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lawyer12

Registered: 08/03/11
Posts: 405
Reply with quote  #26 
Even former classmate of Professor Obama at University of Chicago and my former professor at MU Law School is concerned about him as well.

Former Obama Student: Obama's Ignorance of Constitution Embarrassing

Lambert wrote:

Thus, a Wall Street Journal editorial queried this about the President who “famously taught constitutional law at the University of Chicago”:  “[D]id he somehow not teach the historic case of Marbury v. Madison?”

I actually know the answer to that question.  It’s no (well, technically yes…he didn’t).  President Obama taught “Con Law III” at Chicago.  Judicial review, federalism, the separation of powers — the old “structural Constitution” stuff — is covered in “Con Law I” (or at least it was when I was a student).  Con Law III covers the Fourteenth Amendment.  (Oddly enough, Prof. Obama didn’t seem too concerned about “an unelected group of people” overturning a “duly constituted and passed law” when we were discussing all those famous Fourteenth Amendment cases – Roe v. Wade, Griswold v. Connecticut, Romer v. Evans, etc.)  Of course, even a Con Law professor focusing on the Bill of Rights should know that the principle of judicial review has been alive and well since 1803, so I still feel like my educational credentials have been tarnished a bit by the President’s “unprecedented, extraordinary” remarks.

Lambert added: "Fortunately...[t]his morning, the judge for whom I clerked, Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit, called the President’s bluff....I must say, I’m pretty dang proud of Judge Smith right now.  And I’m really looking forward to reading that three-page, single-spaced letter."

http://www.breitbart.com/Big-Government/2012/04/04/Former-Obama-Student-Obamas-Ignorance-of-Constitution-Embarrassing

Claudia

Registered: 10/27/11
Posts: 991
Reply with quote  #27 
I hope that Holder puts together a totally flagrant violation of ALL laws (the kind of thing that Malahi did in Georgia) in that letter and that Judge Smith fully sees how outspaced and unable to be touched this administration thinks they are and he CALLS O AND HOLDER on it by stating that they HAVE got their heads up their you know whats.....  The Supremes are the FINAL place that justification lies and they do have the final right to state whether or not something is Constitutional. 

At least that is what I was taught when I went to school.........(maybe things have changed since then, but if they did, who changed it......  the Judicial Activist Judges who Obama stated have every right to change things, when they actually don't, they don't have a right to make new laws, their duty is to interpret the law as it stands, not make it a more "living" law...).  Just like Kagan should have been forced to recuse, she whipped it around by "living" law to seem that she has every right to be on that board even though she actively worked on pushing the Law to encompass many things that are not legal, and she fought off people who tried to make sure it was never brought before the Legislature for approval as a Bill, as the Solicitor General for Obama's campaign.
Claudia

Registered: 10/27/11
Posts: 991
Reply with quote  #28 

btw,  Lawyer12,

YOUR PROFESSOR ROCKS, at least he had the guts to call O and Holder, that is more than anyone else has done....


Hope he doesn't back down, perhaps you could get a note to him to tell him CONGRATS for having backbone and cojones....  and tell him that there are a lot more people behind that sentiment........ and many of us hope he stays the course.
lawyer12

Registered: 08/03/11
Posts: 405
Reply with quote  #29 
Most lawyers who are required to uphold the Constitution (with their oath) know that Marbury v. Madison (1803) established Judicial Review to allow the Courts to rule acts of Congress/President are deemed unconstitutional.

This is the first thing they teach you in class.  Obama must have not attended class at Harvard at all or their curriculum is so warped that he only paid attention to Professor Bell and his Critical Race Theory.

Professor Lambert has other colleagues who know Obama is full of crap and to even keep credibility, he has to distance himself from it.  Even if you hate the Constitution which Obama and his marxist, communist people do, you can't state that the Courts don't have authority to overturn acts of Congress/President.  Just asinine if you ask me.
lawyer12

Registered: 08/03/11
Posts: 405
Reply with quote  #30 
Even Carney has no clue what he is talking about....

The Blaze masterfully highlighted the asinine comment by Obama and the White House spokesperson.  None of these guys paid attention to class and law school.  No wonder unemployment is so high.

White House Press Secretary Jay Carney has put to bed any idea that the White House might further provoke the federal judiciary by refusing to respond to the 5th Circuit Court‘s call for a clarification of the White House’s position on judicial review. In a press conference today, Carney said the White House would indeed be responding, and tried to offer further clarification on the issue:
“What the president said both yesterday and the day before was — what he did was make an unremarkable observation about 80 years of Supreme Court history,” he said. “Since the 1930s, the Supreme Court has without exception deferred to congress when it comes to Congress’ authority to pass legislation to regulate matters of national economic importance such as healthcare. Eighty years plus. That is an observation and not a particularly remarkable one. It is a statement of fact."

With any luck, the brief the administration will release will also take some time to clarify the president’s remarks on Lochner v. New York – an infamous case frequently used as shorthand for judicial activism in legal circles (cases that involve judicial activism are referred to as “Lochnerizing”).

However, as the Volokh Conspiracy has pointed out, Lochner is completely irrelevant to the Obamacare issue, because Lochner dealt with the issue of whether state governments can impose economic regulation. If the case revolved around Romney’s Massachusetts health care law, this would make sense, but not a federal law, since it has never been seen as Lochnerizing to second guess the federal Congress.

http://www.theblaze.com/stories/carney-tries-to-clarify-obamas-scotus-criticism-a-statement-of-fact/
CAPTAINMACK

Registered: 02/16/12
Posts: 111
Reply with quote  #31 

Between Alinsky, Cloward and Piven's tactics, the Obots are able to twist virtually anything to get it to come out the way they want it to. The thing we are up against is that the weak minded on the left will buy into it because it's what they want to hear. As I have said before; Conservatives believe what they see and Liberals see what they believe!

