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Wednesday, April 18, 2012

Professor Obama Gets An F

Last week President Obama made some rather shocking comments at a press conference regarding the Supreme Court's deliberation on the constitutionality of the Patient Protection and Affordable Care Act, or Obamacare. His comments belie a grasp of constitutional concepts so lacking that perhaps the University of Chicago Law School should offer a refund to any students "taught" constitutional law by then-Professor Obama!

He said, "Ultimately, I'm confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress." It almost sounds as if he believes the test of constitutionally is whether a majority approves of the bill, as opposed to whether the legislation lies within one of the express powers of the federal government. In fact, the very design of the Constitution, with power split amongst two branches of the legislature which write the laws, an executive who administers the laws and an independent judiciary which resolves disputes regarding meaning of the laws, was designed to thwart popular will and preserve liberty.

President Obama continued in his comments, "For years, what we've heard is the biggest problem on the bench was judicial activism or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law. Well, there's a good example, and I'm pretty confident that this court will recognize that and not take that step."

President Obama seems to misunderstand that the criticism of an activist judiciary is not that it is overturning unconstitutional federal laws, but instead that it is usurping the authority to intervene in areas, such as abortion, where the Constitution reserves authority to the states. In fact, upholding clearly unconstitutional laws such as Obamacare because the justices bowed to the "will of the people" or believed the individual mandate was good social policy could be considered an example of judicial activism.

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5 comments:

Anonymous said...

Did you know that the House Republicans blocked the EPA from banning lead in ammunition and fishing tackle? Yes, the EPA was trying to destroy the 2nd amendment by regulating ammunition. Wake up America.

Anonymous said...

Bow down you slaves and worship King Obama and kiss Queen Obama's ring.

Anonymous said...

ONE WORD

REVOLUTION

Anonymous said...

Our leader has a problem with an unelected group of people standing in the way of his unconstitutional legislation. How about his FDA czar,his EPA czar and his housing czar.Who elected these people that have made policy without discussion in congress.I'm sorry,Alfred E Newman Jr you can't have it both ways.

Anonymous said...

1:49... Bring it on you treasonous coward. See what happens to you.