President Obama is running scared. His supreme welfare state law — rammed through by Nancy Pelosi — is going to be struck down, 5 to 4, by the Supreme Court.
He is desperately trying to stop them. He is using the only real skill he has: rhetoric. He has a law degree. The old rule is this: When you have neither the facts nor the law on your side, appeal to emotion.
“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.”
This is such obvious nonsense that it’s hard to believe he said it. The Court has overturned federal laws at least 165 times. See p. 201 of this Congressional Research Service report.
Strong majority? Pelosi rammed it through the House by a vote of 219 to 212. If it came to a vote today, it would fail in the House.
It would not be unfair to charge President Obama with hypocrisy given his strong complaints when the Court did not strike down the federal ban on partial birth abortions, and given his approval of the Supreme Court decision (Boumediene v. Bush) striking down a congressional statute restricting habeas corpus rights of Guantanamo detainees.
Here is a basic rule of politics: never appear silly. Obama is being silly about the Constitution.
Within hours, a federal court demanded that the Department of Justice state clearly by noon tomorrow whether it accepts the right of the Supreme Court to declare a law unconstitutional. The White House flak in charge, Jay Carney, assured the media that Obama did not mean what he said.
It is not just that the Presidebt looks silly. The Obamacare law is silly.
The People gave Congress the enumerated power “To regulate Commerce . . . among the several States.” According to the Obama administration, this delegation of power also includes the power to compel commerce. Opponents contend that the power to regulate commerce does not include the far greater power to compel commerce, and that the individual mandate is therefore an ultra vires act by a deputy (Congress) in violation of the grant of power from the principal (the People). Seventy-two percent of the public, including a majority of Democrats, agrees that the mandate is unconstitutional. Few acts of Congress have ever had such sustained opposition of a supermajority of the American public.
When the law is overturned, Obama will have egg on his face, big time. He will not simply have had his only major piece of legislation overturned. He will look silly in retrospect for having implied that the Court does not possess this authority.