Beckwith

Super Moderators
Registered: 07/19/11
Posts: 9,537
Reply with quote  #32 

Obama vs Marbury vs Madison

 

I've noticed that Obama is being tagged with the "professor" label again this week -- Jay Carney referred to Obama as "professor" during yesterday's press briefing.

 

For the record, Obama was never, ever a "professor." He was a "Senior Lecturer" not on tenure track.

 

And his peers didn't like him at the University of Chicago.

 

BuckeyeMike

Avatar / Picture

Registered: 03/04/12
Posts: 105
Reply with quote  #33 
Thanks Beckwith. As I've posted before, it disturbs me to hear the title "professor" placed anywhere near Barry's name. It unjustly inflates his status in academia. Your research on the topic is too often overlooked. More people need to read your excellent works on his background, for which I thank you!
Beckwith

Super Moderators
Registered: 07/19/11
Posts: 9,537
Reply with quote  #34 

Carney: Obama attacking Supreme Court’s legal authority is "the reverse of intimidation..."

Zip says Carney is depriving a village somewhere of an idiot.

QUESTION: The president’s remarks about the healthcare case in the Supreme Court has been interpreted as challenging or putting pressure on the Court ahead of their decision. Can you speak to that and why not just allow the Court to reach a decision?

JAY CARNEY: First of all, the president was asked a question and then responded to it. Secondly, as I just said, he made an observation about why he believes that — well, first of all, he believes the Affordable Care Act is constitutional. Why he believes it is constitutional and why he believes that the Supreme Court will, in keeping with 80+ years of judicial precedent and Supreme Court precedent, will defer to Congress on its authority to pass regulation on issues of national economic importance like our healthcare system.

It’s the reverse of intimidation. He’s simply making an observation about precedent and the fact that he expects the Court to adhere to that precedent. It’s obviously, as he made clear yesterday, up to the Court to make its determination and we will wait and see what the Court does.

Keep reading…

 

Beckwith

Super Moderators
Registered: 07/19/11
Posts: 9,537
Reply with quote  #35 

Did Obama pass the Bar?

 

Don Surber says Barack Obama’s little temper tantrum over the Supreme Court voting down his unconstitutional takeover of the health insurance industry may have awakened a sleeping giant -- the Judiciary.

 

Good lawyers know better than to tick off judges. And your common graduate of Cleveland State University knows the Supreme Court rules on the constitutionality of the law. Apparently a Harvard education was wasted on the president because on Monday, the president said it was “unprecedented” for a “group of unelected people” to tell him no. Instead of studying John Marshall, Charles Evans Hughes and Oliver Wendell Holmes, Barack Obama must have been poring over George Wallace’s tirades against that “group of unelected people” in Washington.

Like I said, don’t tick off the judge.

President Obama did and U.S. Judge Jerry Edwin Smith, a 25-year veteran of the bench, gave the president a figurative dressing down.

From Fox News:

A federal appeals court is striking back after President Obama cautioned the Supreme Court against overturning the health care overhaul and warned that such an act would be “unprecedented.”

A three-judge panel for the 5th Circuit Court of Appeals on Tuesday ordered the Justice Department to explain by Thursday whether the administration believes judges have the power to strike down a federal law.

Cut to the chase:

“Does the Department of Justice recognize that federal courts have the authority in appropriate circumstances to strike federal statutes because of one or more constitutional infirmities?” Judge Jerry Smith asked at the hearing.

Justice Department attorney Dana Lydia Kaersvang answered “yes” to that question.

A source inside the courtroom, speaking to Fox News afterward, described the questioning by Smith as pointed.

Smith also made clear during that exchange that he was “referring to statements by the president in the past few days to the effect … that it is somehow inappropriate for what he termed unelected judges to strike acts of Congress.”

“That has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority,” Smith said. “And that’s not a small matter.”

The president’s animosity toward the Constitution is well-known among conservatives, who said this in a 2001 radio interview:

If you look at the victories and failures of the civil rights movement and its litigation strategy in the court, I think where it succeeded was to invest formal rights in previously dispossessed people, so that now I would have the right to vote. I would now be able to sit at the lunch counter and order and as long as I could pay for it I’d be OK

But, the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society. To that extent, as radical as I think people try to characterize the Warren Court, it wasn’t that radical. It didn’t break free from the essential constraints that were placed by the Founding Fathers in the Constitution, at least as it’s been interpreted, and the Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can’t do to you. Says what the federal government can’t do to you, but doesn’t say what the federal government or state government must do on your behalf.

And that hasn’t shifted and one of the, I think, tragedies of the civil rights movement was because the civil rights movement became so court-focused I think there was a tendency to lose track of the political and community organizing and activities on the ground that are able to put together the actual coalition of powers through which you bring about redistributive change. In some ways we still suffer from that.

What sort of 40-year-old American who is not a socialist blathers on about “negative liberties”? He wants unlimited government. That’s socialism. Judge Jerry Edwin Smith called him on that perverted view of constitutional government. Expect more of these confrontations, not less as Barack Obama has chosen anger, hate and spite as his re-election theme.

