Tuesday, April 3, 2012

McConnell Schools the Con Law Prof

Senate Republican Leader Mitch McConnell expressed the shock many of us felt at President Obama's attempt to intimidate the Supreme Court to uphold Obamacare. The president comported himself more like a thuggish Chicago pol than a former professor of Constitutional Law.

Most bewildering was Obama's rejection of judisicial review, which has been unquestioned since Chief Justice Marshall wrote Marbury v. Madison, two centuries ago.

Obama's warning that the Court ought to defer to Congress because it is an elected branch was particularly rich given that Democrats had to literally bribe their own to secure enough votes for Obamacare. Recall the "Gatorade", the "Cornhusker Kickback", and the "Louisiana Purchase."

This, on top of the fact that few of the members who voted for the bill read the 2,700 pages before voting. Speaker Pelosi boasted they needed to "pass the bill so you can find out what's in it.". The Supreme Court can and should see if this monstrosity violated the Constitution and strike it down if exceeds the enumerated powers of article I.

To hear Obama, one would think that the Court was the product of a junta. To the contrary, these justices, all of them, were appointed by democratically-elected presidents and confirmed by democratically-elected members of the Senate. Thenk God they serve for life, to protect them from the political pressure we saw in the Rose Garden yesterday.

Here is McConnell's statement on the issue.

"Regardless of the Supreme Court’s decision on Obamacare’s unprecedented mandate on the American people, elected leaders have an obligation to protect our system of checks and balances. The President, more than anyone else, has an obligation to uphold the legitimacy of our judicial system. But his remarks on the Court reflect not only an attempt to influence the outcome, but a preview of Democrat attacks to come if they don’t get their way. 
“Only someone who would browbeat the Court during the State of the Union, and whose administration stifled speech during the health care debate, would try to intimidate the Court while it's deliberating one of the most consequential cases of our time.  This president's attempt to intimidate the Supreme Court falls well beyond distasteful politics; it demonstrates a fundamental lack of respect for our system of checks and balances.”

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