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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?


To: KLP who wrote (480550)4/4/2012 2:14:43 AM
From: average joe  Read Replies (1) | Respond to of 793615
 
Justices guard the Constitution
Robert Gardner, Henderson

Tuesday, April 3, 2012 | 2 a.m.

E.J. Dionne’s recent column, “Activist judges on trial,” never mentions the most important part of the oral arguments on the Affordable Care Act, that being our Constitution. Dionne writes “It fell to the court’s liberals — the so-called ‘judicial activists’ — to remind their conservative brethren that the legislative power is supposed to rest in our government’s elected branches.” It would seem the conservatives on the court have to remind their liberal brothers and sisters that the Supreme Court’s job is to protect the Constitution. It is their duty is to overturn unconstitutional law.

Consider this Supreme Court decision in 1803: Marbury v. Madison was the first time the Supreme Court ruled a law passed by Congress to be unconstitutional (the second time came in the Dred Scott decision in 1857). It also for the first time gave the Supreme Court the power to be the final arbiter on the constitutionality of law. In the decision, then-Chief Justice John Marshall wrote, “A law repugnant to the Constitution is void.” I just hope after these 209 years, the conservative brethren on the court still have enough intestinal fortitude to stand up to Congress and the president and say Obamacare is repugnant to our Constitution. We will soon see.

lasvegassun.com