by Big Dog on Apr 3, 2012 at 12:13 Political
The Supreme Court heard arguments in the case against Obamacare and the initial impressions from most thinking people are that it will not stand. The impression is that the individual mandate will not pass Constitutional muster and that the entire law might be struck down. The left realizes this and has begun its attacks. They have been chastising Justices for being unwilling to read a 2700 page law to determine which parts can be saved.
This anger comes from the same people who did not read it before they voted to pass it.
There is speculation that Obama already knows how things will shake out and I think that if he does it is because Justice Kagan leaked the results of the vote to him.
He made his first public statements on the issue yesterday and he discussed how it would be unprecedented for this law to be ruled unconstitutional. He discussed how justices are unelected and he said that the bill was passed by a “strong majority” in Congress.
This is all bluster and to me indicates he knows how the vote went and he is positioning himself to run against the Republicans who challenged this and the “activist” court that threw it out.
The Constitution is the Supreme Law of the Land, period. In that document the Supreme Court is charged with making sure the actions of the Executive and Legislative branches are within the confines of it. The Court is not activist if it rules that the Constitution was violated. An activist court is one that makes its own rules or laws. One that follows the Constitution is not activist no matter how much Obama claims it is. It would be an activist Court if it went through the legislation and decided piece by piece which parts are OK. That is for Congress to do. The Court only needs to decide Constitutionality of the mandate and then decide to scrap the entire law or not. Congress should handle the aftermath.
It also matters not one bit how many members of Congress voted to pass a bill. If every single member voted to pass a bill establishing the Catholic Church as the official church of the United States it would be unconstitutional. You can bet that Obama and every other person screaming about the majority in Congress who passed Obamacare would be lining up to oppose such a ruling because it violates the First Amendment to the Constitution. Obama would not say the Court should not overturn it because it was passed by a strong majority, he would be screaming about violating the Constitution.
We have a Supreme Court to ensure that majorities of any kind do not violate the Constitution and pass laws that affect people in violation of our law. That is their function and they are tasked with that duty.
One thing is certain; the number of members of Congress who voted on something is not a criterion the Court uses to determine if an item is Constitutional.
James Clyburn (D-SC) has suggested that Obama run against the Supreme Court. As Obama pointed out, they are unelected but his public statements leave the impression he is doing just that.
Perhaps, but it will do him no good. If Obama is concerned with majorities, a large majority of Americans (larger than the majority that passed Obamacare) oppose Obamacare and those folks will not be swayed by some argument that runs contrary to the idea that the Supremes upheld the Constitution.
Liberals will generally support Obama but are fed up with high unemployment and gas prices so they might stay home on Election Day.
Blacks, of course, will support him in overwhelming numbers no matter what he does.
The important take away is that the Constitution trumps all other items and that the Supremes are tasked with ensuring that document is upheld by the other two branches of government. This is why Obama does not like the Constitution and why he feels it is an outdated document.
It is also why he ignores it.
The true activists on the Court are the liberal justices whose work involves social engineering. They do not follow the Constitution and they work to uphold liberal ideas with little regard for the Constitution.
These justices Obama does not refer to as activists.
Obama says rejection would be unprecedented but he is wrong (hyperbole anyone). I would like to say it is unprecedented that something that is so obviously unconstitutional would go down to a 5-4 ruling.
Sadly, a 5-4 ruling is the norm as liberals ignore the Constitution in favor of social engineering.
Obama is proud of them even if he does not understand the Constitution.
Maggie’s Notebook has an interesting article.
The Daily Caller has an article about Obama’s hollow threat to the Supremes…
Never surrender, never submit.
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