Former Judge Burke: Understanding the Supreme Court’s decision in Texas’ election suit

ORDER IN PENDING CASE 155, ORIG. TEXAS V. PENNSYLVANIA, ET AL. "The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.
Yeah. That's exactly what I said.

I disagree, but being honest, I can't say that the decision is so wrong that something suspicious is afoot.

The real question comes down to why no other lawsuit was heard by the SCOTUS....at all. That's where you need to be outraged.
 
Yeah. That's exactly what I said.
I disagree, but being honest, I can't say that the decision is so wrong that something suspicious is afoot.

Well then, unlike the Court failing to explain their reasoning which concluded Texas had not demonstrated a "judicially cognizable interest in the manner in which another State conducts its elections", perhaps you can shed some light on, and your reasoning as to why the decision is not glaringly wrong. I certainly did not hesitate to explain my reasoning for condemning the Court's Order. I wrote:

"The assertion that Texas had not demonstrated a "judicially cognizable interest in the manner in which another State conducts its elections", when the charges set forth in the Texas brief and complaint summarize and detail both illegal and fraudulent election practices in not one, but in four States ___ practices which undeniably violate our federal Constitution and have corrupted the outcome of a federal election ___ most certainly do demonstrate a judicially cognizable interest, not only for the State of Texas, but for the entire United States, her citizens, and their very democratic system of government.

As succinctly stated by a noteworthy Justice of our Supreme Court eighty years ago, when acts of corruption infect a federal electoral process in one state "they transcend mere local concern and extend a contaminating influence into the national domain" _
__ Justice DOUGLAS in United States v. Classic (1941)".


JWK

When it comes to healthcare, our communist/socialist democrat revolutionary leaders have no moral compass whatsoever. They refuse to make the distinction between CHARITABLE GIVING and tax tyranny to support the healthcare needs of millions of foreign nationals who have invaded America’s borders.
 
See: Understanding the Supreme Court’s decision in Texas’ election suit

View attachment 444335

Former Judge Kevin S. Burke



Retired Judge Burke, in his desire to condone the undermining of our federal elections in which a number of States engaged in corrupted election practices, quotes Wyoming Republican Gov. Mark Gordon as succinctly saying, “The relief that Texas seeks would undermine a foundational premise of our federalist system: the idea that states are sovereigns, free to govern themselves. The courts have no more business ordering the People’s representatives how to choose their electors than they do ordering the People how to choose their dinners.”



Of course, both Burke and Gov. Gordon suspiciously ignore that our federal Constitution does indeed provide a number of agreed upon orders with respect to federal elections. Aside from the order contained in the “Elector’s clause” of our Constitution, that “Each State shall appoint, in such Manner as the Legislature thereof may direct a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress …” etc., see e.g.:



Our Constitution by its 14th Amendment provides a penalty for an abridgement of the right to vote, making an abridgement federally protected.



By our Constitution’s 15th Amendment, the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.



By the 19th Amendment the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.



By the 24th Amendment the right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reasons of failure to pay any poll tax or other tax.



And by the 26th Amendment, the right of citizens of the United States, who are 18 years of age or older, to vote shall not be denied or abridged by the United States or by any state on account of age.



And so, both Burke and Gov. Gordon’s assertion, that “The courts have no more business ordering the People’s representatives how to choose their electors than they do ordering the People how to choose their dinners”, is a gross misrepresentation of our nation’s rule of law.



So, what actually constitutes an abridgement of the right to vote, with respect to a federal election? That is the fundamental question to be answered ___ a question which our Supreme Court refused to address when failing to give an evidentiary hearing to the Texas BILL OF COMPLAINT



If a State’s employees who count federal election results are free to count illegal ballots ___ ballots which do not meet the State’s adopted voting requirements and restrictions ___ would that constitute an “abridgement” of the federally protected right to vote? The answer to this question is an obvious resounding ‘Yes”, as each illegal ballot counted in a state would in effect cancel out other Citizen’s legally casts ballots in that State, and thus be an infringement.