 

Beckwith

Super Moderators
Registered: 07/19/11
Posts: 9,537
Reply with quote  #36 

CBS reporter to Carney: "President made a mistake and you can’t admit it"

 

CBS News reporter Bill Plante challenged White House press secretary Jay Carney on President Obama’s statement Monday that for the Supreme Court to overturn the Affordable Care Act would be an “extraordinary, unprecedented step,” during a Thursday press briefing.

BILL PLANTE: What he said on Monday was an obvious misspoken moment because he talked about the court not being in a position to overturn an of Congress—

JAY CARNEY: Bill—

PLANTE: You’re standing up there twisting yourself in knots, because he made a mistake and you can’t admit it.

CARNEY: No, no, Bill, I am acknowledging that—you’re sharing in the righteous indignation here that your colleagues—

PLANTE: No, I’m just being—I’m just noting that you’re twisting yourself in knots.

CARNEY: The president spoke in answer to a question, relatively briefly, and in the context of this case, made the statement that there is no judicial precedent—that there is long judicial precedent which would argue that the court should not overturn this law. I totally grant to you that he did not refer to the commerce clause. He did not refer to the whole context. I think he believed that that was understood. Clearly, some folks—notably the person sitting in that chair and others—missed that. And, uh, and, uh—no, no, look. There’s a lot of—it’s kind of ridiculous to believe that the president wasn’t talking about the context of the case, but I completely concede that he did not describe the context when he took the question and answered it on Monday. He then, when asked again Tuesday, provided the full context. And so, did he clarify his comments? Absolutely. Did he expand on them? Absolutely. Yes, Scott. God, you guys. It’s your job to come up with clichés—game on, and things like that. But I’m not going to engage in that.

Reporters challenged Carney on the remarks Wednesday, as well.

   

Beckwith

Super Moderators
Registered: 07/19/11
Posts: 9,537
Reply with quote  #37 

Holder says court power to review laws "beyond dispute"

  

"The point I was making is that the Supreme Court is the final say on our Constitution and our laws, and all of us have to respect it, but . . ."

Read more from the "non-partisan" Politico . . .

Claudia

Registered: 10/27/11
Posts: 991
Reply with quote  #38 
this article came from an article on AOL by HuffPo.....
 
Eric Holder Clarifies President Obama's Supreme Court Comments In Letter To Lower Court

Posted: 04/ 5/2012 1:46 pm

Health Care

WASHINGTON -- Continuing the politically charged back-and-forth between the executive and judicial branches over President Barack Obama's health care reform law, Attorney General Eric Holder on Thursday submitted a letter to a federal appeals court affirming that the "power of the courts to review the constitutionality of legislation is beyond dispute," but reiterated the president's statement that courts should show strong deference to Congress' commerce-based regulations.

"While duly recognizing the courts' authority to engage in judicial review, the Executive Branch has often urged courts to respect the legislative judgments of Congress," Holder wrote. Pointing to the conservative appellate judges who upheld the Affordable Care Act's individual mandate, Holder concluded that principles of judicial restraint "are fully applicable when Congress legislates in the commercial sphere. The courts accord particular deference when evaluating the appropriateness of the means Congress has chosen to exercise its enumerated powers, including the Commerce Clause, to accomplish constitutional ends."

A Republican-appointed federal judge had demanded this statement of the obvious in response to President Obama's comments to reporters on Monday that he did not expect the Supreme Court to strike down his signature health care reform because to do so "would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress."

Those comments appeared to ignore the fact that the courts have had the power for more than two centuries to do just that. Senate Minority Leader Mitch McConnell (R-Ky.) said Obama's comments showed "a fundamental lack of respect for our system of checks and balances." Rep. Lamar Smith (R-Texas) said the president was "threatening" and "trying to intimidate" the Supreme Court.

Judge Jerry Smith, a staunchly conservative Reagan appointee on the U.S. Court of Appeals for the 5th Circuit, then inserted the federal courts into the partisan fray on Tuesday, when he interrupted a Justice Department lawyer in the middle of oral argument in another health care case to tell her that the president's comments "troubled a number of people who have read it as somehow a challenge to the federal courts, or to their authority, or to the appropriateness of the concept of judicial review. And that's not a small matter."

Smith, referring to the Affordable Care Act as "Obamacare" from the bench, ordered the lawyer, Dana Lydia Kaersvang, to submit "a letter stating what is the position of the attorney general and the Department of Justice in regard to the recent statements by the president, stating specifically and in detail, in reference to those statements, what the authority is of the federal courts in this regard in terms of judicial review."

Holder's response made a not-so-subtle jab at the 5th Circuit for going out of its way to call out the president. "The question posed by the Court regarding judicial review does not concern any argument made in the government's brief or at oral argument in this case," the attorney general wrote. "The Department [of Justice] has not in this litigation, nor in any other litigation of which I am aware, ever asked this or any other Court to reconsider or limit long-established precedent concerning judicial review of the constitutionality of federal legislation."

Soon after the 5th Circuit issued its order, the president on Tuesday walked back his comments. "The point I was making is that the Supreme Court has the final say on our Constitution and our laws, and all of us have to respect it," Obama said during an appearance before newspaper executives, noting that it had been more than 75 years since the high court overturned "a law that was passed by Congress on a economic issue like health care."

"It's precisely because of that extraordinary power that the Court has traditionally exercised significant restraint and deference to our duly elected legislature, our Congress. And so the burden is on those who would overturn a law like this," Obama said.

On Wednesday, Attorney General Holder confirmed that his office would reply to the appeals court's order, but defended the president's comments from Monday as "appropriate." At a briefing later that day, White House Press Secretary Jay Carney said Obama was "simply making an observation about precedent and the fact that he expects the Court to adhere to that precedent. It's obviously, as he made clear yesterday, up to the Court to make its determination."

