Obama vs Supreme Court: blogger commentary

Yesterday, I examined a portion of the statement President Obama made in regards to the pending Supreme Court ruling on the Affordable Care Act (Obamacare).  Today, I’m giving our fellow bloggers a chance to sound off.  Please take a moment to visit their sites and share your views with them.

A Disgruntled Republican: Actually, it is NOT unprecedented for a U.S. President to try to intimidate the Supreme Court. FDR did it in the 1930s when the Court overturned his attempt to convert the US to a Mussolini style fascist economy VIA the NIRA. Roosevelt threatened to “pack” the Court by nominating enough extra puppet Justices that the Court could no longer defy his and Congress’s wishes. The Court got the message, even though packing didn’t happen. They caved on many significant economic freedom cases after that. A truly chilling effect, where even the threat was enough to destroy the Court’s role as a check and balance.

Bark Bark Woof Woof: If you need a more recent example of “vicious” attacks on the courts by a presidential candidate, Steve M. notes that Ronald Reagan makes Barack Obama look like a wuss. I realize that all bullies are thin-skinned and masters of dishing out what they can’t take, and so does the president. I’ll bet that he made those statements just to get a rise out of them; sometimes we all need a little amusement.

Capitol Commentary: This nation does not need to go through the type of social upheaval such as what happened in the 1960s when people such as John and Robert Kennedy and Martin Luther King, Jr. were assassinated by people who disagreed with them. President Obama’s words against the Supreme Court are not, by themselves, calamitous though they could easily lead down that path. Such a man does not appear to respect the institutions of Government and a hasty departure after November 5th is in order.

Conservative Blogs Central: The 3rd branch, the Judiciary Branch, decides if the ideas the other 2 are making are in fact constitutional. Watch any State of the Union address. The president makes a boast and his congressional supporters tow the party line and applaud while the opposing party sits in silence. The judiciary branch, like the military, never stands. Their function is not to tow party lines, but decide if the 2 branches are following the constitution.

Mad Kane’s Political Madness: (The following is a limerick)

The very same wingnuts who blast
So-called “activist courts” are aghast
And are faulting Obama
With petulant drama:
“He’s attacking the Court,” they lambaste.

Seems those wingnut Supremes need a hug,
Cuz Obama’s a meanie and “thug.”
His complaint, although mild,
Is driving them wild.
Those guys are sure easy to bug.

Political Pistachio: If the Supreme Court decides the Affordable Care Act is Constitutional, Obama will proclaim himself as the greatest president the country has ever seen. If the Supreme Court decides the Health Care Law is unconstitutional, he will proclaim the justices that voted against him to be enemies of the State, and will find a way to force it on us anyhow, claiming the republicans are just trying to sabotage his presidency.

Questions and Observations: Justice Kennedy alluded to this when he said that the removal of the individual mandate would completely change the law in a way that was clearly not what Congress intended. Thus the “conservative” thing for the court to do would be to strike down the entire law and tell Congress to go back to work. Of course the Democrats and Obama know that if the entire law is struck down, the likelihood of it being “fixed”, given the Republican House, are remote. Thus we hear the usual nonsense about “judicial activism” and the other garbage Obama tossed out above making the rounds on the left.

Scott Spiegel: Talk about chutzpah. The same chief executive who refused to provide a speck of guidance to one branch of government in crafting his signature legislation is now threatening another branch of government not to overturn it. Does President Obama believe in the separation of powers? You wouldn’t know it from his intemperate comments Monday on the legal challenge to the Patient Protection and Affordable Care Act, which the Supreme Court is now deliberating. Just days after skeptical justices had subjected administration lawyers and their opponents to a historic six hours of questioning, and just as the judges were retreating to contemplate the competing claims in private, Obama stood up in the Rose Garden and loudly warned the nine “unelected” rubes that they’d better get this one right.

TalkLeft: In discussing the constitutionality of the individual mandate in the Affordable Care Act, much has been made of the supposed unprecedented nature of the regulation of “inactivity.” I have found the argument to be so specious (particularly when one considers the power conferred by the Necessary and Proper Clause), that I have devoted little time to rebutting this argument. But in passing on another subject, I reread NLRB v. Jones & Laughlin Steel, 301 US Reports 1 (1937), the case that began the the “switch in time saves 9″ process. A review of the case is instructive. Follow to the other side for the discussion.

The Lid: Today just as he did over two years ago during his State of the Union speech, President Obama is acting like a mere street bully. He is attacking he court at a time when it is impossible for the court to respond. To the justices of the court, the constitutional separation of powers are even more important than the ruling on one specific case, our republic depends on that separation. If the justices did vote to strike down the law on Friday, Obama’s street bully tactics will make them more steadfast in their decision. The Supreme Court does not respond well to presidential bullying, and neither should the American people.

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