- US Representatives and Senators
- United States of America
The 9th and 10th Amendment of the United States Constitution clearly limits the power of the federal government and protects the rights of the states to govern themselves. The more power the federal government has the less freedom we have.
In July, the US Court of Appeals for the Fourth Circuit based in Virginia overturned North Carolina’s Voter ID Law. The law required a photo identification to vote, reduced early voting days and ended same day registration. All three judges on this panel were appointed by Democratic presidents.
The court incorrectly ruled that the law disproportionately affected minorities saying it violated the Constitution and the federal Voting Rights Act and eliminated the voter identification requirement. Statistics show that the disenfranchisement of black voters did not occur. In fact, participation of black voters increased by almost 2 percent. In 2010 before the law was in place, 40.3 percent of blacks voted then after the law was in place for the 2014 midterms 42.2 percent of blacks voted. The court produced no evidence that there was any racial bias in any of the deliberations of the law. The plaintiffs could not produce a single person that was unable to obtain a ballot because of this law. The court unfairly ruled that the legislature was acting “with discriminatory intent.”
Thirty-four other states have voter ID laws in place which have been upheld by the Supreme Court. The court also added back a week of early voting even though a dozen states still do not have any type of early voting. The court also added back same day registration while the majority of states do not allow same day registration. Does this ruling mean that all of these states are violating the Constitution? The courts disregard of legal precedent, ignoring the 400 pages of facts from the district court, and ignoring the positive outcome for minority turnout after the law was implemented shows the court’s intent was not one of an independent arbiter but one of recklessly pushing a partisan agenda.
After the ruling, in a joint statement Speaker Tim Moore and Senate Leader Phil Berger said, “Since today’s decision by three partisan Democrats ignores legal precedent, ignores the fact that the other federal courts have used North Carolina’s law as a model, and ignores the fact that a majority of other states have similar protections in place, we can only wonder if the intent is to reopen the door for voter fraud, potentially allowing fellow Democrat politicians like Hillary Clinton and Roy Cooper to steal the election.”
Governor Pat McCrory stated the following, “Photo IDs are required to purchase Sudafed, cash a check, board an airplane or enter a federal court room. Yet, three Democratic judges are undermining the integrity of our elections while also maligning our state. We will immediately appeal and also review other potential options.”
WHEREAS, the Federalist #15 states, “Why has government been instituted at all? Because the passions of men will not conform to the dictates of reason and justice, without constraint.” Therefore, the United States Constitution contains restraints with checks and balances for all three branches of Federal government (legislative, Article I; executive, Article II; judicial, Article III).
WHEREAS, the 10th Amendment to Constitution states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The federal government can never suppress the superiority of the states or the individual rights of the states.
WHEREAS, North Carolina has sovereignty and the constitutional right to develop and implement their election procedures. Voter ID is a common-sense law to protect the integrity of the election process. The law gives confidence to voters in North Carolina that their votes matter. The obvious overreach by judicial activists in this case and others undermines the freedoms of North Carolina’s citizens.
RESOLVED, we the undersigned insist that the next President appoints judges at all federal levels who are proven that they will apply original intent of the Constitution to every ruling and to pledge to not make legislation from the bench. We also urge the Senate to not confirm any judges that do not meet this standard.
RESOLVED, we urge the US House of Representatives to consider impeachment under Article II, Section 4 for judges that unconstitutionally abuse their power through legislating from the bench or pushing political agendas.
The Judicial Overreach Concerning North Carolina's Voter Id Law petition to US Representatives and Senators was written by Claire Ledford and is in the category Government at GoPetition.