RedState: President Obama Goes on Record Opposing Marbury v. Madison

[Patricia M. McBride]

For those of you that no longer can withstand the daily speeches by this president and have tuned him out when he appears on television for his daily speeches, he dressed down the supreme court yesterday and basically said in Obamaspeak that they had better not rule against Obamacare or the mandate since a majority of congress passed the bill and he signed it into law and that over turning the law would be an activist thing to do.  Imagine Obama calling someone else an activist?   There is another blog posted about the less than lucid speech and its flawed rational (my opinion) which you can read nix the not to popular whining voice of Obama.

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Posted by Leon H. Wolf (Diary)

Monday, April 2nd at 6:26PM EDT

For a guy who graduated from Harvard Law, Barack Obama is not really very well versed on his law or his legal history. Speaking out today about the Supreme Court’s review of Obamacare, Obama offered this stunning and completely ahistorical nugget:

Ultimately, I’m confident that the Supreme Court will not take what would be an unprecedented extraordinary step of overturning a law that was passed by a strong majority of a democratically elected congress.

Look, I’m not here to debate the finer points of Marbury v. Madison with anyone, but the fact remains that since that decision was handed down over 200 years ago, it has not exactly been “unprecedented and extraordinary” for the Supreme Court to overturn laws passed by Congress (no matter the size of the majority). In fact, it happens all the time. That is the entire point of the doctrine of judicial review, first announced in Marbury and affirmed without serious challenge ever since.

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

Read more here:  http://www.redstate.com/leon_h_wolf/2012/04/02/president-obama-goes...