Saturday, April 7, 2012

President Obama goes on Record opposing Marbury v. Madison

For a guy who graduated from Harvard Law, Barack Obama is not really very well versed on his right or his legal history. Today about the Supreme Court's review of Obamacare, Obama offered this beautiful and completely ahistorical nugget:

Eventually, I am convinced that the Supreme Court is not what would be an unprecedented extraordinary step will take a law which was passed by a large majority of a democratically elected Congressto tilt.

Look, I'm not here to debate the finer points of Marbury v. Madison with everyone, but the fact remains that that more than 200 years ago, it's not exactly since the judgment rendered "unprecedented and extraordinary" for the Supreme Court to overturn the laws passed by Congress (regardless of the size of most). In fact, it happens all the time. That's the whole point of the doctrine of judicial review, first announced in Marbury and confirmed without serious challenge since then.

I seriously would like to know, and I hope that the press Obama gets on the record on this – it is President Obama the assertion that the Supreme Court's only role in the revision of the legislation is to double-check the count on the roll-call vote to ensure that a majority in fact voted for the law and to check the President's signature for possible falsification? Because, I mean, if that's what we're going to go back, I'm open to having that discussion, but we want to figure out what to do with several hundred SCOTUS decisions taken a decidedly different view.

Of course, in making these comments expose Obama is once again as a cynical hack that itself is devoid of anything resembling shame. The partial birth abortion In 2003 United States Congressional ban law of 2003 by the significantly greater margins than Obamacare. When the Supreme Court refused to this law, which was adopted by a "democratically elected Congress", pitched then-Senator Obama a hissy fit over the fact that the absolute Supreme Court had argued that the clear will of Congress (and the vast majority of the American people).

When its own legislation on the game, however, Obama seems suddenly ready to go back and virtually every Supreme Court precedent in the past 200 years to stripping the Court of their power to close at each question than whether the roll-call was good tallied undo. Of all the most terrible thing is that if a Republican had said this, the media are busy trying to paint them as an uneducated rube would be that unaware of Marbury v. Madison was-if Obama it says, it is presented as a thoughtful defense of his brilliant law.


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