Tuesday, April 3, 2012
OBAMA v. U.S. CONSTITUTION
Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803).
ISSUE: Does the Supreme Court have the authority to review acts of Congress and determine whether they are unconstitutional and therefore void?
RULING: Yes. The Supreme Court has the authority to review acts of Congress and determine whether they are unconstitutional and therefore void. It is emphatically the duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret the rule. If two laws conflict with each other, the Court must decide on the operation of each. If courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.
Surely, President Barack Hussein Obama, who once taught constitutional law at the University of Chicago, is familiar with this landmark decision.
Yet, Obama took an opening shot at conservative justices on the Supreme Court on Monday, warning that a rejection of his sweeping healthcare law would be an act of "judicial activism" that Republicans say they abhor:
"Ultimately, I am 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, and I'd just remind conservative commentators that, for years, what we have heard is, the biggest problem on the bench was judicial activism, or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example, and I'm pretty confident that this court will recognize that and not take that step," he said at a news conference with the leaders of Canada and Mexico.
The Supreme Court is looking at whether Congress exceeded its power to regulate commerce in U.S. states with the individual mandate that requires most people to buy insurance.
"I think the justices should understand that in the absence of an individual mandate, you cannot have a mechanism to ensure that people with preexisting conditions can actually get health care, so there's not only a economic element to this, and a legal element to this, but there's a human element to this. And I hope that's not forgotten in this political debate", said Obama.
Obama is confusing his "role" of POTUS with his earlier stint as a community organizer.............while his credentials as a Constitutional legal scholar are, it seems, as suspect as his birth certificate.