I don’t believe this President is a “Constitutional Lawyer” based on his recent public criticism of the Supreme Court’s potential decision in the healthcare case. He has either forgotten his lessons or he thinks the country is that stupid. There is also the theory from the “conspiracy” types that he has been tipped off by one of his two recent Supreme Court appointees, Sotomayor, and Kagan that the court is leaning toward the unconstitutionality of the law. I do not wish to believe that but anything is possible with this administration.
President Obama has stated that an unconstitutional ruling is equal to “judicial activism.” This is not the truth. Judicial activism is when the court creates legislation from the bench. If the court determines that there is no authority in the constitution for the Congress to mandate the purchase of healthcare and strikes it down, the Congress can simply re-structure and pass a new law without the mandate. That is simply the role the Supreme Court plays in the process.
President Obama has also said this law was passed with “overwhelming” support of the Congress. If I recall correctly, not a single Republican in the House voted for it, and maybe 1 Republican in the Senate. Seventy percent of the country wants the law repealed. The President seems to be setting the stage that no matter which way this goes it will be the deciding issue of the November election.
If the healthcare law is determined to be unconstitutional, the left with help from the President will make the argument those conservatives, Republicans, and the Supreme Court need to be replaced with people that support helping the “least capable” among us. They will invoke class warfare about how republicans want to help Wall Street not Main Street blah blah blah… If the law is deemed constitutional it is the end of the Republic as we know it and it is time to invoke the second paragraph of the Declaration of Independence:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed.”
Healthcare will become the intrusive power to which the federal government will have no bounds into the control of our lives. I have little confidence that even a change of political parties in November, Republicans will have the guts to repeal the law. The Tea Party will have to organize to reset the government to its original intent.
This President has forgotten that the three branches of government are independent and separate for a reason. Just because this President thinks something is a good idea doesn’t make it so or make it constitutional. As a constitutional student he has failed. Or he has a mission to destroy our founding principles. If he is threatening the Supreme Court my reply would be: The Supreme Court should show this president they can’t be intimidated because they are on equal footing according the constitution. A constitution in peril of being deemed insignificant by the justices of that same Supreme Court…