"The truth is, that, even with the most secure tenure of office, during good behavior, the danger is not, that the judges will be too firm in resisting public opinion, and in defence of private rights or public liberties; but, that they will be ready to yield themselves to the passions, and politics, and prejudices of the day." --Joseph Story
By Douglas V. Gibbs
Judicial Review is unconstitutional. The Constitution gives that authority to the federal courts nowhere within the text of the document. John Marshall's opinion in Marbury v. Madison seized that power for the courts. However, the Supreme Court's opinion of a law, through the use of Judicial Review, is not a completely worthless thing, either. Constitutionally, the lower courts respect the opinions of the higher courts, and rule in accordance. In other words, if the Supreme Court rules Obamacare unconstitutional, it does not strike down the law, but it will neuter it as far as the courts are concerned.
That said, we have to remember that the liberal democrats have depended upon Judicial Review to force upon the people of America what they couldn't achieve legislatively. Judicial Activism is when the courts make law through their rulings, such as in the case of Roe v. Wade, where the high court unconstitutionally struck down a State Law, and essentially proclaimed legalized abortion to be the law of the land, despite the fact that they had no authority to do so. All legislative powers belong to the Congress, according to Article I, Section 1 of the United States Constitution.
What is even more interesting is when taking into consideration the long history of the democrat party's love affair with Judicial Review, and their dependence on Judicial Review to get their evil ways into the American System, suddenly all of that means nothing when it looks like the Supreme Court may rule against the hard left socialist democrats.
President Barack Obama has made it no secret that he has received leaked information from the Supreme Court about how things are going regarding the ruling that we will probably see in June over Obamacare, and from his perspective, things aren't looking good. Obama has lashed out like a child not getting its way, and unlike the stalwart Marxist democrat he has always been, he suddenly acts like he either doesn't understand Judicial Review, or he doesn't agree with it anymore.
Obama knows what he believes. He knows that his socialist comrades on The Left have always depended upon Judicial Review to be their back up for seizing power. What's happening is what always happens with the democrats. . .
What's the answer to the question? What question? Any question. . . the answer is always, "Whatever benefits the liberal left the most - even if it contradicts them in the past. . . of which they will use the media to cover up."
Judicial Review, as far as Obama is concerned, is good until the judges dare to go against him, then they are judicial activists and need to be impeached. The law, or their version of the law, doesn't matter as much as their socialist agenda and authoritarian ideology.
The plan by Obama is to hope nobody notices his changing views, or lying act. He assumes the voters that matter to him, the ones that are dependent on government, and the uninformed voters, won't notice the details, but will believe him when he starts proclaiming that the judges need to be impeached because they want to take away your new entitlement program. . . Obamacare. Obama is doing what he can to hold his nose in the air, look like the brilliant ruling elitist he isn't, and for the lower masses to faint over his messianic, erudite, sophisticated stature and simply believe him when he says, "They want to take away your health care. They want to kill grandma. They want you to get sick and die because you can't afford health care..." when it is nothing of the sort.
How do you know when Barack Obama is lying? He's moving his lips.
It is insulting, really. The President thinks you are so stupid that you will fall for his ridiculous verbiage, not notice him changing his stance on the courts and Judicial Review, while he throws poison darts at all of the people that dare serve as opposition against him.
A bunch of Obama allies are writing about Obama, and scratching their heads, trying to figure out why he is basically saying the courts don't know what they are doing, and he is king over them, and if they don't agree with his socialist programs, they need to be impeached. Obama is threatening the justices, and he is admonishing the justices with words like, "The courts must understand," as if that will force them to rule in his favor.
He's doing this in the way he always does things - by creating a divide, establishing the us versus them mentality, and convincing the people that those mean ol' people that disagree with him, like them mean ol' republican judges and republican politicians, are just a bunch of mean people that want to take away health care so that people can die. That's what he's going for, and many of these uninformed voters are believing it.
And the media is in his corner. They are already writing anti-court stuff, because that is what Obama wants. Maureen Dowd of the New York Times wrote:
"This court, cosseted behind white marble pillars, out of reach of TV, accountable to no one once they give the last word, is well on its way to becoming one of the most divisive in modern American history. It has squandered even the semi-illusion that it is the unbiased, honest guardian of the Constitution."
Bam! Exactly as Obama hoped for. And that's the trash the uninformed are reading, and are willing to believe.
Once again, remember where I stand on Judicial Review, but what Obama is doing here regarding the unconstitutional practice is a pure and simple example of what he is. His Will will be done, and nobody may dare oppose him. If they do, he changes the rules, lies, and attacks with divisive rhetoric. That is what he does.
The Supreme Court hasn't even made a decision yet, but Obama is digging in, already greasing the wheels, trashing the decision if it dares go against his authoritarian might, and he's aiming all of the rhetoric at the people who don't think about issues, just what they can get out of the government.
The Daily Beast has decided to do Obama's bidding, too, publishing an article with the headline: Impeach the Supreme Court Justices If They Overturn Health Care Law. Hell, if Congress were to repeal the Health Care Law, they'd probably be calling for the disbanding of Congress and setting up Obama as the dang king!
And out of all this is a molten volcano of division ready to blow. He's practically handing the people pitchforks and torches and telling them to go after those mean ol' republicans, conservative judges, and anyone else that dares to cross him.
We were told the great Obama was going to unite this country, and the world was going to love us, and everything would be utopia-like. Instead, we have people like Jessie Jackson, Spike Lee and Al Sharpton, calling for vicious mobs to go after George Zimmerman, and any other whites that stand in their way; Obama telling people to punish their enemies; and now Obama is calling for anybody that dares oppose him to be impeached or gotten after. We are becoming a divided country because of Obama. And he's counting on it. He wants it. Barry wants the ignorant to get mad, and think everyone else is trying to take away from them their precious gifts from the federal treasury. He's lying to them to foment anger, and he is counting on the media to amplify it.
If the Supreme Court decides the Affordable Care Act is Constitutional, Obama will proclaim himself as the greatest president the country has ever seen. If the Supreme Court decides the Health Care Law is unconstitutional, he will proclaim the justices that voted against him to be enemies of the State, and will find a way to force it on us anyhow, claiming the republicans are just trying to sabotage his presidency.
Personally, I don't get why the 26 States that brought this case didn't just nullify the law by refusing to implement it, and then force an Article V. Convention (which already has more than enough applications) so as to propose an amendment to clarify that the federal government does not have the power to get involved in private industries.
As for that argument about all those people that don't have health care that the liberal left sheep love to use? That's a bold faced lie, too.
Most young people choose not to have it, and that is their own dang fault. And if you don't have health insurance, you can still get care if you know where to look, or you are willing to set up payments. No emergency room in the country turns away a patient.
Besides, if the problem is insurance companies as argued by pretty much everyone, then how is it better to make the federal government one big insurance company? Obamacare takes a bad situation and makes it worse. If insurance companies are the culprit, then wouldn't it make sense to start moving back towards a patient/provider relationship, rather than shifting the payer role from the big bad insurance companies to the bureaucracy of the oversize federal government?
-- Political Pistachio Conservative News and Commentary
Men in Black - New York Times
Obama Takes a Shot at Supreme Court Over Healthcare - Reuters
Impeach the Supreme Court Justices If They Overturn Health-Care Law - The Daily Beast
Jay Carney: Obama Didn't Intend To Challenge Supreme Court's Authority - Yahoo News
Federal Judge Upset By Obama's Warning on Health Law - GOP USA
The Man Who Knew Too Little: President Obama's stunning ignorance of constitutional law - Wall Street Journal