But there is a more important observation concerning the allowance by a state to engage in illegal and corrupted voting practices with respect to federal elections, as distinguished from elections which a local. Allowing Illegal voting practices and corruption with regard to federal elections in one state, or a number of states, creates a cognizable injury and threat to the remaining states and to our very democratic system of government!



Indeed! The corruption of a federal election in one state is without question an assault and cognizable injury upon the entire United States, her democratic system of government, and her citizens.



As succinctly stated by a Justice of our Supreme Court ___ when acts of corruption infect a federal electoral process in one state "they transcend mere local concern and extend a contaminating influence into the national domain" ___ Justice DOUGLAS in United States v. Classic (1941).



Former Justice Burke, as witnessed by his absurd commentary, is an indication of how shallow minded thinking is eroding the rule of law and the miracle created by our Founding Fathers.





JWK



When our federal judicial system ignores our written Constitution and assents to legislative acts contrary to our supreme law of the land, it not only opens the door to anarchy, but participates in such treachery.

You are so much bullshit.

The Supreme Court was right to not interfere. No court found any evidence of fraud. If anyone was denied the right to vote, it was actions taken by Trump. His attempt to slow down the postal service probably resulted in some votes not arriving on time. Then Trump attempted to throw out the votes of people who voted.

There is no evidence any illegal votes were cast or any corruption.
 
Texas has no business how Pennsylvania conducts their elections.

No Dog in the fight


But they [Texas] do have an interest here, as it was the PA Supreme Court that interfered with the PA Legislatures' enactments, and only a state legislature has the power over their state's electors. Nowhere is any court granted any authority that will alter the matter decided upon by the state legislatures; that power given to the state legislatures is plenary and only Congress can amend it. That is per the Constitution.

The federal courts also recognize that state courts have the right to interpret the constitution of that state. The Supreme Court never took up the case in Pennsylvania so they did not make any ruling.
 
Yeah. That's exactly what I said.
I disagree, but being honest, I can't say that the decision is so wrong that something suspicious is afoot.

Well then, unlike the Court failing to explain their reasoning which concluded Texas had not demonstrated a "judicially cognizable interest in the manner in which another State conducts its elections", perhaps you can shed some light on, and your reasoning as to why the decision is not glaringly wrong. I certainly did not hesitate to explain my reasoning for condemning the Court's Order. I wrote:

"The assertion that Texas had not demonstrated a "judicially cognizable interest in the manner in which another State conducts its elections", when the charges set forth in the Texas brief and complaint summarize and detail both illegal and fraudulent election practices in not one, but in four States ___ practices which undeniably violate our federal Constitution and have corrupted the outcome of a federal election ___ most certainly do demonstrate a judicially cognizable interest, not only for the State of Texas, but for the entire United States, her citizens, and their very democratic system of government.

As succinctly stated by a noteworthy Justice of our Supreme Court eighty years ago, when acts of corruption infect a federal electoral process in one state "they transcend mere local concern and extend a contaminating influence into the national domain" _
__ Justice DOUGLAS in United States v. Classic (1941)".


JWK

When it comes to healthcare, our communist/socialist democrat revolutionary leaders have no moral compass whatsoever. They refuse to make the distinction between CHARITABLE GIVING and tax tyranny to support the healthcare needs of millions of foreign nationals who have invaded America’s borders.

The federal courts found no evidence that any fraud occurred in any state. End of your argument.
 
Ruling on what? Duh

The assignment of Pennsylvania electors is none of Texas’s business.

The 6-3 Conservative SCOTUS laughed at Texas


Yeah, you are either completely ignorant of the PA Supreme Court ruling, which interfered with the PA Legislatures' plenary power over the electors.

No it did not. The Pennsylvania Supreme Court has the right to interpret the state constitution. State legislatures do not have the right to violate the state constitution.
 
Yeah. That's exactly what I said.
I disagree, but being honest, I can't say that the decision is so wrong that something suspicious is afoot.

