Topic: Decline of the West
It was quite good fun to watch from the sidelines as President Obama—by his own assessment the most gifted and brilliant individual ever to occupy the American presidency—made a number of notably stupid statements regarding the powers of the federal judiciary.
Obama is understandably worried that the Supreme Court might strike down his signature achievement, Obamacare, in full or in part. Last week’s oral arguments certainly provided him with good grounds for apprehension. So what was his response? It came in two parts.
For starters, the president—who is, you’ll recall, a former law professor—asserted that Obamacare is constitutional because it should be constitutional. Careful observers no doubt noticed the circularity of this argument and perhaps the President himself realized that its logic was less than compelling. So he went on to say that it would be “unprecedented” for the “unelected” high court to strike down as unconstitutional a law passed by a “strong majority” of a "democratically elected" legislature.
Unprecedented indeed, except for the two hundred-odd times that the Supreme Court has done so since Marbury v. Madison established the principle of judicial review in 1803.
This was a remarkably stupid thing for the President to say—but of course he thinks that most people are too stupid to notice when he’s lying. Or perhaps I’m judging him too harshly, unelected part-time pundit that I am. It could be that Obama was rattled by the course of the oral arguments and simply lashed out at the judiciary. It wouldn’t be the first time in the Age of Barry that a setback provoked such an adolescent temper tantrum.
The President is now trying to walk back his comments. (We're getting to the point where it would be useful to have a keyboard hot key that would type "Obama later explained" with one touch.) On reflection he must have realized that he’d said something that not only made him look dumb but risked antagonizing the justices. It would be just like our narcissistic philosopher-president to assume that other people will behave with same pettiness he displays on a daily basis.