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Memo on the Margin
November 27, 2000
ARREST THE FLORIDA JUDGES!!
Memo To: Attorney General Janet Reno
From: Jude Wanniski
Re: Grand Larceny in Tallahassee!!!
We�ve heard a lot of hot-under-the-collar rhetoric from partisans
          on both sides of the presidential campaign. Almost all of it has involved
          charges that either Vice President Gore or Governor Bush is trying to
          STEAL the election. Asked if he thinks the Democrats are trying to steal
          the election, former U.S. Senate Majority Leader Bob Dole thought for
          a moment and said he did not know whether it was petty larceny or grand
          larceny. My old supply-side friend, Paul Craig Roberts, does not
pussyfoot,
          Madame Attorney General. He agrees with Governor Bush that the seven
Democrats changed
          Florida law by judicial fiat in ordering the Secretary of State
          to not certify a winner in the race by the date prescribed by the law
          and to allow several Democratic counties to recount by hand votes already
recounted by machine. Mr. Roberts, who
          served as an Assistant Treasury Secretary in the Reagan administration,
believes the court acted in criminal fashion. I bring this to your attention because
the U.S. Supreme Court will consider this issue
          on Friday of this week. If it decides the Florida judges did try to
          steal the election, I think Mr. Roberts wants you to send federal marshals

          to Florida to throw those judges in the clink. Here is what he had to
          say in his LewRockwell.com column
          today:
Enabling Act for the Judiciary?
By Paul Craig Roberts
The corrupt 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 criminal
behavior. Republicans must not acquiescence to the Democrats misuse of judicial
          office to steal an election.
Florida is a state where Republicans have been overwhelmingly elected
          to legislative and executive office. Yet, the Democratic, partisan and
          corrupt state Supreme Court has clearly overstepped its authority in
          an effort to help Democrats revote ballots to Gore's benefit. Why would
          seven jurists so audaciously and confidently participate in vote fraud,
          an illegal act, in a state where Republicans hold the balance of power?
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 v. 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 claim 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 vote count will not be over, the court declared, until
          highly partisan Democratic vote counters in a few heavily Democratic
          Florida counties revote enough ballots 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 are being counted according to different
rules from the votes of everyone else in the state and the country.

The Florida justices clearly do not expect the legislature to do anything
          about the vote fraud that the court is foisting upon the country. Rule
          by judges has become a habit. The Florida Supreme Court is relying on
          the legislative habit of deferring to judges.
If the Republican Party permits this extraordinary abuse of office
          by the Florida Supreme Court, Republicans will have signed 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. The people's will is being stolen
          behind Democratic profusions of "the intent of the people."
          No longer effected by elected representatives, the people's will is to be
discerned by courts second-guessing voters intentions in the voting
          booth.
Massive Democratic vote fraud has made this election a close one. Having
          sized up Republicans as cowardly and timid, Democrats decided that 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.

If Republicans can't muster more courage than the Reichstag could find
          in 1933, the stolen election of 2000 will put an end to representative
          democracy in the United States.
* * * * *
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The only real voyage of discovery consists not in seeking
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~~~~~~~~~~~~~~~~~~~~
The libertarian therefore considers one of his prime educational
tasks is to spread the demystification and desanctification of the
State among its hapless subjects.  His task is to demonstrate
repeatedly and in depth that not only the emperor but even the
"democratic" State has no clothes; that all governments subsist
by exploitive rule over the public; and that such rule is the reverse
of objective necessity.  He strives to show that the existence of
taxation and the State necessarily sets up a class division between
the exploiting rulers and the exploited ruled.  He seeks to show that
the task of the court intellectuals who have always supported the State
has ever been to weave mystification in order to induce the public to
accept State rule and that these intellectuals obtain, in return, a
share in the power and pelf extracted by the rulers from their deluded
subjects.
[[For a New Liberty:  The Libertarian Manifesto, Murray N. Rothbard,
Fox & Wilkes, 1973, 1978, p. 25]]

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