Obama Says He is Against Judicial Review

From our friends at RedState:

“For a guy who graduated from Harvard Law, Barack Obama is not really very well versed on his law or his legal history. Speaking out today about the Supreme Court’s review of Obamacare, Obama offered this stunning and completely ahistorical nugget:

Ultimately, 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.

Look, I’m not here to debate the finer points of Marbury v. Madison with anyone, but the fact remains that since that decision was handed down over 200 years ago, it has not exactly been “unprecedented and extraordinary” for the Supreme Court to overturn laws passed by Congress (no matter the size of the majority). In fact, it happens all the time. That is the entire point of the doctrine of judicial review, first announced in Marbury and affirmed without serious challenge ever since.”

I talked about this a little bit with Dave Elswick on KARN yesterday.  We also discussed it in this week’s episode of Patriot Talk which will be released today, but was filmed late last week.  We analyze this idea that liberals are now so disingenuously trying to purport that the Supreme Court, not Congress, is somehow operating outside of their constitutional authority.  Hilariously sad & desperate, even for Obama.

I am against judicial activism wholeheartedly, and I don’t exactly like Marbury v. Madison (“It is emphatically the province and duty of the judicial department to say what the law is.”)  But it would categorically not be ‘judicial activism’ for the court to overturn this law.  Rather this is the role of the court–to compare & contrast laws to the constitution, determining their merit.  And of course Obama & liberals have always welcomed the court’s intervention in the legislative process whenever it fit their far-left agenda.

Elswick asked me yesterday what I thought this response from Obama indicates.  In my opinion, it shows true fear & desperation.  He knows the law is going to be stricken down and he has already begun bleating his campaign mantra of “it’s the court’s fault!”

If Obama has been consistent in anything, it has been in his constant shifting of blame for the crises he has created.

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4 comments

  1. elizabethnokleby

    lol, Almost as if it’s a *wink winker* statement. I think we should all employee the same tactics in everyday life. “I am confident that you will not take the unprecedented and extraordinary step of eating the last pancake, which took an act of congress to make, since it’s not broccoli”

    • Arkansas Patriot

      Yes…and even more outrageous because Congress didn’t have the authority to make the pancakes! And there’s absolutely nothing ‘unprecedented’ about this review process, other than this being the first time that the federal government has tried to FORCE private citizens into commerce. That is what’s unprecedented.

  2. nut501

    If the Judges are no smarter than Congress,
    then we are all in a lot of trouble!
    It would not surprise me that BO had one of
    his friends on the court gave him a call to
    let him know what is coming down from the
    Court!

  3. Pingback: Patriot Week In Review: Congressman Crawford Calls, KARK Won’t Quit, & The Day Death Died «

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