmed by the U.S. Supreme Court, maintains restrictions on foreign nationals’ campaign spending, and that the government (federal, state, local) may exclude foreign citizens, meaning non-U.S. citizens, from actions that are part of the representative democratic electoral process of our Republic. However, the Bluman case does not articulate federal prosecution for non-citizen voting. Yeah, we seriously do need the SAVE America Act to close all potential loopholes.
There is little to no doubt that Judge Leibowitz’s ruling will be overturned by the 11th Circuit Court of Appeals. But what it does is provide a window into the absurdity of an activist judiciary, such as Judge Hannah Dugan in Wisconsin, who escorted a criminal illegal immigrant out of her court, releasing him. Unfortunately, the leftist Wisconsin Supreme Court did not revoke her license to practice law in the Badger State. What this does reflect is a vital necessity for the checks and balances outlined in our Constitution. The only court that the Constitution establishes is the Supreme Court; all other courts of lower jurisdictions are established by Congress. There should immediately be articles of impeachment brought forth against Judge David Leibowitz. He should be removed from the bench, and certainly barred from practicing law in the State of Florida.
And yes, I maintain a similar sentiment for the justices on the U.S. Supreme Court who ruled in favor of the unconscionable birthright citizenship idea, dismissing the rationale and raison d’être behind the 14th Amendment equal protection clause.
The Marxist leftists all want, and I mean the Democrat Party, open borders to undermine our representative democracy. They support the counting of illegal immigrants in our census, which skews our electoral representation; hence why they do not want ICE in blue states. They want illegal immigrants to vote, which is why House Minority Leader Hakeem Jeffries does not want ICE present at voting locations. They are actively coordinating with Islamists to have mosques as polling locations, as evidenced right here in my home, Dallas County.
The Marxist left is the real “threat to our democracy,” and Judge David Leibowitz is just another piece of evidence in that case. I took an oath to support and defend the Constitution of the United States and to do so against all enemies, foreign and domestic. Judge Leibowitz, along with other activist jurists, as well as the Marxist left, are in that category.
Steadfast and Loyal.
Republished from ACRU Action.
