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Posted at 7:50 AM on Wednesday, December 03, 2008 by David Horowitz
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Without exception my critics seem to think there is a Law that is objective and just and beyond the reach of human influence and judgment. Would that were the case. But it is not. And both conservatives and liberals understand this when the shoe is pinching their foot and not the other guy's. What conservative thinks there is a right to privacy in the Constitution that justifies abortion? And how many liberals think the 5 justices who gave the 2000 election to George Bush were not deciding the Florida case for political reasons?

If the facts in the Obama case were not in dispute it would be a different matter. No one doubts that Arnold Schwarzenegger was born in Austria to Austrian parents and therefore is ineligible to be President under our Constitutional rules. But in Obama's case the facts are in dispute and Obama -- who is now president-elect -- will dispute them. And that means that 9 unelected officials, all of whom have partisan allegiances, will decide those facts and therefore decide whether he is to be president. So the real question is what would be the political consequences of having 9 justices -- and more likely 5 justices -- overturn the will of 64 million voters.

Consider the bitterness, the pathological hatred of Bush, the sabotage of America's war effort by Democrats who believed that his election was illegitimate. Consider the 2 month delay this caused in the transition to the new administration and how that affected our inability to prevent 9/11 (the comprehensive counter-terrorism plan commissioned by Bush arrived on his desk on 9/10). We are fighting wars on two fronts. The attack on Mumbai is a reminder that the same could happen here at any moment. Do we have the luxury of a fratricidal conflict within our borders?

Before my critics jump in and lecture me again about the Rule of Law, consider that you might be wrong about the facts of Obama's birth or at least that the 64 million people who voted for him will not be persuaded by 5 Supreme Court justices that you are right. Then think again about the political consequences of that..

David Horowitz is the founder of The David Horowitz Freedom Center and author of the new book, One Party Classroom.

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