President Obama took the opportunity today to show America just how great of a constitutional scholar he really is. He claimed that the individual mandate, the main point of contention sitting before the Supreme Court is constitutional. His reasoning? The healthcare bill was passed by Congress.
That was it in a nutshell.
Obama received a law degree from Harvard in 1991. John Harvard must be spinning in the grave. In 375 years that might be the dumbest thing ever to come out of the mouth of a Harvard graduate.
There are so many things fundamentally wrong with Obama’s thinking that I find it hard to pick one single starting point. Like trying to find the first brush stroke in Monet’s Water Lilies, I don’t think it can be done.
If all that was required to prove constitutionality of any law was the fact that it was passed into law then the Supreme Court would cease to have purpose. They rarely take up cases involving laws that do not get enacted into law.
“For years, what we’ve heard is the biggest problem on the bench was judicial activism or the lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law,” Obama said at a news conference. “And I’m pretty confident that this court will recognize that and not take that step.”
Yes, Mr. President, the Supreme Court can overturn a duly constituted and passed law that they found to violate the Constitution of the United States. As a constitutional scholar, you above all others should understand that the Constitution is THE law of the land that all other laws are measured against.
Most of all, in that one sentence Obama spells out exactly why the Supreme Court must rule against the Healthcare Bill. Obama believes that Government can do anything it wishes as long as it passes a law to that effect. Obama believes that if a law is passed that it is of higher importance than the Constitution based on its passage alone. No other discussion is needed, the Supreme Court is meaningless. The Justices need to show that the Constitution matters, and that the Supreme Court will decide what is and what is not constitutional. Not the President, not a singular political party.
We’ve known for a long time that Obama has problems with the Constitution. He called it a flawed document in that it placed limits on what government can do. Had Obama showed up to class occasionally, he might have learned, that the flaw he describes is actually the beauty of the document and why America is exceptional. Three branches of government, not a monarchy, certainly not a dictatorship. A Government, of the People, and by the People, was enacted to protect the rights of citizens, not to make new rights as it seemed fit, not to take rights from some and give extra rights to others, not to abridge rights in anyway. Not to redefine rights as the current social climate might dictate. The document was to tie the hands of the federal government and bind it to certain enumerated powers.
Obama doesn’t want his hands tied, doesn’t want to be bound to a document that defines his powers. Obama desires limitless powers and a Supreme Court decision against his signature legislation could crush his hopes of reelection. So what does a thug from Chicago do? Points a finger and makes a threat.
Are Supreme Court Justices unelected? They are confirmed, via vote, by those who are elected by the people (the Senate). In a way, they are elected the same way a President is elected through the Electoral College, by proxy.
I’ll give in to Obama’s little game for the time being. Now it is my turn.
Who is not elected? Czars aren’t elected, Obama had or has 38 of them.
The head of the EPA isn’t elected. The EPA just passed regulations that effectively end the construction of any new coal fired electrical plants. The American people can no longer expand the use of electricity produced by the most abundant source of energy that America has.
The head of the Dept of the Interior and the head of the Dept of Energy aren’t elected. Permits for oil exploration and drilling have been all but torn up under the Obama administration.
I could go on. Obama gives very little credit for the intelligence of average people, then again he was elected so I can understand his low regard for the country.
I on the other hand have eternal hope for America’s ability to learn from its mistakes.
A course correction is needed and in November 2012 we take back the wheel.