Once Again, Justice Barrett Misses the Constitutional Mark. Sorry I Told You So.๐ณ๏ธ
Constitutionally Speaking: Watson v. Republican National Committee- Mail in Ballots:
by KrisAnne Hall, JD
Today, in the Supreme Court, Justice Amy Coney Barrett leads the majority of liberals claiming to follow the Constitution's original meaning. She quotes Alexander Hamilton in Federalist No. 59, speaks of the Framers' intent, and repeatedly invokes history as its guide.
But when the historical evidence becomes inconvenient, Barrett quietly sets it aside. Barrett engages in judicial activism disguised as selective originalism.
This Isn't a Victory for Federalism. It's a Victory for Judicial Activism.
Barrett, in her effort to appear as a constitutionalist, begins with a correct statement of constitutional authority.
Article I, Section 4 gives state legislatures the primary authority to regulate the "Times, Places and Manner" of congressional elections, while Congress retains the ultimate authority to alter those regulations.
Barrett even quotes that Alexander Hamilton described exactly that arrangement in Federalist No. 59, in her effort to feign Originalism. But that's where Barretts efforts end.
This Decision Expands Judicial Power, Not Constitutional Liberty.
Instead of asking what Congress meant when it exercised that constitutional authority by establishing a uniform Election Day, the majority narrows its analysis almost exclusively to dictionary definitions of the word "election."
It concludes that because "election" simply means the act of choosing, ballots may continue arriving for days after Election Day so long as the voter completed the ballot earlier.
The problem is that history overwhelmingly points in the opposite direction.
For nearly two centuries, Americans understood Election Day to mean exactly what its name suggests, the day on which election officials received ballots and completed the voting process. Before the Civil War, voting occurred almost entirely in person. Election Day naturally became ballot-receipt day.
Even during the Civil War, when soldiers were scattered across distant battlefields, states did not abandon that principle. They adapted the mechanics while preserving the rule. Military officers acted as election officials, collected ballots in the field, verified voters, and ensured those ballots were received according to Election Day requirements.
The method changed. The deadline did not.
Ironically, Barrett acknowledges that words should be interpreted according to their ordinary meaning when Congress enacted them. Yet after stating that principle, she largely ignores the strongest evidence of what Congress actually understood that meaning to be: nearly two centuries of uninterrupted governmental practice.
Instead, Barrett treats those historical practices as little more than interesting coincidences.
The dissent exposes the weakness in that reasoning with a simple question:
If Congress never intended Election Day to serve as a ballot-receipt deadline, why did virtually every state, including those facing enormous logistical challenges during the Civil War, go to extraordinary lengths to ensure ballots were received by Election Day?
Barrett has no satisfying answer and, instead, suggests perhaps the states simply chose to operate that way voluntarily. But that explanation requires believing that states consistently imposed significant logistical burdens upon themselves for nearly 200 years without any legal necessity whatsoever.
That is not impossible but it is historically implausible.
Barrett also invokes Federalist No. 59 to argue that the Framers wanted flexibility because they could not foresee every future circumstance. This is your typical "non-originalist" misunderstanding about what our founders intended.
Hamilton's point was not that courts should rewrite election statutes whenever circumstances change.
His point was that Congress possesses the constitutional authority to adapt election law as conditions evolve. That distinction matters.
The Constitution assigns election policy to legislatures, not judges.
If Congress wishes to permit ballots received after Election Day, Congress may amend the statute. Until Congress does so, courts are obligated to apply the law Congress actually enacted, not the law judges believe Congress should have enacted.
Barrett says history matters, but ultimately relies on dictionaries.
The dissent begins with constitutional text, confirms it through historical practice, measures it against nearly two centuries of consistent implementation, and harmonizes that evidence with existing precedent.
The dissent is engaging in classic originalist methodology.
Original intent is not proven by selectively quoting the Federalist Papers while ignoring two centuries of governmental practice that demonstrate what those principles became in law.
Barrett begins with history, but leaves it behind when that history points toward a different conclusion.
Constitutional Originalists will see this clearly. Political loyalists will either be "shocked" by Barrett's errors or pleased by them, depending on what side of the political coin they sit.
I'm not shocked. I made many warnings about Barrett BEFORE her confirmation. Learn Constitutional Truth. Join me on this journey! https://t.co/LMNVsIsNGK
Happy birthday to my wonderful son. @elonmusk has given me 55 years of joy.
Itโs so much fun to celebrate with family and friends.
His cake is a rocket and a moon base ๐๐๐
Trump operates by turning the volume and brightness up to max dial so you can't see what he's really doing. A chaotic but equally effective alternative to moving through shadows.
For the audience, there's an operatic performance of negotiations between the United States and Iran.
Backstage?
Israel just signed a treaty with the government of Lebanon designed to partner the two countries in the fight against Hezbollah, an Iranian proxy.
Iraq's government is being purged of all overt Iranian support.
The Middle East is cutting out Iran like a cancer, and that surgery is being missed because the TV in the waiting room has been set to max volume.
Abdikerm Eidleh was an alleged ringleader of one of the largest fraud scandals in the history of the country - orchestrating a massive $250 million scheme to steal critical food resources from vulnerable Americans who needed it and spent the money on luxury cars and mansions, as shameless as it gets.
But thanks to a brilliant op from this FBI and our great partners - we got him in Somalia, and he will now face justice.
To date the FBI has systematically dismantled the โFeeding our Futureโ web of corruption and arrested over 70 members in the case - we will continue working every single day to wipe out fraud across the country.
๐จActor Kelsey Grammer just revealed President Trump asked him how his 8 children are doing during their meeting yesterday.
"[Trump] is... charming & all of the things you'd want your president to be."
Trump doesn't get enough credit for how kind he is.
@VivaLaAmes11 I was telling my daughter (that lived in Italy for a bit) about the time Gilly escaped and ran across the airport tarmac! What an adventure you all have had!