Well then, unlike the Court failing to explain their reasoning which concluded Texas had not demonstrated a "judicially cognizable interest in the manner in which another State conducts its elections", perhaps you can shed some light on, and your reasoning as to why the decision is not glaringly wrong. I certainly did not hesitate to explain my reasoning for condemning the Court's Order. I wrote:

"The assertion that Texas had not demonstrated a "judicially cognizable interest in the manner in which another State conducts its elections", when the charges set forth in the Texas brief and complaint summarize and detail both illegal and fraudulent election practices in not one, but in four States ___ practices which undeniably violate our federal Constitution and have corrupted the outcome of a federal election ___ most certainly do demonstrate a judicially cognizable interest, not only for the State of Texas, but for the entire United States, her citizens, and their very democratic system of government.

As succinctly stated by a noteworthy Justice of our Supreme Court eighty years ago, when acts of corruption infect a federal electoral process in one state "they transcend mere local concern and extend a contaminating influence into the national domain" _
__ Justice DOUGLAS in United States v. Classic (1941)".


JWK

When it comes to healthcare, our communist/socialist democrat revolutionary leaders have no moral compass whatsoever. They refuse to make the distinction between CHARITABLE GIVING and tax tyranny to support the healthcare needs of millions of foreign nationals who have invaded America’s borders.

The federal courts found no evidence that any fraud occurred in any state. End of your argument.
But Trump says otherwise

So an attack on Congress is warranted
 
Texas has no business how Pennsylvania conducts their elections.

No Dog in the fight


But they [Texas] do have an interest here, as it was the PA Supreme Court that interfered with the PA Legislatures' enactments, and only a state legislature has the power over their state's electors. Nowhere is any court granted any authority that will alter the matter decided upon by the state legislatures; that power given to the state legislatures is plenary and only Congress can amend it. That is per the Constitution.

The federal courts also recognize that state courts have the right to interpret the constitution of that state. The Supreme Court never took up the case in Pennsylvania so they did not make any ruling.
States also have the right to set the rules of their election

Even if Texas thinks otherwise
 
No it hasn't been. I can refute that Tampa Bay won tonight but it's meaningless.

It most certainly has been refuted in the OP. And your failure to explain why corruption ___ as described in a federal election, and in the States mentioned in the Texas Bill of Complaint ___ is not a judicially cognizable question, is quite revealing. Just as is the Supreme Court's failure to explain this, is likewise quite revealing, especially when the Supreme Court has original jurisdiction and the State of Texas, 17 other States, and 76 million people have nowhere to go to find this answer and to satisfy a redress of grievances as put forth in the Texas Bill of Complaint.

JWK

When our federal judicial system ignores our written Constitution and assents to legislative acts contrary to our supreme law of the land, it not only opens the door to anarchy, but participates in such treachery.

There was no corruption.

So, once again you fail to explain why corruption ___ as described in a federal election, and in the States mentioned in the Texas Bill of Complaint ___ is not a judicially cognizable question.

You apparently have ignored the Texas Bill of Complaint which lays out the various forms of corruption and illegal vote activities in the defendant states.

JWK
When our federal judicial system ignores our written Constitution and assents to legislative acts contrary to our supreme law of the land, it not only opens the door to anarchy, but participates in such treachery.

No federal court has found any evidence of corruption or illegal vote activities. There has to be evidence and a state saying it happened does not make it so.
 
It's still a question of standing.

I believe that, under the circumstances, all states (including Texas) have a justiciable interest in whether other states within the Union conduction their presidential elections pursuant to the constitution.

The Court disagreed, and had reasonable grounds for doing so. Both positions are reasonable. The Court had to decide.

Actually, it appears exceptionably suspicious, at least to reasonable and thinking people, if the Supreme Court had rational grounds for refusing to hear the Texas Lawsuit, supported by 17 other States, and perhaps 76 million American Citizens, it would have explained its reasoning for issuing the following order:

ORDER IN PENDING CASE 155, ORIG. TEXAS V. PENNSYLVANIA, ET AL. "The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.

