Today President Obama issued a warning to the Supreme Court: “it would be wrong for the “unelected” supreme court to take the “unprecedented and extraordinary” decision to strike down his signature health care legislation when it was passed by an elected Congress.”
Our Founding Fathers were smart enough to know we need a system of checks and balances. The separate branches of government are in place to keep each other in check.
“It is one thing to be subordinate to the laws, and another [for the Executive] to be dependent on the legislative body. The first comports with, the last violates, the fundamental principles of good government; and, whatever may be the forms of the Constitution, unites all power in the same hands.
Alexander Hamilton 1788 – Federalist No. 71
“[T]he great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachment of the others.”
James Madison 1787 – Federalist No. 10
“No political truth is certainly of greater intrinsic value, or is stamped with the authority of more enlightened patrons of liberty than that on which the objection is founded. The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”
James Madison 1788 – Federalist No. 48
Barack Obama has said it would be wrong for the “unelected” supreme court to take the “unprecedented and extraordinary” decision to strike down his signature health care legislation when it was passed by an elected Congress.
The comments suggest the president may make an election issue of those described by Democrats as partisan judges if they throw out the Affordable Care Act following last week’s dramatic hearings at which the aggressive tide of questioning from some of the justices suggested that the conservative majority is hostile to the legislation. Their decision is expected in June.
“I am 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,” Obama said.
The president chided Republicans for making “judicial activism” an election issue, by objecting to rulings ranging from the supreme court’s finding of a right to abortion to the recent striking down by federal judges of a referendum barring gay marriage in California, while pressing the judiciary to overturn the will of Congress.