Steven Birn Speaks President Obama declared war on the Supreme Court yesterday.
One wonders if he hasnt been leaked information about how the Fridays vote went down because Obama was particularly outraged at the prospect of Obamacare being ruled unconstitutional. He declared that ruling Obamacare unconstitutional would be an unprecedented move by the Supreme Court, undoing a law the democratically elected Congress passed. It is clear what the Democrat strategy is going to be if Obamacare is ruled unconstitutional. Theyre going to accuse the Court of being partisan and if that doesnt fail the left will go to its old standby and call conservatives morons.
Obama once again displayed his narcissism for the world to see yesterday. As though nothing negative has ever happened to any other President before. As though other Presidents havent seen legislation they supported ruled unconstitutional. Obama displayed a glaring lack of historical knowledge when it comes to the Supreme Court. FDR saw eight of his New Deal programs ruled unconstitutional by the Supreme Court. The Court went so far as to shut down FDRs beloved NRA and its infamously nasty blue eagle program. The court also ruled various wage and price controls unconstitutional, undoing an important part of FDRs socialist New Deal. Obamas lack of historical knowledge is glaring considering hes a former Constitutional law professor. You would think he would know about these cases.
Obama attacked conservatives who oppose judicial activism, a thinly veiled warning to those on the court who support original construction. In making this argument Obama shows he doesnt even understand what the conservative argument is regarding the Constitution. Judicial activism has given us such gems as Roe v Wade wherein rights are created out of thin air and deemed constitutional. Original construction opposes the creation of additional rights, it also opposes the Federal government acting outside of the limited enumerated powers in the Constitutional. Obamacare is unconstitutional because the Constitution doesnt grant the government the power to order Americans to buy products. Obama seems to think conservatives believe the Congress can do whatever it wants without any comment from the judiciary. Its a patently ignorant position coming from a Constitutional law professor.
The truth is Obama doesnt care what original construction is and he isnt interested in what conservative jurisprudence believes. All he cares about is demonizing his enemies ala Saul Alinskys Rules for Radicals. Hes doing two things in his comments on the Supreme Court. First hes threatening them, likely trying to scare Kennedy into switching sides. Second, hes setting up the narrative for late June if Obamacare is ruled unconstitutional. Hes going to demonize a Supreme Court that disagrees with him. Hell call them partisan, though one wonders what we are to consider the four Democrat appointees who likely will vote Obamacare Constitutional. They wont be partisans of course, only Republicans are.
Obama believes a whole lot of Constitution law professors agree with him. No doubt hes correct. But just because a bunch of professors think something doesnt make it so. Apparently Obama either didnt pay attention or doesnt care to pay attention to the 27 states who challenged Obamacares Constitutionality or to the lower courts who ruled it unconstitutional. Perhaps he didnt read any of the briefs filed by any of the lawyers who believe its unconstitutional. As an attorney, Obama ought to know there are two sides to every issue. He displays incredible ignorance in pretending otherwise. But of course hes not interested in acknowledging the enemys point of view. Hes only interested in demonizing it. This is what happens when we elect a community rabble rouser, I mean a community organizer.