Unforced Error


I learned what unforced errors are when I started to watch highly competitive tennis games especially when one or the other player makes mistakes which loses points for the one making the error.

President Obama made that last Monday when he said which is now famously known, to whomever is interested in following the present debate about the arguments on Obamacare in the Supreme Court. This is not the first time when he has openly criticized Supreme Court justices– remember his State of the Union address in 2010 when he attacked them for the decision on Citizens United.

Especially stinging in this current event, was when he said that it would be unprecedented if the Supreme Court were to overturn his Obamacare law:

… ” Ultimately, I’m confident that 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’d just remind conservative commentators that for years what we’ve heard is, 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,” Obama said during a Rose Garden news conference. “Well, this is a good example. And I’m pretty confident that this court will recognize that and not take that step.”

He clearly must have forgotten Marbury v. Madison (1803) decision which even first year law students know. If he hasn’t forgotten that it is not unprecedented for the Supreme Court to overturn laws because they are determined to be unconstitutional; then I think it is a clear case of ‘bullying’ or a brazen attempt to influence their decision or even worse he is trying to shore up his case by preempting the publicity following the decision, because he already knows in his heart that it will be overturned, come July.

What he said created a firestorm of criticism or support from sympathizers on each side of the equation, including his Harvard Law Professor Laurence Tribe, who said that the president “obviously misspoke.” There were more people aghast at his blatantly provocative statement.

Misspoke, did he really? I doubt that he misspoke and probably meant every word that he uttered that day, though he did try to walk it back subsequently. Obama really means what he says, some of them so outlandish that the casual audience couldn’t believe that he is as serious as they come. He is basically and fundamentally transforming America, including the constitutional structure.

His disdain for the checks and balances is  not only with this court but also with congress by the appointment of czars–the most numerous than any previous administration–  whom don’t have to be confirmed by the Senate, but that discussion is for another time. But folks, do you see a pattern emerging of the fundamental change that he promised has everything to do with undermining the constitution of the USA?

As a constitutional scholar which he claims to be, he should know more so than anyone else that this nation’s founders wanted desperately to grant freedom to its citizens then and later and to protect them from the tyranny which they were liberating themselves from. Incidentally, though the White House claims that he was a professor but there is no record that he ever was one at the University of Chicago, though he did teach some courses there.

They devised a government composed of three coequal bodies the executive, legislative and the judiciary. They were written into the constitutional republic‘s foundations because they wanted checks and balances so that tyranny of one body over the other does not and will not occur. Folks, I want you to remember that the tripod (three-legged) stool has been stable enough to have lasted since it was ratified in 1788.

I want you to know that I have lived under a system where these checks and balances were absent and we paid dearly in lost freedom and lives and even in spite of the recent relaxation of the dictator’s iron grip and faux democracy, it is only a beginning and a small dose of freedom at that. In a dictatorship and a socialist one at that, that dictator dictates the law and he is above the law that he decrees and he decides to whom the law applies even amongst his cronies. The decision is variable, temperamental, random and inconsistent until the next dictator–who overthrows the former–subjects him to his own medicine.

This behavior on the part of a President of the United States who thinks that his branch of the government cannot be checked by another is launching the descent of this country into  the dark abyss of dictatorships like in Venezuela, Cuba, North Korea, China, Burma and a whole bunch countries where freedoms don’t exist.



3 responses »

  1. Pingback: What’s Obama Thinking? Wickard, not Marbury – John Malcolm

  2. Pingback: Obama to the Court: I’m Following FDR’s Playbook – John Malcolm

  3. Pingback: Why “unprecedented” stuck « CITIZEN.BLOGGER.1984+ GUNNY.G BLOG.EMAIL

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