More blowback from Obama's Supreme Ct. threat

[regent]

1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States,

No, no, that's not the power to decide if a law of Congress is Constitutional. It says the Court has the power to try all cases in law and equity arising under the Constitution, that's under the Constitution. If those words covered the power to declare an act of Congress, there would be little controversy about Marbury. Marshall did a slick con job with Marbury by declaring part of the Judicial Act of 1789 unconstitutional which pleased the Jeffersonians. It took some time for the Jeffersonians to realize what had happened. Too late.

While I AGREE that the term "judicial review" and the concept of the SCOTUS having the power to nullify an Act does not appear in the words of the constitution, it seems pretty readily apparent that the power is actually implicit.

For if we were to believe otherwise, we'd be obliged to accept the notion that once Congress passes and the President approves an act that does violate a provision of the Constitution, that we are nevertheless "stuck" with it.

The JUDICIAL co-equal Branch of our tripartite form of government would NOT have the ability to serve as much of a check in that case, now would it?

It exists today not JUST because Marshall SAID so in Marbury v. Madison. It exists because what Marshall said in that case IS actually an implied power. It is implied of logical necessity and founded on the historical basis of our laws.

Is that how we want to read the Constitution what we believe is readily apparent or we believe the power is implicit? Some believed the president should have that power or the Congress and some even the states.

 

[Jarhead]

Carney says Barry misspoke??

Jesus. I thought Barry was the smartest Law Professor/Part time Senator/Community Organizer in the whole of the USA and possibly the world??

Guess not.

No.....he did not say he mis-spoke.
He said (paraphrased) that we are not intelligent enough to understand what he said because he spoke too intelligently for us...

"Carney: What I acknowledged yesterday is that speaking on Monday the president was not clearly understood by some people because he is a law professor, he spoke in shorthand."

Some people must be us dumbo citizens. However Tribe was pretty clear on it.



Getty Images
Attorney Laurence Tribe attends the ACLU of Southern California’s Bill of Rights Dinner last year.Constitutional law scholar Laurence Tribe, a Harvard Law School professor and former mentor to President Barack Obama, said the president “obviously misspoke” earlier this week when he made comments about the Supreme Court possibly overturning the health-care law.

I quoted Koshergirl a few posts back pointing that out.

According to Carney, even a highly regarded Law Professaor was unable to understand Obama becuase HE (Obama) is a law professor and spoke in shorthand.

So I guess accordcing to Carney....he, himself (Carney) was smart enough to understand the President, but the American people, including a Harvard Law Professor, did not have the smarts.

So this administration sees the Press Secretary as smarter than the American People.

I find that very troubling....freaking arrogant bunch of assholes.

 

[SFC Ollie]

I believe that we have stretched much of the constitutions meanings, but that the court has the power is not one of those stretches..............

By the way since we mentioned Chief Justice Marshall; this is from the Supreme Court Historical Society Quarterly Journal:

 

[Jarhead]

FDR is my hero; but that's okay. Some of us are Ron Paul supporters, some are Newt Gingrich fans, others are Romney-holics, and there are still Obama supporters; that's okay.

Why would being an FDR admirer have to be labelled as "OK"? The man was a great man and a great leader. Sure, I didnt agree with much of his policies...but I admire how he stood strong and took the heat.

I dont agree with much of Obama's ideology or policies.....but the reason I have no respect for him as our President is based on his arroghance and lack of leadership skills.

When he cant, he blames.

For example...he blames congress for blocking his desire to create prosperity for America. Well, as I see it, it is his role to get congress to work with him. A great leader will find a way. Clinton found a way....instead Obama says ..."wish I could but the GOP will do anything they can so I fail" (paraphrased for effect)

FDR was a leader.

Obama is a finger pointer.

 

[regent]

I believe that we have stretched much of the constitutions meanings, but that the court has the power is not one of those stretches..............

By the way since we mentioned Chief Justice Marshall; this is from the Supreme Court Historical Society Quarterly Journal:

If the Constitution did not give the Court the power to interpret and declare acts unconstitutional then did the Court stretch the meaning, when it declared it had the power? Where in the Constitution is it written that the Supreme Court shall rule on the the acts of Congress, states, presidents and decide if they are, or are not, Constitutional?

 

[Claudette]

No.....he did not say he mis-spoke.
He said (paraphrased) that we are not intelligent enough to understand what he said because he spoke too intelligently for us...

"Carney: What I acknowledged yesterday is that speaking on Monday the president was not clearly understood by some people because he is a law professor, he spoke in shorthand."

Some people must be us dumbo citizens. However Tribe was pretty clear on it.



Getty Images
Attorney Laurence Tribe attends the ACLU of Southern California’s Bill of Rights Dinner last year.Constitutional law scholar Laurence Tribe, a Harvard Law School professor and former mentor to President Barack Obama, said the president “obviously misspoke” earlier this week when he made comments about the Supreme Court possibly overturning the health-care law.

I quoted Koshergirl a few posts back pointing that out.

According to Carney, even a highly regarded Law Professaor was unable to understand Obama becuase HE (Obama) is a law professor and spoke in shorthand.

So I guess accordcing to Carney....he, himself (Carney) was smart enough to understand the President, but the American people, including a Harvard Law Professor, did not have the smarts.

So this administration sees the Press Secretary as smarter than the American People.

I find that very troubling....freaking arrogant bunch of assholes.

Arrogant?? You betcha.

 

[Jarhead]

I believe that we have stretched much of the constitutions meanings, but that the court has the power is not one of those stretches..............

By the way since we mentioned Chief Justice Marshall; this is from the Supreme Court Historical Society Quarterly Journal:

If the Constitution did not give the Court the power to interpret and declare acts unconstitutional then did the Court stretch the meaning, when it declared it had the power? Where in the Constitution is it written that the Supreme Court shall rule on the the acts of Congress, states, presidents and decide if they are, or are not, Constitutional?

that is not what they are supposed to do...and it is not WHAT they do.

They are no more powerful than either of the two other branches.

Instead, their role is well defined...and it is properly followed.

IF...and the key word is "If"......If a law's consitutionality is questioned OUTSIDE OF THE COURT and is brought to the court by two opposing parties, THEN it is the role of the scotus to first determine if it warrants their intervention...and if it does, then to hear the arguments and decide.

The SCOTUS does not have the right OR the power to question and decide the consitutionality of a law that is not brought to them and deemed a valid debate by outside parties.