I don’t remember when I first heard of Marbury vs, Madison, it could have been as early as 7th grade history, or perhaps in high school. I do recall from an early age that it was the 1803 Supreme Court case that confirmed the principle of judicial review, that is, the ability of the court system to determine that a statute enacted by Congress or a state legislature is contrary to the Constitution and this void and ineffective. The sentence that stuck in my mind (and given the number of times it has been quoted, in many other minds as well) was Justice John Marshall’s statement that ” it is emphatically the province and duty of the judicial department to say what the law is.” So President Obama’s statement regarding the “unelected judges” who might dare to overturn a statute such as his carelessly drafted health care law would be “unprecedented” was surely misplaced.
The Court has often invalidated both acts of Congress and of states when they conflicted with the Constitution. It is true that for the past 75 years or so, it has generally deferred to Congress regarding so-called “economic” regulation as being within the purview of the power to regulate interstate commerce, but since nearly all human activity, including, I suppose, flatulence, has a conceivable effect on commerce, there has to be some limiting principle. If there were not the specific grant of power to Congress would be superfluous. Fart police? It boggles the mind.
The reason we have a written Constitution in the first place is to restrain government, not enable it to do whatever a collection of special interests can cobble together a majority to do. The court system, headed by the Supreme Court, is a final backstop to legislative excess and executive arrogance.
I have heard it said that President Obama is much like Jimmy Carter. Not at all. Carter was a humble man, albeit with good reason to be humble. Obama reminds me more of Richard Nixon, who, once famously declared that the President was sovereign, and railed against the Court on a number of occasions. Don’t know about the flatulence, but plenty of vowel movement.
The only true sovereign is the individual. We cede part of our sovereignty to governing bodies at various levels, beginning with our family when we are dependent, to secure our liberty, safety, and security.
2 replies on “Flatulence and Vowel Movements”
For what's it's worth, many of us on the Left were also distressed by the president's remarks–bad timing if nothing else. And the White House, through Jay Carney, is back peddling: “He did not suggest — did not mean and did not suggest that the Court — [that] it would be unprecedented for the Court to rule that a law was unconstitutional,” Carney said. “That's what the Supreme Court is there to do. But it has, under the Commerce Clause, deferred to Congress' authority in matters of national economic importance.” [http://www.huffingtonpost.com/2012/04/04/obama-health-care-ruling_n_1403763.html?ref=mostpopular]
let's play what if…
McCain is elected. He brings in Newt, The Heritage Foundation, Cato institute, and Romney and all the past members of congress that supported the mandate before there was a dem in the white house. They pass a similar law with a mandate, but call it “sharing the responsibility”, because after all, this is the party of personal responsibility.
Do you honestly think this would be sitting with the courts today? c'mon. I'm not saying this is a total partisan move, well, I am, actually. I'm fine with the slight of the SC – the justices are regularly engaged in affairs that create conflict of interest (see Judge Thomas' wife being a lobbyist for the tea party/Koch Bros!!)
Here's your history of the mandate-
http://healthcarereform.procon.org/view.resource.php?resourceID=004182