[Excellent]America's Right ^ | April 2, 2012 | Jeff Schreiber
Dear Mr. President,
Supposedly, you are some sort of constitutional scholar. At the very least, you can read, you can write, and despite being merely some sort of guest lecturer at the University of Chicago Law School, you once famously referred to yourself as a “Constitutional Law professor.”
Ringing a bell so far, Mr. President? Great.
While my Juris Doctor is from the Rutgers School of Law in Camden, New Jersey, and while Rutgers-Camden is hardly Harvard Law School, within the first three days of Constitutional Law class those who did not already know of and understand perhaps the single most important decision in the history of the United States Supreme Court were introduced to Marbury v. Madison.
In Marbury, the United States Supreme Court held that federal courts across our nation not only have the authority, but also the duty, to review the constitutionality of acts of Congress–including statutes and treaties–and to designate as void those acts of Congress which countermand the United States Constitution. The term you’re searching for between those flappy ears of yours, Mr. President, is “judicial review.” And, while it has been nearly two years since I opened up a Constitutional Law book and can now debate divorce and family law in South Carolina better than I can the Constitution, I recall enough from law school and bar exam study to know that the doctrine of “judicial review” is now settled law.
In other words, since the landmark Marbury decision came down from the Court you belittle as “unelected” in 1803, because of “judicial review,” federal courts in the United States of America have the power–and duty–to review laws passed by Congress, decide whether or not those laws either comport with our Constitution or countermand it, and either uphold those laws that pass constitutional muster or declare void those laws that do not.
Publicado: 04-03-2012 01:29 PM
Not a difficult concept, Mr. President. Not a difficult concept for a first-year law student at Rutgers-Camden, and certainly not a difficult concept for a Harvard Law grad who lectured on Constitutional Law at University of Chicago Law School and later went on to deceive a nation into crowning him president of the United States. This ain’t race-baiting or class warfare, Mr. President, but Marburyand judicial review should nonetheless certainly be in your wheelhouse.
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 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.
Those statements are so indicative of ignorance of not only Constitutional Law but basic civics that I don’t even know where to begin.
First, even a second-grader understand[s] that the the United States Government is split into three separate branches in order to insulate one from another and provide checks and balances for each. While it is easy to understand how a totalitarian like yourself would have trouble distinguishing the lines between the various branches; after all, you have an established penchant for making illegitimate recess appointmentsand facilitating regulatory and other extra-legislative mechanisms designed to eschew and usurp the traditional role of the Legislative Branch — is it no surprise that you are utterly incapable of understanding why Justices of the United States Supreme Court are indeed unelected?
Publicado: 04-03-2012 01:30 PM
OBAMA TRYING TO INTIMIDATE THE SUPREME COURT
Second, that you would preemptively describe as “unprecedented” and “extraordinary” the prospective decision by the Supreme Court that your signature piece of legislation is unconstitutional and therefore void shows that your ignorance is surpassed only by your myopic inability to see past your political ideology and goals. According to the Congressional Research Service’s The Constitution of the United States, Analysis and Interpretation(the 2008 supplement, pages 163-164, in case you’re looking), as of 2010 the United States Supreme Court has declared unconstitutional and therefore void a whopping 163 acts of Congress. You do know what “unprecedented” means, right? The Supreme Court overturning ObamaCare would hardly be “unprecedented” — perhaps it could be “unprecedented, unless you count those previous 163 precedents.”
Want to know what is “unprecedented,” Mr. President? Congress forcing free Americans into private contracts and penalizing those who disobey. That’s unprecedented.
At this point, Mr. President, just give up. Please. Every time you denigrate the Court and its Justices, who have more legal knowledge in their smallest toenail than you have in your entire body, you look more and more like the dullard that you apparently truly are. No wonder you don’t want to release your transcripts — any undergraduate student who fails to understand the most basic concept of Separation of Powers and any law student that fails to understand the settled doctrine of judicial review probably did not have marks worthy of tacking on the refrigerator door.
I understand that, ideologically, your signature piece of health care legislation is the perfect progressive fix. I understand how it works. I understand how it slowly but surely interferes with insurers’ ability to assess risk and thus slowly but surely facilitates an increase in premium costs, therefore driving more and more people to clamor for a government fix. It’s a brilliant political maneuver.
But it’s also unconstitutional.
