Wednesday, April 04, 2012

President Obama's ridiculous SCOTUS comments

"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." - President Barack Obama

First off, it wasn't a "strong majority."  It was a bare majority.  In fact, the law did NOT receive any bipartisan support at all.

Second, even those who did vote for it had to have additional conditions stipulated before they supported it.

Third, does President Obama not understand the function of the third, co-equal branch of government?  Or, was it a political play for the vastly uninformed electorate?

President Obama went on to say, "And I'd just remind conservative commentators that for years what we've 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."

This is NOT a good example of judicial activism.

Judicial activism takes place when the court tries to make law by requiring Congress to include or remove certain aspects of the law.  Or, by using a source outside of established law...in this case outside of the Constitution (e.g.  foreign law).  Judicial activism does NOT take place when judges simply apply Constitutional standards to determine whether a new law (e.g.  "Obamacare") meets those guidelines or not.

That "unelected group of people" to whom Mr. Obama is referring happens to be duly appointed judges...nominated by Presidents (both current & previous) and confirmed by the Senate.

This President has to be voted out of office and this law has to be repealed.

1 comment:

Kent Hollhouse said...

It's obvious that "we the people" are not the same "we the people" that our nation's founders intended. As far as this blog is concerned, I am probably one of the more liberal followers, yet this is getting out of hand and has to be fixed. I truely hope that on election day the citizens of our great nation pull together and choose the best applicant for the position of president. As a healthcare worker, I feel that it is essential that the "Obama change" is the change in the leadership of our country. May peace be with you all and may God help us.