President Obama, employing his strongest language to date on the Supreme Court review of the federal health care overhaul, cautioned the court Monday against overturning the law — while repeatedly saying he’s “confident” it will be upheld….The president, adopting what he described as the language of conservatives who fret about judicial activism, questioned how an “unelected group of people” could overturn a law approved by Congress
The Supreme Court is merely “an unelected group of people”?! Well, yes, that’s the way the Constitution sets it up, the last time I looked. Article II Section 2, and Article III section 1. Of course if one has the view that anything that limits the grandiose sweep of executive power is a mere archaism that should be ignored at will, then this WOULD be annoying. (Tough rocks, B.O. – you’re not First General Party Secretary, or Reichsfuhrer…at least not yet!)
AS for the bit about “judicial activism”…there is also a fundamental error in that also. “Judicial activism” is extending the Constitution to say or do something that is beyond the bounds of what is Constitutionally stated as being a part of the powers granted to the government. It is NOT, as in the present case, applying the standard of the Constitution to determine whether an act at issue is constitutionally granted. As the prez goes on with his pseudo-reasoning he then states:
“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,” Obama said.
At BEST this is wildly disingenuous; at worst he’s totally immersed in some form of governmental psychosis where his view of the reality of constitutional review, established in the early days of the republic by Justice John Marshall in Marbury v. Madison 5 US 137 (1803). Laws have been overturned on average of about every 16 months or so since then…not QUITE unprecedented OR extraordinary.
…and Obama claims to have been a constitutional scholar? Really?
If he came up with today’s comment as a submission in a H.S. history or government class that I was teaching, it would earn an “F” grade, for having missed the whole main point that applies in this situation.