Meanwhile, the Supreme Court justices in their public appearances this week have remained mum about the health care cases before them and the president's comments. "We don't respond to criticism," Justice Antonin Scalia told an audience at the University of Southern Mississippi on Wednesday, according to the Associated Press. "Judges use what's known as the rope-a-dope trick. It's judicial tradition."

Whether that was a dig at the 5th Circuit's order or a hint of the Supreme Court's upcoming decision, Scalia did not say.

Beckwith

Super Moderators
Registered: 07/19/11
Posts: 9,537
Reply with quote  #39 

Beckwith

Super Moderators
Registered: 07/19/11
Posts: 9,537
Reply with quote  #40 

As usual, Obama has it backwards

David Limbaugh asks, is Barack Obama such a die-hard leftist ideologue that he can’t get it right on judicial review, despite having time to reflect and regroup after his impertinent comments designed to intimidate the court?
 
As everyone knows, Obama said Monday, "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." That, he said, would be "judicial activism."

For a man who promised to upgrade the dignity of the office and held himself out as a model of bipartisanship, Obama manages to insinuate himself into every imaginable issue and incident on which he has a strong opinion, from the Cambridge police to Trayvon Martin to Las Vegas tourism. If he wants his administration to engage in Chicago-style political street fighting, couldn’t he at least delegate the task to one of his surrogates?
 
What business does he have calling out the Supreme Court while a major case is pending before it (the Affordable Care Act) and issuing an implied threat that the justices had better not defy him?
 
Please don’t protest that I’m making an unwarranted inference. It’s not as if he hasn’t done something like this before.
 
Do you remember when he looked down on members of the Supreme Court at a joint session of Congress to rebuke and ridicule them for their decision in the Citizens United case to lift limits on corporate spending on campaigns? He said, "The Supreme Court reversed a century of law that I believe will open the floodgates for special interests -- including foreign corporations -- to spend without limit in our elections."
 
In his weekly radio address, he said that the court "handed a huge victory to the special interests and their lobbyists" and that "this ruling strikes at our democracy itself."
 
This public assault was so outrageous that the normally unflappable Chief Justice John Roberts told University of Alabama law students, "The image of having the members of one branch of government standing up, literally surrounding the Supreme Court, cheering and hollering while the court -- according to the requirements of protocol -- has to sit there expressionless, I think, is very troubling."
 
Obama has received similar blowback from his remarks on the ObamaCare case, though not directly from any member of the court. While acknowledging the court’s power to declare laws unconstitutional in theory, he remains defiant about the impropriety of the court’s doing so in this case.
 
It seems that when the court overturns a law liberals like or upholds a law they oppose -- irrespective of whether it conforms to the Constitution -- they cry judicial activism.
 
Thus, Obama and liberals go berserk when the court, exercising its constitutional prerogative to pass on the constitutionality of laws, properly strikes down laws that are incompatible with our fundamental law -- when liberals support those laws. But that’s not judicial activism; it’s upholding the integrity of our structure of representative government.
 
Judicial activism is when courts uphold laws inconsistent with the Constitution or overturn laws that are consistent with it -- mostly to achieve a certain policy result. It’s when courts act as super-legislatures, making up their own laws or substituting their political judgment for that of the democratically elected legislative branch in cases in which neither statutory nor constitutional interpretation warrants it.
 
Judicial activism is objectionable because it strikes at the very foundation of our government, which is not a "democracy" as Obama said, but a constitutional republic. If the court upholds or rejects laws based on nothing but its own political preferences, we have a government not of laws, but of nine robed men.
 
If the Supreme Court were to overturn ObamaCare, it would not be engaging in judicial activism; it would be reining in a renegade and Congress from their lawless power grab and reinforcing the integrity of the Constitution -- and thus our very republican form of government and its attendant liberties.
 
If the court were to uphold ObamaCare, it would be thrusting another long knife in our ailing Constitution and, once again, violating the Constitution’s scheme of limited government, which grants expressly enumerated powers to the legislative branch -- which do not include, even when coupled with the necessary and proper clause, the right to force people to purchase health insurance.
 
The irony is that ordinarily, liberals don’t have any problem with true judicial activism; they’ve long been saying that the Constitution is a living and breathing document and that the court must often rewrite it to keep it in step with our "enlightened" modernity.
 
If Barack Obama wants to prevent assaults on what he inaccurately calls our "democracy," he should refrain from efforts to intimidate the court.

Beckwith

Super Moderators
Registered: 07/19/11
Posts: 9,537
Reply with quote  #41 

Former Obama law student speaks out

Thom Lambert says, imagine if you picked up your morning paper to read that one of your astronomy professors had publicly questioned whether the earth, in fact, revolves around the sun.  Or suppose that one of your economics professors was quoted as saying that consumers would purchase more gasoline if the price would simply rise.  Or maybe your high school math teacher was publicly insisting that 2 + 2 = 5.  You’d be a little embarrassed, right?  You’d worry that your colleagues and friends might begin to question your astronomical, economic, or mathematical literacy.
 
Now you know how I felt this morning when I read in the Wall Street Journal that my own constitutional law professor had stated that it would be “an unprecedented, extraordinary step” for the Supreme Court to “overturn[] a law [i.e., the Affordable Care Act] that was passed by a strong majority of a democratically elected Congress.”  Putting aside the “strong majority” nonsense (the deeply unpopular Affordable Care Act got through the Senate with the minimum number of votes needed to survive a filibuster and passed 219-212 in the House), saying that it would be “unprecedented” and “extraordinary” for the Supreme Court to strike down a law that violates the Constitution is like saying that Kansas City is the capital of Kansas.  Thus, a Wall Street Journal editorial queried this about the President who “famously taught constitutional law at the University of Chicago”:  “[D]id he somehow not teach the historic case of Marbury v. Madison?”
 
