President Barack Obama set off a constitutional firestorm the moment he began signing into law legislature dedicated to the proposition that the federal government should control more and more of the lives of its citizens and the several states. His signature achievement, ObamaCare, will all but eviscerate the Constitution if allowed to stand. The Framers instituted a Constitution to limit the federal government to explicitly delineated powers, with the ninth and tenth amendments expressly delegating all other rights and powers to the states and the people.
For the President to claim that the Supreme Court's potential -- and more likely ruling -- to overturn the Patient Protection and Affordable Care Act would be "unprecedented." The President's unprecedented ignorance, arrogance, and insolence on this matter is by far more glaring. He took an oath in January 2009 to uphold the Constitution, a responsibility which the august judges of the Court must enforce when legislature or executive crosses the prescribed limits of power in our national charter.
Eric Holder, the embattled Attorney General, has released an executive letter to Appeals Courts throughout the country who are up in arms about the President's demeaning remarks regarding the role of the judiciary.
Senators in Congress have come to the President's aid, minimizing the comments he made or preparing a different context for his remarks. However, what Connecticut's junior U.S. Senator Sheldon Whitehouse calls "judicial activism" is in truth "judicial review." Any scholar, lawyer, or legislator should be fully informed by now of the monumental, though still controversial practice instituted in the 1803 case Marbury vs. Madison. If a Court, in order to uphold the main tenets of the Constitution, must strike down or limit improper legislation, then the court is not engaging in "legislating from the bench." They are carrying out their duties in guarding the Constitution from unwarranted abuse and neglect.
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