Obama Understands Judicial Review, But Counts on the Ignorance of His Audience

Barack Obama a couple of days ago gets a question at a joint preference with Stephen Harper and Felipe Calderon about the Supreme Court decision coming up on Obamacare. And what he says makes it sound like he doesn’t understand the concept of judicial review, which was established in a long ago Supreme Court case called Marbury v. Madison in which the Court appointed to itself the job, the right of determining what and what isn’t constitutional in terms of what comes out of Congress. And it’s been that way for hundreds of years. Obama implicitly — he implied that he — doesn’t know that.

And there have been a number of commentators reacting to Obama as though they really think he doesn’t know what judicial review is. I’m shocked that anybody thinks that Obama doesn’t know what judicial review is. Yeah, he went Harvard. Yeah, he’s been educated and ill-informed by a whole bunch of leftists, but he knows what judicial review is. He knows the Supreme Court determines what’s constitutional and not. Yet commentator after commentator after commentator explores that possibility, when that’s not at all what’s going on here. Some of them are quite good, by the way. Here’s one, Thom Lambert, who is a professor of law at the University of Missouri-Columbia, the main campus.

“Imagine if you picked up your morning paper to read…” No, no. I’m gonna tell you what’s going on here. I know exactly what Obama’s doing. He is setting Republicans up for a giant kill, politically. When I finish explaining (this is not gonna take very long), you’re gonna have a total comprehension of what’s going on here. And you’re all probably gonna end up concluding that there was a leak on that preliminary vote and that it did go against him. But we’ll get there here in due course and in a semblance of order. Thom Lambert, University of Missouri-Columbia, is writing at a blog called “Truth on the Market — Academic Commentary on Law, Business, Economics, and More.”

“Imagine if you picked up your morning paper to read that one of your astronomy professors had publicly questioned whether the earth, in fact, revolves around the sun. Or suppose that one of your economics professors was quoted as saying that consumers would purchase more gasoline if the price would simply rise. Or maybe your high school math teacher was publicly insisting that 2 + 2 = 5. You’d be a little embarrassed, right? You’d worry that your colleagues and friends might begin to question your astronomical, economic, or mathematical literacy. Now you know how I felt this morning when I read in the Wall Street Journal that my own constitutional law professor…”

This guy was taught constitutional law by Obama.



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