I actually know the answer to that question.  It’s no (well, technically yes…he didn’t).  Barack Obama taught “Con Law III” at Chicago.  Judicial review, federalism, the separation of powers — the old “structural Constitution” stuff — is covered in “Con Law I” (or at least it was when I was a student).  Con Law III covers the Fourteenth Amendment.  (Oddly enough, Prof. Obama didn’t seem too concerned about “an unelected group of people” overturning a “duly constituted and passed law” when we were discussing all those famous Fourteenth Amendment cases – Roe v. Wade, Griswold v. Connecticut, Romer v. Evans, etc.)  Of course, even a Con Law professor focusing on the Bill of Rights should know that the principle of judicial review has been alive and well since 1803, so I still feel like my educational credentials have been tarnished a bit by the President’s “unprecedented, extraordinary” remarks...

Read entire account here . . .
 

Beckwith

Super Moderators
Registered: 07/19/11
Posts: 9,537
Reply with quote  #42 

The latest on Obama vs. The Court

RUSH: The Justice Department got their homework assignment in on time to Judge Smith at the Fifth Circuit court in Houston.  He demanded a three-page single-spaced letter, and that really ticked off the left that this judge would essentially issue a homework assignment to the Department of Justice.  What really ticked off the left was that the government lawyer acknowledged, "Oh, yeah, Judge, there's judicial review, and we accept that." And the judge, the left says, should have accepted that.  Instead he issued this order that the department itself issue him a three-page single spaced letter memo explaining their understanding of judicial review, and it is three pages long.  And it is single-spaced.  And it was signed by Eric the Red himself.  Eric Holder.

In a nutshell, the attorney general, Eric the Red, claims that the Department of Justice supports judicial review and that Obama's comments shows that he did, too.  That's what it says when you boil it down. Which, of course, is untrue.  Obama did the exact opposite.  Holder says that laws passed by Congress are... I never heard of this word,  presumptively constitutional.  Laws passed by Congress are presumptively constitutional even though Holder's own DOJ is fighting the constitutionality of the Defense of Marriage Act as we speak.  This is one of the ironies of this.  While Obama's out there saying that courts never overturn, they're asking the court to overturn DOMA.  Even though DOMA was passed by a duly elected Congress, duly constituted bill, whatever. But both Obama and Holder have pronounced it to be unconstitutional.

There's a story here today, Reuters:  "White House in Damage Control Over Obama Supreme Court Remarks."  They're not in any damage control.  He said exactly what he intended to say.  There's no damage control going on.  That's the illusion.  They want you to think that there's damage control going on.  That's exactly what Obama meant to say.  We touched on this yesterday, but it is so truly hilarious that it might be worth going into a little bit more detail, because at the very least it shows Obama's ignorance and arrogance.  Yesterday the White House "spokeskid," Jay Carney, said that Obama merely made an unremarkable observation about 80 years of Supreme Court history, which is remarkably clueless even for the Carney kid.

Obama's so-called observation was inaccurate in every aspect.  If it was so unremarkable, why are so many people remarking on it, including Obama, and why do we have the story about damage control?  Obama was campaigning when he made this statement, and he was campaigning to the stupid.  I'm sorry to have to repeat this to you, but we may have people listening that weren't yesterday.  This whole thing, Obama has decided that he's going to get reelected on the stupid.  What he basically was saying was these guys on the court are gonna take away your health care, and they're not allowed to do that, but they're gonna do it.  They want to take away your health care.  And they better not, they better understand.  I'm warning them.

It was no mystery what Obama was doing, and this idea that he's in damage control is just laughable. (interruption) Well, I don't assume the stupid are listening here, Snerdley.  Snerdley wants to know if the stupid are smart enough to know I'm talking about them.  I don't assume the stupid are listening. (interruption) Well, I don't know.  Well, maybe the stupid will hear about it, but then the question is will they be smart enough to know that I'm talking about them?  It's sort of like when you ban the ugly and say, "Make it voluntary."  Then the question becomes:  Do the ugly know they're ugly?  There's no scientific data on that.  Do the stupid know that they're stupid?  Probably not, by definition.

The stupid think everybody else is stupid.  But they're smart enough to know that Obama's looking out for 'em, not Bill O'Reilly.  They think Obama's looking out for 'em.  And so here's Obama telling them essentially that the court doesn't have the right to take away their health care, but they're thinking of doing it.  That's what he's telling 'em.  No damage control here.  What they're trying to do is structure this so that Obama doesn't have to take it back.  It's a campaign statement.  That's all that's going on here, is an attempt to massage this.

Continue reading here . . .

Beckwith

Super Moderators
Registered: 07/19/11
Posts: 9,537
Reply with quote  #43 

When clever only looks like dumb

Wesley Pruden says presidential contempt for the Supreme Court and inconvenient law is not new. But rarely has a president sounded so, well, dumb, as when Barack Obama lectured the justices on what they can and can’t do to his cherished Obamacare.

The court would take an "unprecedented, extraordinary step" if it overturns his health care scheme because it was enacted by a "strong majority of a democratically elected Congress," the president declared. Obamacare actually cleared the House by only seven votes, 219 to 212, and on their face the president’s remarks betray an astonishing ignorance of the Constitution and how the republic works.

