Bama Flunks Constitutional Law; Resident Attacks Supreme Court in Advance of Obamacare Ruling

The Washington Times (Washington, DC), April 4, 2012 | Go to article overview
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Bama Flunks Constitutional Law; Resident Attacks Supreme Court in Advance of Obamacare Ruling


Byline: THE WASHINGTON TIMES

For someone who once taught classes at a law school, President Obama doesn't seem to know much about the powers of the Supreme Court.

At a press conference Monday, Mr. Obama said he did not think the high court would rule that forcing Americans to buy health insurance was unconstitutional. Ultimately, I am 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, he said.

There's plenty of precedent for voiding a law like Obamacare. The top justices have invalidated more than 150 federal laws in part or in whole. Nor would there be anything extraordinary about such a step, as courts frequently make these types of rulings. In fact, it would be unprecedented and extraordinary for it to let stand the unconstitutional aspects of Obamacare.

There's also no truth to the suggestion that Obamacare passed by a strong majority. The vote was 219 to 212, a razor-thin margin in which 34 members of the president's own party voted no. The margin of passage has never been a factor in the Supreme Court's review of any law. That's simply not a part of American jurisprudence. In fact, if Mr. Obama believes what he says, he ought to be very satisfied with the validity of the Defense of Marriage Act, which passed in 1996 by a whopping 275 margin in the House and by 71 votes in the Senate.

Mr. Obama even attempted to invoke conservative rhetoric to defend his greatest legislative accomplishment.

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