Statement of Justice Alito, with whom Justice Thomas joins:

In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. See Arizona v. California, 589 U. S. ___ (Feb. 24, 2020) (Thomas, J., dissenting). I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue."


The assertion that Texas had not demonstrated a "judicially cognizable interest in the manner in which another State conducts its elections", when the charges set forth in the Texas brief and complaint summarize and detail both illegal and fraudulent election practices in not one, but in four States ___ practices which undeniably violate our federal Constitution and have corrupted the outcome of a federal election ___ most certainly do demonstrate a judicially cognizable interest, not only for the State of Texas, but for the entire United States, her citizens, and their very democratic system of government.

As succinctly stated by a noteworthy Justice of our Supreme Court eighty years ago, when acts of corruption infect a federal electoral process in one state "they transcend mere local concern and extend a contaminating influence into the national domain" ___ Justice DOUGLAS in United States v. Classic (1941).

The contention that the Court had "reasonable grounds" to assert Texas had not demonstrated a "judicially cognizable interest in the manner in which another State conducts its elections" holds true had the election been of local concern, and not a federal electoral event. Of course, the Court has yet to explain the "reasonable grounds" you suggest exists.

Unfortunately, it seems plain as day that our Supreme Court members not only engaged in nonfeasance, but also spat upon our Constitution, 18 States and 76 million people, when they refused to entertain a redress of grievances, give an evidentiary hearing to the Texas BILL OF COMPLAINT, listen to sworn witnesses and evaluate evidence, in a case of grave and national importance, and a case only they have original jurisdiction over.

JWK

When our federal judicial system ignores our written Constitution and assents to legislative acts contrary to our supreme law of the land, it not only opens the door to anarchy, but participates in such treachery.

All that says is that the case should have been heard. They did not suggest vthey would graqnt any relief. What that says is at least 7 of the justices would not support this ridiculous case. You are the one who is spitting on the Constitution. You want to throw out the votes of millions of people. You had ample opportunity to present evidence and you could not provide any evidence. The Supreme Court is not a evidentiary court. They resolve constitutional issues.
 
See: Understanding the Supreme Court’s decision in Texas’ election suit

View attachment 444335

Former Judge Kevin S. Burke



Retired Judge Burke, in his desire to condone the undermining of our federal elections in which a number of States engaged in corrupted election practices, quotes Wyoming Republican Gov. Mark Gordon as succinctly saying, “The relief that Texas seeks would undermine a foundational premise of our federalist system: the idea that states are sovereigns, free to govern themselves. The courts have no more business ordering the People’s representatives how to choose their electors than they do ordering the People how to choose their dinners.”



Of course, both Burke and Gov. Gordon suspiciously ignore that our federal Constitution does indeed provide a number of agreed upon orders with respect to federal elections. Aside from the order contained in the “Elector’s clause” of our Constitution, that “Each State shall appoint, in such Manner as the Legislature thereof may direct a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress …” etc., see e.g.:



Our Constitution by its 14th Amendment provides a penalty for an abridgement of the right to vote, making an abridgement federally protected.



By our Constitution’s 15th Amendment, the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.



By the 19th Amendment the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.



By the 24th Amendment the right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reasons of failure to pay any poll tax or other tax.



And by the 26th Amendment, the right of citizens of the United States, who are 18 years of age or older, to vote shall not be denied or abridged by the United States or by any state on account of age.



And so, both Burke and Gov. Gordon’s assertion, that “The courts have no more business ordering the People’s representatives how to choose their electors than they do ordering the People how to choose their dinners”, is a gross misrepresentation of our nation’s rule of law.



So, what actually constitutes an abridgement of the right to vote, with respect to a federal election? That is the fundamental question to be answered ___ a question which our Supreme Court refused to address when failing to give an evidentiary hearing to the Texas BILL OF COMPLAINT



If a State’s employees who count federal election results are free to count illegal ballots ___ ballots which do not meet the State’s adopted voting requirements and restrictions ___ would that constitute an “abridgement” of the federally protected right to vote? The answer to this question is an obvious resounding ‘Yes”, as each illegal ballot counted in a state would in effect cancel out other Citizen’s legally casts ballots in that State, and thus be an infringement.