But Barack Obama is neither dumb nor ignorant. The man praised as the greatest orator since Demosthenes celebrated hope and change in ancient Greece knows better than to bandy words foolishly. So why would he say something so foolish and dumb?

Even a community organizer knows that the authority of the Supreme Court to determine whether acts of Congress conflict with the Constitution is well and truly established. The president, who frequently describes himself (inaccurately) as a former professor of constitutional law, sounded willfully ignorant. The White House has been putting out "clarifications" every day since, arguing that Mr. Obama, once a "senior lecturer" at the University of Chicago Law School, didn’t actually say what he actually did say.

Republican politicians, pundits, lawyers and academics who leaped to lecture the president on the finer points of the Constitution missed by a mile the point of his rant. Mr. Obama’s rant was not meant for Republican politicians, pundits, lawyers and academics. He was talking to his congregation and his choir, building a fire under them and giving them an advance look at talking points for the campaign to come if the Supremes kill or wound Obamacare. He’s more than willing to sound dumb and ignorant in the greater cause of his re-election.

He actually appropriated battle-tested language of assaults on earlier Supreme Courts, berating "judicial activism" of "an unelected group of people" trying to "somehow overturn a duly constituted and passed law." The president had clearly been reading about the campaign to "Impeach Earl Warren" on billboards and bus-stop benches in the wake of the desegregation rulings a generation (and more) ago. These billboards flourished like azaleas in April along highways and byways across the South.

No one actually expected to see the chief justice dispatched in shame and ignominy, but the vision of such a spectacle, cultivated by segregationist politicians in Richmond and Birmingham and Little Rock to keep hope alive, propelled white voters to the ballot box to preserve the politicians. Maybe this court’s conservative majority could be demonized, too.

Barack Obama’s rant against the court was of a piece with his earlier joining the Revs. Al Sharpton and Jesse Jackson -- and much of the mainstream media -- in race-baiting tragedy in the death of Trayvon Martin. Instead of quietly assigning the Justice Department to determine the facts and whether Trayvon Martin’s civil rights in federal law were violated, the president suggested the tragedy was all about race when there is still no evidence that it was about race at all. Race-baiting, ugly but often effective, was once the exclusive province of the right; it has become the default tactic of the left.

Obama uses the tactic skillfully. He put his remarks about the Trayvon Martin tragedy in the most calculated and emotional terms -- "if I had a son, he would look like Trayvon Martin" -- and his lecture to the Supreme Court was carefully calibrated, with lawyerly ahs, umms and pauses suggesting that he had given his remarks careful thought and was determined to be precise and specific (like Demosthenes). The later "clarifications" put out by the White House retracted nothing.

Attorney Gen. Eric H. Holder Jr. delivered at the end of Mr. Obama’s remarkable week the "three-page, single-spaced letter" requested by a U.S. appeals court judge in Houston, affirming that the Justice Department agrees, even if the president appeared not to, that "the power of the courts to review the constitutionality of legislation is beyond dispute." No surprise there, and we can be sure that the president himself vetted the letter, if indeed he did not write it himself.

One outraged pundit decides that Mr. Obama has revealed himself to be "no longer a serious man. Nor an honest one." This misses the point, too. Barack Obama never was.

Beckwith

Super Moderators
Registered: 07/19/11
Posts: 9,537
Reply with quote  #44 

Ann Coulter wants to see Obama’s college records

RealClearPolitics has a video of of Ann Coulter saying, "I used to think some of these right-wingers were kind of nutty demanding to see Obama's college and law school transcripts. I want to see them now," on Thursday's broadcast of "Hannity" on the FOX News Channel.
 
"Liberals are often trying to push this idea that judicial review means overturning any act of Congress, or rather judicial activism," Coulter said. "Judicial activism is anything when the Supreme Court doesn’t obey what the Constitution says, like when they invent rights to abortion, rights to gay, rights for criminals to go free if a specific Miranda warning hasn't been read to them."
 
"And normally you get the opposite from liberals, because whatever they can’t get through the process of democracy by having people vote on it, they get five Justices on the Supreme Court to announce it’s a constitutional right. You only have judicial activism on the left, you never get it from the conservative Justices otherwise they would be fantasizing, you know, a constitutional right to a flat tax, to bear nuclear arms," Coulter also said.

 

Beckwith

Super Moderators
Registered: 07/19/11
Posts: 9,537
Reply with quote  #45 

Obama v. Supreme Court

Jeffrey T. Kuhner says Barack Obama is undermining the rule of law. On Monday, he openly attacked the Supreme Court. He fears that the high court will overturn ObamaCare. It is the president’s signature domestic achievement - the jewel in his socialist crown. To repeal parts or all of it would be a humiliating repudiation. Hence, Obama is resorting to bullying.

"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," he said.

Moreover, Obama argued that nullifying ObamaCare would amount to "judicial activism," whereby "unelected" judges trump the will of legislative representatives. His warning was clear and unequivocal: Supreme Court justices must not rule against his administration. The president fired a shot across the high court’s bow.

His remarks were astonishing - and chilling. It is rare for a president to comment on a case before the Supreme Court renders a decision. Presidents often have fulminated about rulings with which they disagreed (usually in private), but hardly ever while the justices are still deliberating. The reason is simple: to prevent undue influence - political lobbying - on the independent judiciary. This goes to the heart of America’s constitutional structure of separation of powers and checks and balances. Yet Obama is willing to intimidate the high court, warning that a political price will be paid if they overturn ObamaCare. He is behaving like a strongman who believes he can bend the Supreme Court to his will.

