Does That Blow Your Mind?

As a former student of law, it sure blows mine.

What, you ask?

President Obama’s claim that if the United States Supreme Court judicially strikes down Obamacare, this would be an “unprecedented, extraordinary step.”

Since 1803, the United States Supreme Court’s main job is to strike down unconstitutional laws.

Oh, but this case would be unprecedented and extraordinary.  /please read italicized words in the most sarcastic manner possible/

This is what happens when we keep ceding public opinion to the so-called experts.

How about a second opinion?  How about another expert’s opinion?

Judge Jerry E. Smith: Does the Department of Justice recognize that federal courts have the authority in appropriate circumstances to strike federal statutes because of one or more constitutional infirmities?

Dana Lydia Kaersvang (DOJ Attorney): Yes, your honor. Of course, there would need to be a severability analysis, but yes.

Smith: I’m referring to statements by the President in the past few days to the effect…that it is somehow inappropriate for what he termed “unelected” judges to strike acts of Congress that have enjoyed – he was referring, of course, to Obamacare – what he termed broad consensus in majorities in both houses of Congress.

That has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority or to the appropriateness of the concept of judicial review. And that’s not a small matter. So I want to be sure that you’re telling us that the attorney general and the Department of Justice do recognize the authority of the federal courts through unelected judges to strike acts of Congress or portions thereof in appropriate cases.

Hoo, boy, that just happened.

If the typical uninformed voter doesn’t understand why Obamacare is unconstitutional, we can understand why.  The Constitution has been creatively interpreted to accommodate federal programs for a very long time, after all.

But that’s what makes the President’s statements so shameful.  As a former student of law, he should know better than to stretch beyond the bounds of judicial interpretation.

If he does know better, then he is not upholding the document he swore to uphold.  Do you know what that means?  “Under the laws of a state it may be considered treason or a high crime to betray a sworn oath of office.”

Just sayin’.

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21 thoughts on “Does That Blow Your Mind?

  1. drugsandotherthings 3 April 2012 at 11:38 pm Reply

    Maybe you should read this- about Ronald Reagans chief solicitor also warning the court against judicial activism re: Obamacare http://goo.gl/qywnH

    And you must admit- Obama must feel a little set up here. He did not want the individual mandate. Actually spoke against it during the campaign. The individual mandate was a Republican idea they had been pushing for 20+ years. That the Democrats started to accept as the only way to get bi-partisan support after the Clinton Health Care plan fell apart in the mid nineties. That prominent Republicans still insisted on at the beginning of the Obamacare talks. http://goo.gl/2eRi7

    • edge of the sandbox 4 April 2012 at 4:14 pm Reply

      Judicial activism is legislating from the bench — inventing laws and “rights”. Declaring a law unconstitutional is not legislating from he bench. The last President to go after separation of powers, like BO is doing, was FDR.
      Conservatism certainly took a rightward turn over the last 3 years. When in the past conservatives were talking about mandating personal responsibility, e.g. individual mandate, we no longer do that.

    • Citizen Tom 4 April 2012 at 8:24 pm Reply

      What is really funny is blaming Republicans for the individual mandate. Whatever else you want to say about Obamacare, bipartisan it ain’t.

  2. edge of the sandbox 4 April 2012 at 12:19 am Reply

    Maybe he’s just not very bright… I’m not a law student or anything, but I did pass high school civics and the citizenship test.

    • nooneofanyimport 4 April 2012 at 1:31 pm Reply

      Bingo, Missy S. You don’t need legal training in order to understand that the President is full of baloney when he claims that overturning Obamacare would be “unprecedented.” Given his legal background, however, I have a hard time believing he is so dumb as to have made this statement honestly. Which means that he is just appealing to the most uninformed voters among us.

  3. bunkerville 4 April 2012 at 9:54 am Reply

    This is getting interesting. No President has gone this far, and perhaps will turn out to be a bridge too far.

  4. Zilla of the Resistance 4 April 2012 at 10:57 am Reply

    It is TREASON, add that to his many other acts of TREASON which have even gotten hundreds of innocent people killed, and it is beyond my understanding how he is still in office and not chained up in a brig somewhere awaiting the appropriate punishment that is warranted for acts of TREASON. Too bad the GOP are such gutless cowards who have made rolling over to reveal their yellow bellies a habit with this regime, good on the Judge who is standing up against leftist bullying.

  5. [...] to declare Obamacare unconstitutional would be unprecedented, he simply appealed to the ignorant masses.  I’m not sure what he [...]

  6. Citizen Tom 4 April 2012 at 8:25 pm Reply

    Reblogged this on Citizen Tom and commented:
    This something we all need to know about.

  7. mfox1776 5 April 2012 at 10:53 am Reply

    Just HOW does he get away with calling it “bipartisan” when not ONE REPUBLICAN voted for it and about 30 Dems voted against it??? How the media can repeat that lie is the real story here. There isn’t one true journalist left.

  8. Matt Ross (@MrEvilMatt) 6 April 2012 at 8:54 pm Reply

    It blows my mind as to how he gets away with such asinine statements. Then again, it shouldn’t. The MSM will always cover for him.

  9. [...] Does That Blow Your Mind? [...]

  10. [...] NoOneOfAnyImport Blog: Does That Blow Your Mind? [...]

  11. Annie 10 April 2012 at 3:53 pm Reply

    Reblogged this on LIFE, THE WAY I SEE IT and commented:
    No, I wasn’t a student of law for this to ‘blow my mind,’ but the statement was sure cause for deep concern:

    • nooneofanyimport 10 April 2012 at 5:04 pm Reply

      Hi Annie. Thanks for visiting, and thanks for reblogging. Welcome to the blogosphere!

      • Annie 10 April 2012 at 5:13 pm Reply

        Thanks for the welcome to the blogosphere. I’ve had a blog on lupus for close to a year, but I just started this blog several days ago. This site is taking off well and lupus is steady; but I thoroughly enjoyed your article-I swore I’d never wear political stripes on this blog, rather try to take the moral ‘high ground’ and remain apolitical. But, I’m sure, my liberal friends are thinking, “she’s gone off the deep end!!”

        • nooneofanyimport 10 April 2012 at 7:08 pm Reply

          Or, you’ve taken the red pill like Neo lol. I’m glad you enjoyed my article. I’ll be having a look over at yours soon.

          • Annie 10 April 2012 at 9:08 pm

            I “took a red” years ago, but it never ‘took!’ My type ‘A’ personality begs for some IV…Thanks none!

  12. [...] Missy and I debated whether Obama spoke out of ignorance or calculation when he said that overturning his healthcare law [...]

  13. My Mental War « NoOneOfAnyImport 15 April 2012 at 8:12 pm Reply

    [...] Missy and I debated whether Obama spoke out of ignorance or calculation when he said that overturning his healthcare [...]

  14. [...] NooneOfAnyImport’s Blog, on the other hand, examines the president’s grasp of constitutional law in Does That Blow Your Mind? [...]

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