Tuesday, 03 April 2012 14:45
President’s Obamacare Supreme Court comments constitute supreme absurdity
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Health reform“It is important, likewise, that the habits of thinking in a free country should inspire caution in those entrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another”                  

  -- George Washington “Farewell Address”

 

It would seem that President Obama needs a lesson in the limitations imposed by the “Separation of Powers” in the Unites States Constitution as well as a much deeper appreciation for the “Checks and Balances” that are so critical to our national government.

 

Just this week he launched upon an open assault on the Supreme Court, chastising the justices for any presumption to overturn his signature legislative package popularly known as “Obamacare.”  Worse, he took the occasion to do this deed when introducing foreign dignitaries from Mexico and Canada.   His words more resembled those of Caesar Chavez of Venezuela than an American President.

 

He argued that he believed the court would be “activist” if it took “…the unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.” This is coming from a Harvard trained, self-proclaimed constitutional lawyer.  Really???   Would this great constitutional scholar likewise argue that the Supreme Court was wrong in overturning the Indian Removal Act of the 1930, which was passed with overwhelming support?  Following his logic, the Court should not have even touched the subject. 

 

He goes on to argue and chastise the conservative members of the court saying that any action against this expansion of government would be a result of “…judicial activism.”   The fact that two justices on the court were in his administration at the time of this legislation being drafted and have not recused themselves appears to have escaped his understanding of “Conflict of Interest”.

 

This is a highly uncommon event and one that demonstrates that this President is either intoxicated with power or fails to comprehend the limitations imposed on the Presidency.  Marbury Vs Madison firmly established “Judicial Review” as a component of the Supreme Court’s responsibility and the Constitution likewise firmly established the need for an independent judiciary.

 

This is not the first time this President has violated Constitutional limitations.  Less we forget, our military action in Libya was an undeclared war, was initiated without Congressional Approval, and violated the War Powers Act.  He shrugged it off and Congress did nothing.  That is why he is about to become engaged in Syria now. 

 

At some point Congress has to set aside its partisan differences and defend both its and the Supreme Courts rights and authority, otherwise, this nation is drifting dangerously towards the rocky shoals of an imperial Presidency. 

 

To quote Washington once again from his Farewell Address: “The spirit of encroachment tends to consolidate the powers of all the departments into one, and thus to create, whatever the form of government, a real despotism.”

 

His words, not mine!

by Ron Chapman

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