Obama’s comments reflect the panic spreading throughout the liberal establishment. Last week’s oral arguments in front of the high court devastated the constitutional basis of ObamaCare, especially its individual mandate that compels almost every American to purchase insurance or else pay a penalty. Conservative justices made the obvious point: If the federal government can force a citizen to purchase health care insurance, then it can mandate almost anything - including eating broccoli. It is state coercion masquerading as social justice, a massive expansion of government intrusion at the expense of basic freedoms and a naked - and unlawful - power grab. No one knows how the Supreme Court will rule. Yet, based on the skeptical tone and line of questioning, the health care overhaul looks to be in deep trouble.

This is why the legal left has engaged in a full-scale effort to demonize the court. Liberal commentators are now portraying conservative justices as Republican-appointed hacks, bent on repealing ObamaCare simply for political reasons. Their goal is to paint Supreme Court justices in a potential majority as villains in order to galvanize Democrats for the November election season. Instead of dealing with the merits of the case, liberals - led by the president - want to weaken a pivotal institution of our democracy.

Obama’s comments are false. It would not be "unprecedented" or "extraordinary" if the Supreme Court overturns ObamaCare. For more than 200 years, the high court has struck down countless laws passed by Congress or state legislatures, many of them with much stronger majorities than the Affordable Care Act. The Supreme Court’s role is not to devise health care policy or take into account the political ramifications of its decisions. Rather, it has one overriding purpose: to uphold the Constitution. Nowhere does our founding document give the federal government the authority to impose and regulate a nationalized health care system. This is why ObamaCare is illegal and unconstitutional. It deserves to be swept into the ash heap of history.

The legislation also signifies a betrayal of American democracy. Contrary to Obama’s spin, the Affordable Care Act was jammed through Congress. It passed the House by a narrow vote of 219-212, even though the Democrats had an overwhelming majority of 75 seats. In the Senate, it barely crossed the 60-vote threshold to avoid a filibuster and passed without a single Republican vote. The law was deeply unpopular with the electorate. Obama Democrats desperately rushed it through Congress, abusing parliamentary procedures and bribing key members of the Senate. It is today even less popular with voters. No one - including Obama - bothered to read the 2,700-page monstrosity before putting it into law. The entire enterprise reeked of contempt for democratic values and constitutional government.

This is not the first time Obama has sought to intimidate the Supreme Court. In his 2010 State of the Union Address, he publicly scolded the justices sitting before him for their Citizens United decision, which overturned campaign-finance restrictions. The justices were obviously shocked - the president was using the bully pulpit to berate and smear them. His message was a simple one: Toe the administration line or become a political target. This is the kind of behavior common in Hugo Chavez’s Venezuela or Robert Mugabe’s Zimbabwe. It has no place in America.

Obama has declared war on the Supreme Court. He is a shameless demagogue who will say and do almost anything to retain his grip on power. ObamaCare is his greatest legacy. He has achieved what his liberal predecessors - Franklin D. Roosevelt, Jimmy Carter and Bill Clinton - could only dream of: universal government-run health care. It marks the culmination of a cradle-to-grave welfare state, implanting European-style social democracy on American soil. Nothing - not the Constitution, the Supreme Court or public opinion - can be allowed to stand in its way. Obama is waging a scorched-earth campaign in order to achieve his goals. Future historians will condemn him as an arrogant leader who pursued a cynical strategy, assaulting the very pillars of our republic.

Beckwith

Super Moderators
Registered: 07/19/11
Posts: 9,537
Reply with quote  #46 

Judge says Obama approaching totalitarianism


Beckwith

Super Moderators
Registered: 07/19/11
Posts: 9,537
Reply with quote  #47 

Obama -- Saul Alinsky's star student

Mychal Massie says that many say Barack Obama is the most divisive, egocentric megalomaniac ever to hold his office. Others say he is the most ruthless and defiantly determined Marxist-Leninist ever to become president. I say he is, by definition and actions, both. I do not believe he misspeaks or stumbles legislatively, and I certainly do not believe he misspoke or was misunderstood pursuant to his statements against the justices of Supreme Court of the United States.
 
His attacks against the court were not simply reflexive, they were instinctive, calculated components of his training by his mentor, Saul Alinsky. In 2008, Alinsky’s son, David, said: "Barack Obama’s training in Chicago by the great community organizers is showing its effectiveness. It is an amazingly powerful format, and the method of my late father always works to get the message out and get the supporters on board. When executed meticulously and thoughtfully, it is a powerful strategy for initiating change and making it really happen. Obama learned his lessons [from my father] well." ("Saul Alinsky’s Son: Obama Learned His Lesson Well," Sept. 2, 2008, Judi McLeod, Canada Free Press)
 
Alinsky continued, saying that he was "proud to see" his communist father’s model for Marxist takeover successfully impacting "the [Democratic] campaign in 2008," adding, it was "a fine tribute to Saul Alinsky."
 
That is precisely why I argue that his SCOTUS attack was just that -- an attack -- and he meant every word he said. His attacks were not pulled out of thin air.

People asked why it took a month for the Trayvon Martin incident to become an issue. I submit it was because his minions were waiting for the high court to begin hearing his health-care legislation. Using tragedy as a means to foment rage, and then using that rage as a match to ignite dried grass, is what communists like Alinsky taught. Obama honed this skill by following Alinsky’s teachings to the letter as he helped build the Developing Communities Project (DCP) of the Calumet Community Religious Conference (CCRC) while in Chicago. As McLeod reminded us, both of those groups were built following Alinksy’s model of community agitation, or as Alinsky taught, by "rubbing raw the sores of discontent."
 
