Wednesday, April 4, 2012

President Obama: You will uphold... or else!

For someone who, at one point, supposedly taught constitutional law, President Obama doesn't have a clue about the process of checks and balances. He criticized the Supreme Court yesterday saying that "unelected judges" have no authority to overturn laws that have been passed by Congress. Really, Mr. President? Are you sure?



I'm not sure what the Harvard Law School curriculum is, but I do know they teach the landmark case Marbury v. Madison. This case determined that the Supreme Court does have the power to review any laws passed by Congress to actuate its constitutionality. I wonder if the president attended class that day...

The case to decide the fate of the Affordable Care Act, otherwise known as Obamacare, is politically significant for the president. The decision will have a direct impact on his re-election. It makes perfect sense that he is out defending his bill. He understands the importance. However, is antagonizing and insulting the Supreme Court the right way to do it?

Absolutely not.

In fact, this could affect the court's decision regarding the health care law. I mean, think logically for a second. Would you insult someone who literally had your political destiny in their hands? I sure wouldn't. But some think Obama is using intimidation and threats to get his way. Texas Republican Lamar Smith believes that "the President is trying to intimidate the Supreme Court and to that extent is trying to politicize the process."

This offended some in the judicial community. If it doesn't offend all, then something is wrong. But one judge in particular, Fifth Circuit Court of Appeals Judge Jerry E. Smith, took it personally.

He said that President Obama's statements "trouble a number of people who have read it somehow as a challenge to the federal courts or to their authority or to the appropriateness of the concept of judicial review". Judge Smith was so disturbed by the comments, he felt it necessary to issue an assignment -- due tomorrow afternoon -- to the Justice Dept. that "makes specific reference to president's statement" and the official position of the attorney general regarding judicial review. The assignment is a three-page, single spaced memorandum.

I applaud Judge Smith for standing up to the challenge. The president needs a reminder of his limited constitutional power.

This administration's lust of power is starting to scare me. First, it's the National Defense Authorization Act which allows the president to declare martial law, arrest American citizens without a formal charge, and detain these same individuals without due process. Then, a bill is enacted into law (the name of the bill escapes me) that restricts citizens from protesting near or inside buildings which are occupied by anyone with secret-service protection. Now he's going to tell the Supreme Court that they will abide by actions of Congress -- a Democratic congress. In fact, when the health care law was passed, not a single House or Senate Republican voted for it. The overwhelming majority shoved this "law" down the American people's throats.

I hope the Supreme Court, in spite of the president's threats, vote unanimously to overturn the law. I know I'm asking for a long shot, but it's possible.

Yet I see this as a sign. President Obama is desparate; scared, his back against the wall. Otherwise he would have no need to make public remarks in an attempt to persuade voters the Supreme Court is wrong. If we had even a sliver of evidence that revealed the Supreme Court upholding the law, there would not be a firestorm in the media.

The president is in the wrong. His comments show a lack of respect for the structure of our government. It's apparent he wants as much power as possible. It gets me thinking that maybe the rumors are true - maybe President Obama is a communist. A bit unfair, I know. But revisiting history, every communist regime has controlled - and oppressed - large portions of their population by obtaining absolute power. It is my belief that President Obama's actions are beginning to broadcast his true intentions and his idea of "change" for this country.

REFERENCES:
Fox Nation. (April 3, 2012). Obama takes aim at Supreme Court, calls them 'unelected group of people'. Retrieved April 4, 2012 from http://nation.foxnews.com/president-obama/2012/04/02/obama-slams-activist-supreme-court-calls-them-unelected-group-people

Borchers, Callum. (April 4, 2012). Federal judge orders Justice Dept. to acknowledge courts' power. Retrieved from April 4, 2012 from http://bostonglobe.com/news/politics/2012/04/04/federal-judge-orders-justice-department-acknowledge-courts-power-after-president-obama-says-supreme-court-should-not-overturn-health-care-law/SWIxHnFAhE6LU9EtEU5t7M/story.html


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