ABA Calls Obama’s Comments on Judicial Activism ‘Troubling’

ABA Journal:  “ABA President Wm. T. (Bill) Robinson III is taking issue with President Obama’s initial remarks about the U.S. Supreme Court and the health care law.

Last Monday, Obama said a decision to overturn the law would be an “unprecedented, extraordinary” step of judicial activism. On Tuesday, Obama clarified his statement, saying that the Supreme Court does have final authority. Obama’s remarks led one federal judge to demand a three-page single-spaced memo from the Department of Justice explaining the administration’s views on the authority of the courts.”

US Attorney General Tells 5th Circuit Court of Appeals the Department of Justice Disagrees with President Obama on Constitutional Law

Fox News:  “Attorney General Eric Holder assured a federal appeals court Thursday that the Obama administration believes judges have the authority to overturn federal laws, after President Obama’s comments earlier this week raised concerns from the bench about his view of judicial power.  Holder, in a three-page letter to the 5th Circuit Court of Appeals, said “the power of the courts to review the constitutionality of legislation is beyond dispute'”

Harvard constitutional law professor Lawrence Tribe said that President Obama “obviously misspoke,” but White House press secretary Carnes explained “the president was not clearly understood by some people because he is a law professor, he spoke in shorthand.”  When I took two semesters of constitutional law in law school my con law professor did not speak to us in shorthand.

Senate Minority Leader Mitch McConnell said:

“The president crossed a dangerous line this week and anyone who cares about liberty needs to call him out on it. The independence of the court must be defended.”

The Man Who Knew Too Little – President Obama’s Stunning Ignorance of Constitutional Law

Wall St. Journal:  “We were half-joking yesterday when we asked if Barack Obama slept through his Harvard Law class on Marbury v. Madison, the 1803 case in which the U.S. Supreme Court first asserted its power to strike down unconstitutional laws. It turns out it’s no joke: The president is stunningly ignorant about constitutional law.”

Obama tried to explain his previous statement that it would be “unprecedented” for the Supreme Court to rule Obamacare unconstitutional by saying:

“Well, first of all, let me be very specific. Um

[pause], we have not seen a court overturn [pause] a [pause] law that was passed [pause] by Congress on [pause] a [pause] economic issue, like health care, that I think most people would clearly consider commerce. A law like that has not been overturned [pause] at least since Lochner, right? So we’re going back to the ’30s, pre-New Deal.”

The Wall St. Journal column also says:

“But in citing Lochner, the president showed himself to be in over his head. . . . In Lochner the court invalidated a state labor regulation on the ground that it violated the ‘liberty of contract,’ which the court held was an aspect of liberty protected by the 14th Amendment’s Due Process Clause. . . . Lochner, which was effectively reversed in a series of post-New Deal decisions, did not involve a federal law–contrary to the president’s claim–and thus had nothing to do with the Commerce Clause, which concerns only the powers of Congress.  It’s appalling that any president would have the effrontery to lecture the Supreme Court about a pending case. It’s astounding that this president, who was once a professor of constitutional law at an elite university, would do so in such an ignorant fashion.”

For more about the President’s ignorance and false statements about the Lochner case read the 2011 article called “Barack Obama on Lochner” in which the author describes nine mistakes the constitutional law professor made describing the Lochner case.  Makes you wonder how Obama passed con law at Harvard.

See also “Barack Obama, Constitutional Ignoramus” that says:

“I’m grateful for the favor Obama did for us yesterday of exposing his extreme constitutional ignorance, with his comments on how it would be ‘unprecedented’ for the Court to strike down a law passed by a ‘strong majority’ in Congress.  (As if a House margin of seven votes is a ‘strong’ majority.)  True, he walked back the comment today, but surely because his statement was not merely indefensible but outright embarrassing to his media defenders.

I’ve been growing weary of hearing people mention that he’s a ‘constitutional scholar,’ since he never published a single thing on the subject either as editor of the Harvard Law Review or as a member of the faculty at the University of Chicago Law School.  But hey—he taught constitutional law, didn’t he?

Not really.”

Sheriff Joe Expands Obama Probe to Hillary Supporters

WND:  “Based on interviews WND conducted with insiders in Hillary Clinton’s 2008 campaign, Sheriff Joe Arpaio has decided to expand the scope of his law enforcement investigation into President Obama’s eligibility to include evidence and affidavits documenting alleged criminal activity by the Obama campaign in the 2008 Democratic Party primary race.  Hollywood film producer Bettina Viviano and Hollywood-based digital photographer Michele Thomas have given Arpaio’s investigators the names of dozens of Hillary Clinton supporters willing to come forward with evidence and affidavits. Among their claims is that the Clintons were the first to charge Obama is not a natural born citizen as required by Article 2, Section 1 of the Constitution and that his birth certificate is a forgery.”

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