That is what Obama did -- he helped fan the flames of controversy in Florida and then took that contempt and turned it toward the courts. In military terms, he was softening the ground, i.e., heavy bombing runs, before sending in the ground troops. He knew full well the things he was saying were outright lies, and he knew that he would be criticized for his intentional dishonesty.

But he also knew that it wouldn’t matter to those who will follow anyone preaching discontent and immiseration -- his objective being to use this seething undercurrent of rage to ignite national unrest if the high court doesn’t vote as he wants. And have no doubt that when I say "as he wants," I am saying "as he demands." He has already selected and framed those justices he intends to blame and attack, which is why we are hearing that the court’s vote will be 6-3 in favor of retaining Obamacare. It is why he’s talking about unelected justices and calling them judicial activists.
 
Last November, I wrote: "If the high court rules Obama does not have the constitutional authority to force us to purchase health insurance, will Obama abide by the ruling, or will he pull a Franklin D. Roosevelt and attempt to overrule the court’s decision?"
 
I am prepared to say he will find a way not to obey the SCOTUS if he doesn’t like its ruling. He’s already arbitrarily decided which laws he won’t enforce. And acting like a tin fuehrer, he has traveled around the country telling people he was going to take executive actions on a regular basis, with or without Congress. In other words, spit on the Constitution, he’ll do as he pleases.
 
Obama is a hardcore Marxist-Leninist. He was one of Alinksy’s best disciples and, as Alinsky’s son proudly boasted, he learned his lessons well. We cannot give this Erebusic evil another term. The question is, what do we replace him with? This is why the tea-party movement is so important -- we must vet candidates and replace the vapid and feckless in Congress with trusted patriots.
 
Obama has no respect for our institutions, the Constitution, or the people of this country. Every time he arrogantly tilts his head back with his nose in the air, he’s telling us he’s better than we are. He has alienated our allies, he detests Israel, and by all indications, he is selling her out on Iran. And when he was caught red-handed (pun intended), promising Russia our secrets when, not if, he is re-elected -- the following day he made light of it, wanting us to believe he was just joking about giving away our secrets.
 
Obama is a communist and we had better understand that because this Alinskyite is not just destroying our way of life, he is betraying us to our enemies.

Beckwith

Super Moderators
Registered: 07/19/11
Posts: 9,537
Reply with quote  #48 

HHS pushes out cash ahead of ruling

Politico is reporting that conservatives wanted the White House to stop spending on the health care law until the Supreme Court rules on whether it’s constitutional.
 
But the administration has forged ahead, spending at least $2.7 billion since oral arguments in the case ended on March 28. That’s more than double the amount that was handed out in the three-month period leading up to the arguments, according to a POLITICO review of funding announcements from the Department of Health and Human Services.

While much -- if not all -- of this funding was in the pipeline well before March, the timeline for handing out specific funds is not set in stone, which gives the agency leeway over the kinds of dollars it has been handing out.

And the stakes have increased as the date of a Supreme Court ruling approaches, because money that is spent won’t have to be repaid, most likely. But remaining funds will dry up if the court strikes down the law.
 
The court is expected to announce its decision next week.
 
The $2.7 billion includes grants and awards that have been handed out since the Supreme Court arguments -- including more than $90 million in funds for health insurance cooperatives that HHS announced Friday afternoon.
 
By contrast, the administration gave out about $1 billion in grants, loans and other awards during the three months before the Supreme Court arguments.
 
An HHS spokesperson strongly disputed the idea that there was any change in the timeline because of the court.
 
"This story is flat-out wrong. Since the passage of the Affordable Care Act more than two years ago, we have worked continuously to implement the law and to educate the American people about the benefits," the spokesperson said. "The premise of the story does not take into account the timeline of implementation."

Continue reading here . . .

Claudia

Registered: 10/27/11
Posts: 991
Reply with quote  #49 

tick tock.........tick tock..... I just sincerely hope that we are not all FOOLS looking toward the Supremes for a lawful repeal of the HealthCare Law.....

 

you know all the pundits on the tube this morning were saying that this was just about the ObamaCare Bill on the top, meaning that nothing in that Bill was going to hurt anyone except IF they rule that the Mandate is to be taken out, then all those under or right around the age of 26 were going to be pulled off of the parents insurance and that the people with pre-existing conditions were going to be extremely hurt, but what about the parts of the Bill that state the IRS has direct access to every persons bank account and that the people that are hired to be the death panels would be in control of all the lives of people over a certain age and deemed unimportant in the general scheme of things by the Administration....and the thousand other little things that are a part of that Bill that are UNCONSTITUTIONAL to the AVERAGE AMERICAN who is just trying to live a life the way God intended, THOSE ARE THE PARTS OF THE BILL THAT HAVE TO BE TAKEN OUT AND THROWN AWAY IMMEDIATELY, for they are the things that will hurt everyone, that the majority of people don't even know are in that Bill, unless they actually sat down and read every word of every page, for all those things are hidden in plain sight, right under the cover of good words printed on paper that is white, but very deeply BLACK UNDERNEATH.......

Longknife 21

Registered: 09/25/11
Posts: 1,386
Reply with quote  #50 
Claudia, 
I saw an article that most of the former law clerks at SCOTUS believe the Individual Mandate is gone. For whatever that is worth.

http://www.washingtonpost.com/blogs/ezra-klein/post/poll-former-supreme-court-clerks-think-the-mandate-is-done-for/2012/06/21/gJQAYn8ZtV_blog.html
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