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Again! WH warns of 'unprecedented' SCOTUS ruling
Washington Examiner ^ | 4/4/2012 | Joel Gehrke Commentary Staff Writer

Posted on 04/04/2012 1:06:43 PM PDT by tellw

President Obama's spokesman reiterated that a Supreme Court ruling against Obamacare would be "unprecedented," but even when explaining why that claim should stand, he fumbled Supreme Court history.

"It would be unprecedented in the modern era of the Supreme Court, since the New Deal era, for the Supreme Court to overturn legislation passed by Congress designed to regulate and deal with a matter of national economic importance like our health care system," White House Press Secretary Jay Carney said today. "It has under the Commerce Clause deferred to Congress's authority in matters of national economic importance." Carney also said that Obama does not regret making the comment.

But Carney's history is incorrect. "Jay, that's not true," CBS's Norah O'Donnell countered. "There are two instances in the past 80 years where the president -- where the Supreme Court has overturned [laws passed on the basis of the Commerce Clause]: US vs Lopez and US vs Morrison."

The Lopez case, decided in 1995, involved Congress's authority to regulate schools under the Commerce Clause. The Supreme Court ruled against Congress.

Lopez influenced the even more recent Morrison ruling in 2000, when the Supreme Court overturned sections of the Violence Against Women Act , on the basis that Congress had overstepped its authority under the Commerce Clause.

Carney was not convinced by O'Donnell's history. "What [Obama] made clear yesterday -- and he was a law professor, and he understands constitutional law and constitutional precedent and the role of the Supreme Court -- was a reference to the Supreme Court's history and it's rulings on matters under the Commerce Clause," he said.


TOPICS: Constitution/Conservatism; Front Page News; News/Current Events; Politics/Elections
KEYWORDS: obama; obamugabe; scotus
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To: allmost

The j@rk0ff grew up in Indonesia.

Our system is just noise, just crap on his shoe.


81 posted on 04/04/2012 4:31:51 PM PDT by PA-RIVER
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To: Red Badger
Despite your a polarizing implication, the Precedent may be AC-DC, butt he currently isn't being directly rectified.

That comes after November.

82 posted on 04/04/2012 4:53:01 PM PDT by Carry_Okie (GunWalker: Arming "a civilian national security force that's just as powerful, just as well funded")
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To: Fitzy_888

So what does the judge do if there is no letter - hold the entire Dept of Justice in contempt?
Lock em up and throw away the key?

Works for me!!


83 posted on 04/04/2012 4:54:10 PM PDT by djf (Obama - the "OJ verdict" of presidents!!)
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To: PA-RIVER

I cannot argue with your statement.


84 posted on 04/04/2012 5:16:57 PM PDT by allmost
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To: guardian_of_liberty
Obama was not a professor. He was a lecturer. The difference is like between a master craftsman and a rookie apprentice. Carney lied again, right there.
85 posted on 04/04/2012 5:28:13 PM PDT by hinckley buzzard
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To: Red Badger

Rectify? Damn near killed ‘em!

/s


86 posted on 04/04/2012 6:02:32 PM PDT by Disambiguator
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To: bunster

interesting coincidence


87 posted on 04/04/2012 6:17:30 PM PDT by omega4179
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To: Mouton

” Now, in the old time usage of the word Professor, he would probably qualify. That usage was a professor was the guy who played the piano in a whore house.”

LMAO!!


88 posted on 04/04/2012 6:21:21 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: ding_dong_daddy_from_dumas; sickoflibs; DoughtyOne; Gilbo_3

“instructor” = “student teacher”

My dad was a full professor....I know the hierarchy.


89 posted on 04/04/2012 6:30:30 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: guardian_of_liberty

He actually wasn’t a professor, but a lecturer.


90 posted on 04/04/2012 6:35:47 PM PDT by Belle22
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To: tellw
and he was a law professor

That is a lie. He was NEVER a Law Professor. He taught a class. I suspect that everyone he taught flunked the bar.

91 posted on 04/04/2012 7:50:26 PM PDT by P-Marlowe
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To: tellw

the hairsplitting begins. the devil is conversant in the details.


92 posted on 04/04/2012 8:03:28 PM PDT by the invisib1e hand
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To: tellw

Piss poor politics to likely alienate Kennedy (if he was leaning or undecided)


93 posted on 04/04/2012 8:23:22 PM PDT by A_Former_Democrat (Tawana Brawley, Anita Hill, King Rodney, OJ, Duke Lacrosse, Thugvon Martin. See a pattern?)
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To: 70th Division
I was interested because of your post on this. their is a liberal talk show host that points to an 1809 case(I don't have the right year) where the supreme court took power from congress by taking the power from the constitution that they could not only rules on the basis of whether a law was accurately applied but whether it was even constitutional or not.

I'm wondering if you feel or any other posters feel that the Supreme Court usurped this power.

94 posted on 04/04/2012 8:47:46 PM PDT by Almondjoy
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To: guardian_of_liberty

More accurately: a guest lecturer on the 14 th amendment. No more than that.


95 posted on 04/04/2012 9:35:36 PM PDT by chiller (Elect another batch of TPartiers and it won't matter which R we elect. WE will lead.)
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To: stephenjohnbanker
“instructor” = “student teacher” My dad was a full professor....I know the hierarchy.

Yes, you were the one who taught me that O. was not actually a "professor."

I am beginning to suspect that leftists have different standards.... Camille Paglia described how the leftist faculty members all give "excellent" ratings to each other's "works."

96 posted on 04/04/2012 10:47:16 PM PDT by ding_dong_daddy_from_dumas (Fool me once, shame on you -- twice, shame on me -- 100 times, it's U. S. immigration policy.)
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To: hal ogen
There is enough corruption and treason to fill many courts for many days. Leavenworth needs to get ready. Those who survive this unraveling will spend much time there.

Why should they spend much time there at all? On the other hand, the Federal Execution Chamber at Terre Haute, IN might be more than a little busy, at the end of all this...

the infowarrior

97 posted on 04/04/2012 10:51:06 PM PDT by infowarrior
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To: Maceman

FWIW:
How many laws has the US Supreme Court declared unconstitutional?


Good to have on hand when they start screaming.


98 posted on 04/04/2012 10:54:04 PM PDT by unkus (Silence Is Consent)
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To: Almondjoy
their is a liberal talk show host that points to an 1809 case(I don't have the right year) where the supreme court took power from congress by taking the power from the constitution that they could not only rules on the basis of whether a law was accurately applied but whether it was even constitutional or not.

Marbury v Madison, 1803...

the infowarrior

99 posted on 04/04/2012 10:54:30 PM PDT by infowarrior
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To: RavenLooneyToon

I agree. Good points and perspective.

This evil bastard will get away with as much as he’s allowed.....and so far he’s gotten away with a devestating amount.


100 posted on 04/04/2012 11:00:32 PM PDT by unkus (Silence Is Consent)
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