If I ever had the misfortune of paying to be taught about Constitutional law by the now-President Barack Hussein Obama, I think I would be demanding a refund:
The president spoke at length about the case at a joint press conference with the leaders of Mexico and Canada. 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.
"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.
[...]
"I’m confident that this will be upheld because it should be upheld," Obama said, describing the law as "constitutional."
*sigh* Where to start?
1. Tautologies are not arguments; in fact, if you look at the definition, it says, "needless repetition of an idea, especially in words other than those of the immediate context, without imparting additional force or clearness, as in “widow woman.”" Furthermore, "proof by vigorous assertion" is a logical fallacy that is tantamount to simply talking over your dissenters and trying to drown them out.
2. The President’s opinion as to whether or not a law should be upheld or whether or not it is Constitutional is frankly irrelevant at this point in the game. Hell, that office’s opinion on the Constitutionality of a specific law is pretty much irrelevant at any point in the game. I would like to believe that the President would never sign a law he knows to be unconstitutional, but damned if I can bring myself to honestly believe that.
3. Which brings us to Article III, Sections 1 and 2 of the United States Constitution – a document with which Our Glorious President is supposedly well-versed:
Article III.
Section. 1.
The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.
Section. 2.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;– between a State and Citizens of another State,–between Citizens of different States,–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
(Emphasis added.)
The Supreme Court’s explicit job, as spelled out by the governing document of our nation, is exactly to decide on the merits of a law if the case is brought before them and they accept it. In this particular case, it was appealed through lower courts until it was received by the Justices, and here we are today. It is tremendously concerning that Our Glorious President does not understand the concept of "checks and balances" or the role of one of the three branches of our government.
4. "Majority" does not mean "right". "Democratically elected" does not mean "best men for the job".
5. Yes, the Supreme Court Justices are an "unelected group of people". And? Here is a hint to the retired "Constitutional scholar" currently occupying the Office of the President: that is the way the system is SUPPOSED to work. As Marko points out, if the Justices were faced with the spectre of answering to the populace over their rulings, there would be no point in having a Supreme Court to begin with; the end result would be the same – mob rule. And, I know this comes as a shock to you, but the Founding Fathers were NOT fond of mob rule. In fact, they were not fond of "democracy" either… which is why America is a republic.
6. And finally, the "Patient Protection and Affordable Care Act" passed in the House with a 219-212 vote and passed in the Senate with a 60-39 vote – a majority, yes, but hardly a "strong" one. On the other hand, in 1933, the "National Industrial Recovery Act" passed in the the House with a vote of 325-76 and in the Senate with a vote of 58-24; now we are getting into the "resounding" realm. Also in 1933, the "Agricultural Adjustment Act" passed in the House 315-98 and in the Senate 64-20; again, a larger margin than Obamacare.
So what do the latter two laws have in common? Well, they were both ruled unconstitutional by the United States Supreme Court; the former in 1935 on the basis of "void for vagueness" and "overbroad" delegation of authority to the Executive Branch, and the latter in 1936 for effectively robbing Paul to pay Peter.
In other words, Our Glorious President referring to the possibility of his "health care" law being ruled unconstitutional as an "unprecedented, extraordinary step" on the basis of the majority of Congress endorsing it is simply a bald-faced lie. And if he lied about something as stupidly easy to check up on as that, what else has he lied about?
And here I am, not even a Constitutional scholar, much less "teacher", schooling a supposed Constitutional law instructor and current President of the United States on how the Constitution works and what the various branches of government – including his – can, cannot, and must do. Is it any great wonder why I have next to no faith at all in the continuation of our American experiment?





All legalities aside, the chosen One is bashing the Supreme Court as unelected officials… that he’s added to. Granted, the cunts (no apologies for that, btw) he stuck in there will voice his opinion no matter what, but he’s shown he’s willing to stock the SC with people who will do his bidding and then complain about the SC WHEN IT DOESN’T AGREE WITH HIM.
Children pull this kind of shit. Thankfully, it appears some adults in the right places are calling out O’s whining. Not much, but I’ll take what I can get- O will never, never, till the end of time admit he’s being a prick about this.
http://www.cbsnews.com/8301-504564_162-57408827-504564/appeals-court-fires-back-at-obamas-comments-on-health-care-case/
I find this whole thing every bit as irritating as the Zimmerman/Martin ‘race war’.
Is it just me, or does the situation in the US look more and more like RAH’s precursor conditions for the political upheaval that formed the backdrop to “Starship Troopers”?
Question, only somewhat off-topic:
Regarding Article III, Section 2:
Can we take this to mean that if the Executive branch approves the UN’s Arms Trade Treaty and somehow
swindlesgarners enough votes in the Senate to ratify it, the SCOTUS can still strike it down? Or does precedent dictate that an international treaty is “above their Authority?”“a law that was passed by a strong majority of a democratically elected Congress”
219 Yay
212 Nay
A difference of 7 votes. How in the world does he come up with “strong majority” in this case? The media will let him get away with anything.
@ the dude: Remember – to “progressives” the Supreme Court justices are engaging in “judicial activism” when they do something the “progressives” do not like, but are just following good jurisprudence when they do something they do like. Easier that way.
And, yeah, good to see that the DoJ sat up and took notice.
@ Sendarius: I agree with wfgodbold – I am getting a definite “If This Goes On” / “Future History” vibe out of current events…
@ Archer: Per Reid v. Covert, the Supreme Court has ruled that the Constitution supersedes international treaties ratified by the United States Senate, or so Wikipedia tells me.
If I had to guess, I would say they could strike it down. Would they?
@ CAshane: Well, four votes, technically, since that is all it would take to swing the outcome the other way.
Obviously Our Glorious President has as strong a grasp on mathematics as he does the Constitution.
Linoge the judicial activism hole gets even deeper and more hilarious
http://pjmedia.com/instapundit/140199/
Meet David Dow who recently wrote an article saying that the Supremes should be Impeached if they dare knock down that law. What’s funny, is when you look at his previous works such as: “America’s Prophets: How Judicial Activism Makes America Great.”
We’re dealing with a real brain trust here.
I think that is what is really happening, now. Our supposed “betters” beclown themselves so obviously, blatantly, and so often, over Obama and his administration, that even the rubes are picking up on it.
I mean, how can anyone seriously come on TV and say that Obama didn’t mean what he said, and expect anyone but a kool-aid drinking True Believer™ to believe it?
They are the new Baghdad Bob, and they do not realize it.
@ The Jack: Really. “Impeach” Supreme Court justices because the strike down a law that you like (but somewhere around 75% of Americans hate)?
Jesus Christ on a pogo stick.
I would like to think that these people honestly do not know the rammifications of what they are driving towards, but I am finding it harder and harder to believe that as time goes on. Our country was specifically founded to prevent mob rule and minimize it as best we can, and here they come trying their damnest to make it real.
And proving themselves hypocrites in the process.
@ Mark: Selection bias compounded with confirmational bias. They surround themselves with people who tell them they are doing the right thing no matter what they are doing, and they eventually start believing what those people are telling them, regardless of whether those people are right or not.
Hell, our entire government is nothing more than one selection bias orgy after another…