But there is a more important observation concerning the allowance by a state to engage in illegal and corrupted voting practices with respect to federal elections, as distinguished from elections which a local. Allowing Illegal voting practices and corruption with regard to federal elections in one state, or a number of states, creates a cognizable injury and threat to the remaining states and to our very democratic system of government!



Indeed! The corruption of a federal election in one state is without question an assault and cognizable injury upon the entire United States, her democratic system of government, and her citizens.



As succinctly stated by a Justice of our Supreme Court ___ when acts of corruption infect a federal electoral process in one state "they transcend mere local concern and extend a contaminating influence into the national domain" ___ Justice DOUGLAS in United States v. Classic (1941).



Former Justice Burke, as witnessed by his absurd commentary, is an indication of how shallow minded thinking is eroding the rule of law and the miracle created by our Founding Fathers.





JWK



When our federal judicial system ignores our written Constitution and assents to legislative acts contrary to our supreme law of the land, it not only opens the door to anarchy, but participates in such treachery.

You are so much bullshit.

The Supreme Court was right to not interfere. No court found any evidence of fraud. If anyone was denied the right to vote, it was actions taken by Trump. His attempt to slow down the postal service probably resulted in some votes not arriving on time. Then Trump attempted to throw out the votes of people who voted.

There is no evidence any illegal votes were cast or any corruption.


I see you failed to refute anything mentioned in the post you quoted, so it seems safe to assume you are here to troll rather then engage in a productive discussion.

JWK

You bet Raphael Warnock and Jon Ossoff have won. Every parasitic rat found their way to the voting booth to vote to get their piece of “free government cheese”, just as they did in Venezuela and Cuba, and now suffer the poisonous consequences of their actions.
 
Yeah, you are either completely ignorant of the PA Supreme Court ruling, which interfered with the PA Legislatures' plenary power over the electors.
In a presidential election every state has reason to see to it that five or six crucial swing states
do not violate their own laws so voters in Texas, and those twenty-two other states that signed onto
the Texas suit, don't become disenfranchised and have their Constitutional rights nullified (which is precisely what happened thanks to Georgia, Pennsylvania, Michigan, etc.).

If Texas has no standing when it's citizens are being legally raped then who does have standing
in any crime?

Judge Kevin Burke is frankly either completely unfamiliar with what actually happened in Pennsylvania
or is cynically and criminally giving cover to those that stole the 2020 presidential election.

Texas had good reason to sue and the Supreme Court became an accomplice in the theft of the election.
Co-conspirators in robes made the theft of the election a possibility.
 
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The federal courts found no evidence that any fraud occurred in any state. End of your argument.

The Supreme Court never gave a hearing to the Texas Bill of Complaint, reviewed evidence, nor listened to sworn witnesses who experienced fraud and corruption taking place.

The charges of fraud and corruption in the election will remain until they are refuted.

Did you know the Supreme Court of Pennsylvania all but confirmed the illegality of no-excuse mail in voting which took place in Pennsylvania?


Read the Justices' CONCURRING AND DISSENTING STATEMENT [LINK] which indicates The Act of October 31, 2019, P.L. 552, No. 77. is un-constitutional.


CHIEF JUSTICE SAYLOR

Filed: November 28, 2020



"I agree with the majority that injunctive relief restraining certification of the votes of Pennsylvanians cast in the 2020 general election should not have been granted and is unavailable in the present circumstances. As the majority relates, there has been too much good-faith reliance, by the electorate, on the no-excuse mail-in voting regime created by Act 77 to warrant judicial consideration of the extreme and untenable remedies proposed by Appellees.1 Accordingly, I join the per curiam Order to the extent that it vacates the preliminary injunction implemented by the Commonwealth Court.2

That said, there is a component of Appellees’ original complaint, filed in the Commonwealth Court, which seeks declaratory relief and is unresolved by the above remedial assessment. Additionally, I find that the relevant substantive challenge raised by Appellees presents troublesome questions about the constitutional validity of the new mail-in voting scheme." 3

