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  • Obama Jumps the Shark, Takes One Leap Too Far

    This week, President Barack Obama lashed out at the Supreme Court, slamming it as an “unelected group of people” who will have turned to “judicial activism or a lack of judicial restraint” if they strike down Obamacare. In other words, he was implying that the Court does not have the authority to overturn a law that was passed by Congress if they find it unconstitutional.

    Heritage’s Cully Stimson explains that it was “clearly improper (and unprecedented) for the President of the United States, while a case is pending before the high court” for Obama to make those remarks, and on top of all that, the President entirely mischaracterized what judicial activism really is:

    Judicial activism is not when courts exercise their constitutional responsibility to overturn statutes that clearly violate the constitution. Rather, judicial activism is when courts ignore the constitution and instead rule on cases based on their policy preferences.

    The President’s over-the-top rhetoric prompted Commentary Magazine contributor  to conclude that Obama has finally “jumped the shark.” [For the uninitiated, that's a reference to when "The Fonz" water skis over the fin of  great white in an episode of "Happy Days," widely regarded as the beginning of the end of the series.]

    Obama, a former community organizer who is perhaps unaware of the finer points of the law, might want to acquaint himself with an obscure 19th century case, Marbury v. Madison, which established the doctrine of judicial review and grants federal courts the power to void acts of Congress that are in conflict with the Constitution. What Obama describes as “unprecedented” has, in fact, been done countless times since 1803.

    Then there’s Obama’s confusion about judicial activism. It is not, as he insists, simply the act of overturning an existing law; it is when judges allow their personal views about public policy, and not the Constitution, to guide their decisions and often invent new rights out of thin air. For Justices to invalidate a law they deem to be unconstitutional is precisely what the Supreme Court is supposed to do. (“No legislative act … contrary to the Constitution, can be valid,” is how Alexander Hamilton put it in Federalist #78.) If one takes Obama’s words literally, he believes an unjust and unconstitutional law, if passed by a strong majority of a democratically elected Congress, cannot be overturned.

    What the president said, then, was so ill-informed, so ignorant, that people assumed he must know better. There’s no way we can know. But whatever the case, this has been quite a bad stretch for the president…

    I don’t know what the political effect of all this will be. But intellectually, this is the week where Barack Obama jumped the shark.

    Call it irresponsible, call it “jumping the shark,” but whatever it is, it was one leap too far.

    Posted in Featured, Ongoing Priorities [slideshow_deploy]

    31 Responses to Obama Jumps the Shark, Takes One Leap Too Far

    1. Jan Bennett says:

      This is unarguably the exact truth. This isn't just a gaffe. This is major ignorance or connivance or worse. We the people are not that stupid.

    2. Paul says:

      My favorite part of this is "Obama, former community organizer who is perhaps unaware of the finer points of the law."

      You sure it shouldn't say, "Obama, former constitutional law professor who undoubtedly more familiar with the concept of judicial activism than me."

      • O2BMe says:

        Actually this may show just how poor our college professors are at their jobs. Our colleges may be no better than our public elementary and high schools.

    3. @Spectricide says:

      You are wrong. On content, context and the spin that POTUS's have not reminded or commented that SCOTUS's should not be "activists". I mean, not even close to the truth.

    4. JPR says:

      Where in the world was it first started, and lie universally perpetrated, that Obama is so smart? He has done very little to show a high level of intellect. His ability to get elected is rooted only in Saul Alinsky's rules.

    5. BeevaloBill says:

      Spot on.

      What is so ironic is that while President Obama complained of conservative judicial activism, he and his acolytes have vigorously argued that the ACA should be upheld constitutionally because they believe it is good policy,

      Their arguments for constitutionality are, for example, that if the ACA is over turned, adult children will not be able to stay on their parents health insurance until age 27 (oh, the horror).

      That would not be judicial activism, but establishing a limit to what the Commerce Clause effects is.

      It is a real head scratcher.

    6. MZAZ says:

      He needs anger management. He gets mad way to easy. He acts like a little 5 year old when he doesn't get his way. Throws a temper tantrum. He forgets he WORKS FOR THE AMERICAN PEOPLE. We don't work for him. He needs to do what is right for Americans and America. BO DONE IN ONE.

    7. I don't want that to have any impact on their decision. That has to be on its own merits, or lack of. I don't see any of them but his own appointees looking past him, though.

    8. tim says:

      odummy got tipped off by the soda judge about the ruling of unconstitutional obumma care……now he is running out of ways to save his butt…..he doesn't have any thing accomplished in three years and his piece of crap obumma care which took big corruption to pass is going over a cliff !!

    9. Ken Southwell says:

      BHO jumped the shark on 1/20/09

    10. MarineMA says:

      I often wonder if this president is saying these things because he is clueless, or because he thinks the American people are. I used to think he was running off at the mouth because he really believes what he says, but now I think he says what he does because he knows the media will print it as gospel & people will believe the propaganda. I believe we are smarter & better informed than this because if not, it means we are just a bunch of lemming & the cliff looms nearby!

      • okiejim says:

        Unfortunately MarineMA there are far too many citizens (and I use the term loosely) capable of voting but who have no knowledge of our history, who are buying his rhetoric hook, line and sinker. We must require voter registration and picture ID's if we are to ever overcome the left attempts to subvert our country. I stopped listening and reading the mainstream media years ago, but for some NBC , CBS, ABC, CNN, and MSNBC are the holy grails of news.

    11. Tammy Miller says:

      all I have to say is we need to elect a new president Obama needs to go. I am tired of him He is the cause of what is going on now.

