Skip to comments.[Liberal] Ruth Marcus: Obama should know better
Posted on 04/04/2012 7:34:02 AM PDT by Oldeconomybuyer
To be clear, I believe the individual mandate is both good policy and sound law, well within Congress' powers under the Commerce Clause. I think overturning the mandate would be bad not only for the country but for the court itself. Especially in the wake of Bush v. Gore and Citizens United.
And yet, Obama's assault on "an unelected group of people" stopped me cold. Because, as the former constitutional law professor certainly understands, it is the essence of our governmental system to vest in the court the ultimate power to decide the meaning of the Constitution. Even if, as the president said, it means overturning "a duly constituted and passed law."
The president went too far in asserting that it "would be an unprecedented, extraordinary step" for the court to overturn "a law that was passed by a strong majority of a democratically elected Congress." That's what courts have done since Marbury v. Madison. The size of the congressional majority is of no constitutional significance. We give the ultimate authority to decide constitutional questions to "an unelected group of people" precisely to insulate them from public opinion.
I would lament a ruling striking down the individual mandate, but I would not denounce it as conservative justices run amok. As I listened to the arguments and read the transcripts, the justices struck me as a group wrestling with a legitimate, even difficult, constitutional question. For the president to imply that the only explanation for a constitutional conclusion contrary to his own would be out-of-control conservative justices does the court a disservice.
(Excerpt) Read more at journalstar.com ...
Promoting the general welfare was a PURPOSE behind those powers granted - it was not itself a power granted.
Regulation of commerce between the States is a power granted to Congress. But if it is the power to regulate ALL commerce - and any activity that might effect commerce - and even non-activity that might effect commerce - then our founders did not bequeath to posterity a government of limited and enumerated powers - but one of limitless and innumerable powers.
They'd better start defending those Supreme Court justices before some Chicago gargoyles start arranging "accidents".
My purpose in posting the quotes was to draw a parallel.
If the founders had intended that the federal government to have the power to regulate anything that might conceivably affect commerce they would have said so and they most assuredly did not!
Repeat a lie often enough, the Democrats and their newsrooms know, and some people eventually believe it.
The skinny little POS Ubama was no "constitutional law professor". He was basically a guest lecturer who was little more than an occasional substitute teacher for the real professors.
Here is an interesting recent post from freeper, AnAmericanMother:
"He was an "adjunct professor" = a non-tenure-track resume-enhancer for local lawyers to 'give back' to their alma mater. It's also a way for the law school to keep in touch with local law firms or (in Obama's case) do a favor for some influential local politician.
"I was an "adjunct professor" for years at my law school, but I was never under any illusions as to the importance of it or that it meant that I was a particularly learned person or great lawyer. I was helping out my school and getting something nice and public-spirited to put on my resume, nothing more.
"-- this sort of position I suppose is technically speaking a "professor" because it's in the title, but it is either unpaid or carries a very small honorarium. IIRC, I got the whopping sum of $200 for a whole semester's work. Didn't even pay for my outlay in gas and paper, never mind my time."
"Article I, Section 8 - Powers of Congress
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;..." and nothing more!
Obama got paid for shaking down New York banks in the "redlining" suits, and made it big in the Shirley Sherrod "black farmer" political fraudsuit against the Agriculture Department. You remember, the one with more black plaintiffs than black farmers?