One of Appellants’ main responses is that the citizenry, and perhaps future generations, are forever bound by the Legislature’s decision to insert, into Act 77 itself, a 180-day time restriction curtailing challenges to the substantive import of the enactment. See Act of Oct. 31, 2019, P.L. 552, No. 77, §13(3). However, I find this assessment to be substantially problematic.4 Further, as Appellees observe, ongoing amendments to an unconstitutional enactment so insulated from judicial review may have a compounding effect by exacerbating the disparity between what the Constitution requires and the law as it is being enforced. Thus, Appellees raise a colorable challenge to the viability of this sort of limitation, which can result in effectively amending the Constitution via means other those which the charter itself sanctions. See PA. CONST., art. XI (Amendments).

To the degree that Appellees wish to pursue this challenge in the ordinary course, upon the realization that their proposed injunctive remedies will be considered no further, I would allow them to do so in the Commonwealth Court upon a remand. In this regard, relative to the declaratory component of the request for relief, I also would not invoke the doctrine of laches, since the present challenge arises in the first election cycle in which no-excuse mail-in voting has been utilized. Moreover, “laches and prejudice can never be permitted to amend the Constitution.” Sprague v. Casey, 520 Pa. 38, 47, 550 A.2d 184, 188 (1988).

Consistent with my position throughout this election cycle, I believe that, to the extent possible, we should apply more ordinary and orderly methods of judicial consideration, since far too much nuance is lost by treating every election matter as exigent and worthy of this Court’s immediate resolution. In this respect, I would honor the Commonwealth Court’s traditional role as the court of original and original appellate jurisdiction for most election matters. Finally, I am decidedly against yet another award of extraordinary jurisdiction at the Secretary’s behest.

Justice Mundy joins this Concurring and Dissenting Statement."


1611183424931.png

JWK


Our government, once of the people, by the people and for the people, has been transformed into a government of politicians, by politicians and for politicians . . . witness the latest influence peddling fortune being made by the Biden criminal enterprise family.
 
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All that says is that the case should have been heard. They did not suggest vthey would graqnt any relief. What that says is at least 7 of the justices would not support this ridiculous case. You are the one who is spitting on the Constitution. You want to throw out the votes of millions of people.
Ironic as you're throwing out
the votes of even more citizens by letting Georgia, Pennsylvania, Michigan, etc. illegally make their own
election law so to harvest more democrat votes.


You had ample opportunity to present evidence and you could not provide any evidence. The Supreme Court is not a evidentiary court. They resolve constitutional issues.
You presumption is no evidence was presented. You have no proof at all of what you claim.
The Supreme Court still needs evidence when a case comes to them, regardless of what you claim.
Lord John Roberts dismissed the Texas suit on the basis of complete bullshit (the Supreme Court is not the proper venue for one state to sue other states? Ridiculous! That's precisely the place where such cases
are resolved). Roberts is a liar and not even a good one.
Bush sure knew what he was doing when he put this globalist watch dog on the court.

Roberts knew better
than to even consider the case...the die was cast for over sixty law suits brought by Trump.
NOT A SINGLE ONE was taken up by any court on the merits of the case. Crooks in robes covered up
democrat crimes.
 
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Lord John Roberts dismissed the Texas suit on the basis of complete bullshit (the Supreme Court is not the proper venue for one state to sue other states? Ridiculous! That's precisely the place where such cases are resolved). Roberts is a liar and not even a good one. Bush sure knew what he was doing when he put this globalist watch dog on the court.

Roberts knew better than to even consider the case...the die was cast for over sixty law suits brought by Trump. NOT A SINGLE ONE was taken up by any court on the merits of the case. Crooks in robes covered up democrat crimes.

I wonder how he faces his wife and children, knowing he is doing the dirty work for some notoriously evil actors.

JWK

When our federal judicial system ignores our written Constitution and assents to legislative acts contrary to our supreme law of the land, it not only opens the door to anarchy, but participates in such treachery.
 

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