Posted by AzBlueMeanie:
The conservative talking point du jure that has all the right-wing propagandists clutching their pearls and feigning outrage, ranging from the inflamatory Rush Limbaugh to the always lame neoconservative opinion writers at the Washington Post (e.g., Ruth Marcus republished today in the Arizona Daily Star) is that President Obama: (1) threatened the U.S. Supreme Court; (2) threatens the "separation of powers;" and, naturally (3) the former law professor doesn't know constitutional law. (Always diminish him and attack his legitimacy — that is how the right-wing politics of personal destruction works).
First of all, these propagandists of the right-wing noise machine know neither the finer points of constitutional law nor their American history. They are propagandists after all.
Secondly, President Obama merely made the observation that the Supreme Court has traditionally exercised judicial restraint and deference to the legislative acts of Congress.
The quote that has the right-wing propagandists clutching their pearls and feigning outrage is:
I am confident 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…
I just remind conservative commentators that for years we have heard the biggest problem on the bench was judicial activism or a lack of judicial restraint. That an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example and I am pretty confident that this Court will recognize that and not take that step…
As I said, we are confident this will be over — this will be upheld. I am confident this will be upheld because it should be upheld. And again, that is not just my opinion. That is the opinion of a whole lot of constitutional law professors and academics and judges and lawyers who have examined this law, even if they're not particularly sympathetic to this piece of legislation or my presidency.
Here are just a few of the Rules of Statutory Construction that "Professor" Obama clearly had in mind:
- "When testing the constitutional validity of statutes, courts shall presume the statute to be valid."
- "Every act of the legislature is presumed to be constitutional, and the Constitution is to be given a liberal construction so as to sustain the enactment in question, if practicable."
- "When the constitutionality of an act is challenged, a heavy burden of proof is thrust upon the party making the challenge. All laws are presumed to be constitutional and this presumption is one of the strongest known to the law."
There is a strong historical comparison to the hostility President Obama faces from the "Felonious Five" conservative judicial activists of this Supreme Court to the conservative judicial activist Supreme Court that existed in President Franklin Roosevelt's first term. Andrew Cohen, a contributing editor at The Atlantic and a legal analyst for 60 Minutes, makes the case in an analysis at The Atlantic, For Barack Obama, Law Professor, the Time to Lecture Is Now (excerpts):
When President Obama on Monday (and again on Tuesday) offered his own legal analysis, when he accurately identified the hypocrisy the health-care law's defeat would reveal about "judicial activism," he raised for renewed public consideration the question of what a president should or should not say while a Court case is pending.
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In this context, and especially compared with the past, what President Obama said was a virtual mash note to the justices.