The law of nature is that which God at the time of creation of the nature of man infused into his heart, for his preservation and direction, … the moral law, called also the law of nature. — Sir Edward Coke, 16th/17th Century jurist whose writings on English law were required reading

Obama Clan Poised for War Against Constitution, SCOTUS

March 30, 2012   ·   By   ·   0 Comments

Even if the individual mandate included within Obamacare is overturned, the administration and its leftist allies stand poised to undermine the legitimacy of the U.S. Supreme Court and the Constitution itself. This effort began in earnest with a front page hit piece on the New York Times that ran July 24 of last year. Reporter Adam Liptek claimed that under Chief Justice John Roberts the court is more conservative now than it has been in decades.

The article is built around a database created by the National Science Foundation (NSF) that gauges the ideological complexion of court rulings and the leanings of individual members. “In the database, votes favoring criminal defendants, unions, people claiming discrimination or violation of their civil rights are, for instance, said to be liberal,” the report explains. “Decisions striking down economic regulations and favoring prosecutors, employers and the government are said to be conservative.”

But the perspective here is a bit skewed. For starters, it is misleading to conflate decisions that overrule precedent with some form of activism. Contrary to what is often taught in law schools, the actual U.S. Constitution and what is known as U.S. constitutional law are often two very different items. Recent court rulings that overturn earlier decisions divorced from the text’s original meaning are more about restoration and less about activism. Moreover, Liptak places far too much weight and faith in Justice Anthony Kennedy as a reliable constitutional vote.

Another key episode here concerns President Obama’s attack on the U.S. Supreme Court included as part of his 2010 State of the Union Address. Here Obama disparaged the majority’s pro-First Amendment ruling in the Citizens United decision. Not since Franklin Delano Roosevelt sought to pack the court has there ever been such an overt assault on the judiciary.

Former Attorney General Edwin Meese, as always, has a keen understanding of what President Obama, and leftist pressure groups, are up to.

“What he [Obama] is really doing is leading an effort to undermine the Constitution as the primary document which forms the basic principles of our government and the structure that should be followed by the executive branches as well as the other two branches,” Meese explained during a talk at the Conservative Political Action Conference (CPAC). The former AG also said that a recent New York Times article also written by Liptak, which demeans the Constitution, was also deliberately timed with certain actions undertaken by the Obama Administration.

“The Constitution has seen better days,” the article begins.

From here, Liptak goes on to describe how the Constitution is no longer a compelling model for other countries. He even quotes sitting U.S. Supreme Court Association Justice Ruth Bader Ginsburg to drive the point home.

“I would not look to the United States Constitution if I were drafting a constitution in the year 2012,” she said. As an alternative, Ginsburg recommends looking to South Africa’s constitution, the Canadian Charter of Rights and Freedoms, or the European Convention on Human Rights.

Justice Ginsburg’s attack on the validity of the U.S. Constitution came under fire in an article by Americans for Limited Government’s Mark Wohlschlegel who pointed out that, “Madam Justice Ginsburg either is ignorant or chooses to willfully overlook the very fundamental purpose the U.S. Constitution was created for — it is not a document designed to empower the government to protect its people, but rather one that was designed to protects its people from their government. That bears repeating — the Constitution was designed to protect the American people from their government.”

Wohlschlegel underscores the real danger in the politically motivated attacks on the Roberts Court. At their core, they are designed to undermine the very document that protects individual freedom and limits federal government power by delegitimizing the Court which is specifically created to protect those liberties.

Keep this in mind, when you hear and read warnings from the left and their sycophants in the media about a dangerous turn of the Court. The shots across the bow have been fired in the New York Times, expect the drumbeat to intensify as the Supreme Court nears a decision on the fate of Obamacare.


Note: Reader comments are reviewed before publishing, and only salient comments that add to the topic will be published. Profanity is absolutely not allowed and will be summarily deleted. Spam, copied statements and other material not comprised of the reader’s own opinion will also be deleted.



Similar Posts:

Kevin Mooney is a contributing editor to Americans for Limited Government. Americans for Limited Government is dedicated to putting the principles of limited government into action. They work with local groups across the nation to promote freedom, limited government, and the principles of the U.S. Constitution. Their goal is to harness the power of American citizens and grassroots groups in order to put the people back in charge in states across the country.
Kevin Mooney
View all articles by Kevin Mooney
Print Friendly
Clip to Evernote

Readers Comments (0)


Sorry, comments are closed on this post.

Featured Articles

Douglas Shulman

IRS Commissioner Upset by Political Questions

Rick Manning

In an ironic twist, during former IRS Commissioner Douglas Shulman's appearance before the House Government Oversight and Reform Committee, he recoiled when asked about his political activities in the past. Imagine the rudeness of a member of Congress asking a witness who is embroiled in a scandal involving the targeting of the Administration’s political enemies, about his own political allegiances.

Rubio_amnesty

Rubio Disagreed With Himself on Amnesty

Bob Ellis

In 2010 Rubio said we can't give amnesty to the people who violated our borders and broke our laws because it wouldn't be fair to those immigrants who have gone by the rules and done things lawfully. Rubio even went to the point of stating, "Earned path to citizenship is basically code for 'amnesty." Why does Rubio now disagree with himself?

Muslim_hacker

More Islamic Violence in Britain as Soldier is Hacked to Death

Bob Ellis

In Great Britain, two Muslims hacked a British soldier to death just 200 yards from an army barracks. According to the Daily Mail, a video has emerged showing a man with bloody hands, carrying knives and ranting 'We swear by almighty Allah we will never stop fighting you', after a serving soldier was hacked to death by two men just 200 yards from an Army barracks.

Ted Cruz speaking at Values Voter Summit in Washington D.C. on October 7, 2011. (Photo credit: Gage Skidmore)

Republican Senator Doesn’t Trust Republicans

Bob Ellis

Looks like I'm not alone in my distrust of "Republicans" to do the right thing. An elected Republican in the U.S. Senate says he doesn't trust "Republicans" any more than he trusts Democrats to do the right thing.

Mayoral_Debate

KNBN Rapid City Mayoral Debate

Bob Ellis

Newscenter1 held a Mayoral Debate between Incumbent Mayor Sam Kooiker and Challenger State Senator Mark Kirkeby on Tuesday, May 21st. The live, half hour debate was moderated by NewsCenter1's Shad Olson. The candidates had 60 seconds to answer questions, some from NewsCenter1's Social Media sites. Rapid City Mayoral Elections will be held June 4th 2013.

Archives

Other News

Other Commentary

Featured Blogs

"We don't intend to turn the Republican Party over to the traitors in the battle just ended. We will have no more of those candidates who are pledged to the same goals as our opposition and who seek our support. Turning the party over to the so-called moderates wouldn't make any sense at all." - Ronald Reagan, Nov. 10, 1964