Yesterday President Barack Obama said it would be an act of “judicial activism” for the Supreme Court to overturn the Affordable Care Act after it was passed by Congress.
These comments did not sit well with two of the candidates for the Republican nomination for the U.S. Senate seat held by Democrat Kirsten Gillibrand.
“President Obama has declared war on the U.S. Supreme Court,” said Queens/Brooklyn Congressman Bob Turner. “The problem lies not in the Supreme Court, but in Mr. Obama’s blind overreach into areas of our lives he has no Constitutional power to enter. This President ran for office as an ostensible ‘uniter’, but time and again he has shown a zeal to divide us for his own political benefit. The painstaking work of the Founding Fathers is being violated by Mr. Obama’s Administration. This presidency cannot end soon enough.”
He was echoed by Wendy Long, the Manhattan lawyer who earlier today received the endorsement of the conservative Susan B. Anthony Candidate, a pro-life PAC.
“If a first-year law student said on a test what President Obama said yesterday in the Rose Garden, she would flunk Constitutional Law,” she said. ” Here is how it works: the U.S. Supreme Court reviews laws passed by Congress (all of which, by definition are passed by a majority, although Obamacare was passed by a very slim, partisan Democrat majority). The Court is duty-bound to strike down laws that exceed the powers that the Constitution gives to the federal government. Obamacare is such a law.”
It is worth noting however that Obamacare did barely pass the House by 5 votes, it sailed through the Senate with a 60-vote super-majority.
It is interesting too to hear Mr. Obama complain of judicial activism, since the notion of “unelected judges” shaping the law is typically a rallying cry for conservatives.
In her statement, Ms. Long tries to hang the label on Democrats, and in particular her opponent.
‘Judicial activism’ is when the Court simply makes up some law that is not actually in the Constitution at all, or when it ignores clear language in the Constitution giving certain rights and protections to the people or the states,” she said. “New Yorkers would expect Senator Gillibrand to understand the basic principles of our Constitutiion and that what the President has said is wrong. But New Yorkers hear nothing but dead silence from her on this.”