    12. It is not the president, but the conservative spin on his every comment that has finally gone too far. Are we really to believe that the former editor-in-chief of the Harvard Law Review does not fully understand the concept of "judicial activism"? The sheer volume of overt rhetoric with the intention of unseating a democratically elected president is unprecedented to say the least. The unfortunate irony of it all becomes the fact that this vitriol comes from the same conservatives who said mean-spirited rhetoric expressed toward the president in the public domain was nothing short of unpatriotic. Of course, that is how they felt when George W. Bush was in office. Those bent on President Obama not being re-elected must realize that, at some point, the weak-willed among us when eventually cave in to the pressure and negativity. They will not vote for Obama simply to disassociate themselves from the president and his policies rather than actively engage themselves in the democratic process. We, the American people, have to ask ourselves if that is truly the democracy we want.

      • Ron says:

        This president really does not understand what judicial activism is. He also does not grasp what the function of the supreme court is.

      • Bobbie says:

        oldskooljournal must be from a socialist, communist, dictatorship country! Can't conceive the fact that more government control is less freedom. can't even share "mean spirited rhetoric expressed toward the president in the public domain" it's claiming! Unpatriotic is defending government over freedom. Unpatriotic is looking to government for your American Dream!

    13. John Phelps says:

      We the people are finally beginning to connect the dots! REMEMBER NOVEMBER!

    14. k. kelly says:

      doesn't he realize that if it wasn't for the Supreme Court he wouldn't have gone to Harvard, wouldn't have been a Senator and wouldn't be President?

    15. Steve says:

      Obama needs out…He is not a Christian. Don't be made a fool by re-electing…When Congress comes up with a policy they don't have to follow, don't that send you a message? Geesh people, wake up…His plan for change has broke the USA…This is the year to rebuild our country…Take back what we have lost…Vote out every incumbant and clean the slate. Vote in people that are Pro American and understand what initially made this Country great.
      Steve

    16. From The Foundry…Obama, a former community organizer who is perhaps unaware of the finer points of the law, might want to acquaint himself with an obscure 19th century case, Marbury v. Madison, which established the doctrine of judicial review and grants federal courts the power to void acts of Congress that are in conflict with the Constitution. What Obama describes as “unprecedented” has, in fact, been done countless times since 1803.

    17. anna onat says:

      This isn't the first time and it won't be the last that President Obama will try to shove things down the Americans throat. No matter what anyone says wheter it is Congress, the Supreme Courts or the American people or Obama will keep going until he gets his way about anything he demands. This type of action is not right. I am surprised he is still in office. This man is changing many things the USA and is is also causing many problems among groups of people in the USA and in other countries. If we Americans do not see this we are totally blind. I don't understand why this man is still in office. He is not qualified to run the USA. Never was.

    18. Jdgrego1 says:

      Bout time…

    19. ABO ABO ABO says:

      Hoisted by his own petard.

    20. SpySmasher says:

      "intellectually, this is the week where Barack Obama jumped the shark."

      You have obviously been asleep for the last three years.

    21. Jean says:

      What else is new. He has gotten away with lots of things in his administration.

    22. Lloyd Scallan says:

      This is Obama! In his twisted, socialist ideology he is not acting "improper" or doing anything that is "unprecedented". His has calculated that he no longer needs to hide behind the mask of a moderated or centrist. He knows full well he has about one third of the citizens of this nation completely fooled or bought and paid for. He knows full well the national media (including some at FNC) will and has protected him from day one. He also knows full well this November's elections rigged in his favor. He fears nothing so he now allows himself and his ideology to be fully exposed.

    23. allen says:

      His Own Party knows that this is one Dumb Human Being. Do you want some one that is mindless to be President, The answer is yes, If you think he is going to give you some money, mortgage etc. What ever way it is. He the President is still and always will be a Dimwit, Halfwit, Lackwit, Even some one who voted for him, They took a gamble and came up on the Race Side of this Person. The President has put this Country in debt and turned out to be a "Liar and worked in the" GREY AREA of Thievery". A Liar cannot succeed as President, Not when every thing is on Tape.

    24. Slick says:

      It is indeed a sad state of affairs when this country elects a President . . . . WITH a law degree . . . . and he doesn't seem to know what judicial activism is!!! Perhaps that explains why he is no longer a licensed attorney!!! It certainly would be interesting to know how he lost his license, but it – along with many other personal items – will remain a mystery until the end of time.

      Here is the bottom line: if this Supreme Court upholds the Obamacare legislation, then truly the Constitution and the purpose of the Supreme Court will be marred beyond recognition. It will benefit no on in these United States if the Supreme Court does not do their job as designed by the Founders!

    25. Sandy Caruso says:

      Did anyone ask Obama what flavor of kool-aide he was drinking? It is obvious he has no regard for the Constitution. It is merely in the way of his all-out assault on America. It is time for both Obama and Ruth Ginsberg to go. Neither respects or abides by the Constitution which THEY have taken an oath to protect. So much for their swearing an oath. It is just another empty promise.

    26. Brad S. says:

      SpySmasher – Too true. Somehow, the liberals still think this guy walks on water and I am waiting for some glimpse into this brilliance. Still looking.

      Hmmm . . . I guess you would act like a 13-year old girl throwing a temper tantrum if your record in office was this :

      2009 – Stimulus (aka – Democratic Booster Pay Back scheme) – Epic fail
      2010 – Obamacare – Unconstitutional
      2011 – Laser focus on job creation – real unemployment still above 10%
      2012 – Gas prices at $4+

      Don't worry. It was all Bush's fault . . . .

    27. Garry Owen says:

      Why does he continue to appoint judges to the Federal Bench who believe their job is to create law. This is real judicial activism!

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