And when the Justices of the United States Supreme Court tell you as much mere weeks before November’s election, it will not be because they are “unelected,” nor will it be because they somehow don’t understand the legislation. The law simply runs afoul of the Commerce Clause of the United States Constitution, and no amount of “strong majority of a democratically elected Congress” will change that.
Wave the white flag, Mr. President. Or, preferably, you can continue to make a fool of yourself. In my Trial Advocacy class at Rutgers-Camden, after all, we were taught how do deal with opposing counsel who was floundering in front of a judge or jury: sit tight, smile, and just let it happen.
Now, Rutgers-Camden is a fine school, but it sure ain’t Harvard. Nevertheless, I’m the one who is sitting tight and smiling.
Good luck with your re-election.
Jeffrey M. Schreiber, Esq.
Publicado: 04-03-2012 01:30 PM
Obama’s ‘gotcha’ moment reveals his ignorance of the law
Hot Air ^ | April 3, 2012 | Howard Portnoy
In his comments in the Rose Garden on Monday about the fate of his signature health care legislation, the president attempted at one point to hoist Republicans by their own petard. He said:
"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…."
He is right that conservatives have repeatedly lambasted liberal judges for their judicial activism. He is dead wrong, however, when he claims that the Supreme Court’s ruling on ObamaCare is a “good example.”
Far from creating law from the bench, the high court is carrying out its constitutionally mandated responsibility to rule on the constitutionality of a law, in this case a law passed by Congress. Nor would overturning the health care law represent “an unprecedented, extraordinary step” as the president further claimed.
For a man whose curriculum vitae includes lecturing on constitutional law at the University of Chicago, the president seems to be a little in the dark about both the Constitution and the law. Consider his suggestion later on in his remarks that this is “not an abstract argument” and “that people’s lives are affected.” Every decision the Supreme Court hands down is by its nature based on an abstract argument. If it weren’t—if it applied, for example, to a single case—it wouldn’t be much of a ruling. What is more, the vast majority if not all the cases heard before the court impact the lives of the American people in some way.
That the president has a half-baked view of the job of the courts is nothing new. In making his first appointment to the high court in May of 2009, he articulated the same incorrect assumptions:
"I will seek someone who understands that justice isn’t about some abstract legal theory or footnote in a casebook; it is also about how our laws affect the daily realities of people’s lives, whether they can make a living and care for their families, whether they feel safe in their homes and welcome in their own nation. I view that quality of empathy, of understanding and identifying with people’s hopes and struggles, as an essential ingredient for arriving at just decisions and outcomes."
He also spoke on that occasion on the importance of applying “empathy and understanding” to every legal decision. Both are essential ingredients of judicial activism but have nothing to do with the law.
04-03-2012 05:10 PM - editado 04-03-2012 05:13 PM
OBAMA Y LA DICTADURA MARXISTA
Contra viento y marea seguiremos denunciando la corrupción y los ataques a la libertad por el régimen marxista de Obama y con la misma intensidad y constancia como traemos a estos foros día, a día, la verdad sobre la tragedia que sufre el pueblo esclavizado y cautivo en la isla prisión de Cuba.
Es nuestra potestad y deber como exiliados cubanos y fieles ciudadanos de los Estados Unidos, alertar al pueblo americano la disyuntiva que confrontarán en las elecciones de Noviembre, cuando se decidirá si Estados Unidos seguirá iluminando al mundo llevando en alto la antorcha de la libertad, o optará por seguir la ruta de Cuba y Venezuela escogida por Barack Hussein Obama.
La semana pasada, con el silencio cómplice de una prensa prostituida y al servicio del régimen, Obama se abrogó poderes extraordinarios que le confieren declarar la “ley marcial” en tiempos de paz, algo similar a los que hizo Hitler al tomar el poder democráticamente en Alemania para de inmediato pasar en el parlamento alemán “the Enabling Act” que le confería poderes extraordinarios por 4 años sin posibilidad de cambios en la ley.
Como dijo el filósofo Jorge Santayana: "Quienes ignoran la historia estan condenados a repetir sus errores"
Los ataques a la Iglesia y a la libertad religiosa, el incitamiento a revueltas raciales para provocar el caos, y el ataque de Obama a la Suprema Corte de Justicia, presagian disturbios y caos que Obama aprovechará para consolidar los poderes dictatoriales que ya se ha abrogado a-priori y mantenerse en el poder pisoteando la Constitución y la leyes de Estados Unidos.
Publicado: 04-04-2012 01:33 PM