THe Patriot Post, Alexanders Essays

[Kelly J]

http://patriotpost.us/alexander/2012...cial-activism/

Judicial Review v Judicial Activism
By Mark Alexander · Thursday, April 12, 2012

SCOTUS and Constitutional Authority
"No legislative act ... contrary to the Constitution, can be valid." --Alexander Hamilton in Federalist No. 78 (1787)
Last week, seeing that his signature legislative achievement was in jeopardy, Barack Hussein Obama fired a shot across the bow of the Supreme Court as it considered the constitutionality of his so-called "Patient Protection and Affordable Care Act" (a.k.a., ObamaCare). Obama warned the court against "judicial activism."

"I am confident," proclaimed Obama, "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. I just remind conservative commentators that for years what we have heard the biggest problem on the bench was judicial activism or a lack of judicial restraint. That an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example and I am pretty confident that this Court will recognize that and not take that step. ... [T]hat's not just my opinion, that's the opinion of a whole lot of constitutional law professors and academics and judges and lawyers who have examined this law."

Actually, as Obama knows well, the Supreme Court's consideration of ObamaCare is not an example of judicial activism as Obama erroneously claims, unless the Court actually upheld the institution of socialized medicine as constitutionally compliant.

Read the Entire Story Here:

http://patriotpost.us/alexander/2012...cial-activism/