What happens if this president and his whole administration decide to simply defy the Court? Where is it in the Constitution that the Court has the final say? I am not supporting this sort of action and certainly believe that the whole of that law is, in fact, unconstitutional. If the kenyan were to defy the Court would he have passed that information to the Justices on the assumption that Roberts, say, would choose to let the law stand rather than allow a true Constitutional Crisis to erupt with the strong possibility that the Court, and the Constitution and, indeed the Nation would be wrenched out of the shadow of the Constitution altogether?
The right of judicial review was established via its use in Marbury vs Madison.
It has been accepted legal doctrine ever since, and it has been exercised hundreds of times.
Obama knows this.
If he were stupid enough to ignore a decision to overturn Obamacare, he would provoke a severe backlash, not merely a constitutional crisis.
Another thing that would happen is, people and states would be empowered to ignore Obama and Sebelius.
And many, many would do just that.
One president in history ignored a Supreme Court decision:
Andrew Jackson, who went on to perpetrate the most heinious treatment of native Americans in history.Obama will be no different. The question is whether we as citizens will take it. Many citizens have moved ALL of their resources and estates off shore to preserve them.A royal battle is shaping up, and Obama intends to fan every flame he can, including defying the Supreme Court.The Court already knows whats in the cards if they decide that Obamacare is unconstitutional.
The question is whether the Supreme Court will fold or not.I cannot see Scalia folding.