An Open Letter to President Barack H. Obama, Constitutional Scholar [Excellent]

America's Right ^ | April 2, 2012 | Jeff Schreiber

[upchuck]

nobama, youse been nailed!

[skeeter]

I heard his presser - despite being an obstinate punk, apparently Obama isn't very smart.

Maybe his constituency will buy the crap he was selling, but anyone with a high school education won't.

[allmendream]

Unsure that ‘0bamacare’ runs afoul of the Commerce clause so much as it assumes powers NOT granted via the commerce clause.

And another point regarding 0bama’s statement - a law is not judged on a sliding scale by how strong the majority that passed it was. Not that ‘0bamacare’ was either bipartisan or passed by a large majority in the first place; but even assuming it was - an Unconstitutional law is not given special deference because it was passed by a larger majority of Congress.

[SERKIT]

"Congress refused to act, so I did!" BHO-paraphrased.
"Congress will 'deem' what is Constitutional and the Supreme Court can bite me!" SanFranNan-paraphrased.
"I will issue Executive Orders to by-pass Congress for oppressive enviro-standards, and kill BIG COAL!" BHO-paraphrased.<
"The Supreme Court has no Army and cannot tax,so they are irrelevant!" J F'n Kerry-paraphrased.

I smell a dictatorship brewing and impending cancellation of the Constitution.

[allmendream]

Regarding the commerce clause.

Currently the power granted Congress to regulate commerce between the states is viewed as the power to regulate commerce between the states, commerce within a state that may have an effect upon interstate commerce, or any activity that may have an effect upon interstate commerce.

The SCOTUS is now going to judge if this power to regulate commerce between the states is also the power to regulate NON-activity that may have an effect upon interstate commerce.

In other words, is there ANY limit WHATSOEVER on the power of Congress to regulate any activity or non-activity that has any effect whatsoever upon commerce between the states?

If our founders wanted Congress to have the power to regulate all commercial activity that could effect interstate commerce - including intrastate commerce - or non commerce - activity or inactivity; then why did they specify that the power ONLY covered commerce BETWEEN the states - not all commerce or activity that could effect commerce?

[basil]

Looks like he's been nailed with a railroad spike!

However, being obammy, he doesn't care. He's counting on our dumbed down electorate, the ones that are second, third, fourth generation welfare recipients to elect him again.

I'm afraid it just might happen that way.

[BitWielder1]

He derides the Supreme Court as "Unelected" while conveniently forgetting that his Czars, EPA hacks etc. are also unelected.
Each SC member was at least scrutinized by congress while his minions were not.
Stones and Glass Houses, Mr. President.

[3rdcoastislander]

Wow this Schreiber guy has a great arguement. I wish someone in the GOP had the intellect and speech to put Obama down like that. It would be awesome to see his face if someone read him that letter.

[tacticalogic]

In other words, is there ANY limit WHATSOEVER on the power of Congress to regulate any activity or non-activity that has any effect whatsoever upon commerce between the states?

They don't even have to prove it would have an effect. They just have to posit that it could potentially have an effect.

This is all based on Wickard v. Filburn, and they had no evidence at all that Roscoe Filburn had done anything to affect interestate commerce. If he hadn't grown that wheat, he could easily have bought it from one of his neighbors and not engaged in interstate commerce at all.

The whole stinking mess is as screwed up as a soup sandwich.

[Graewoulf]

In the book “Left Behind,“ a snake-oil salesman named Carpathian brings the World to ruin.

Dictator Baby-Doc Barack is our Carpathian as he tries to bring America to ruin.

[wizr]

KEEP IT UP, Chuck!

I just put this in my email and sent it out for all to read.

May God make it go viral.

Thanks!

[Rummyfan]

Those statements are so indicative of ignorance of not only Constitutional Law but basic civics that I don’t even know where to begin.

Ignorance and arrogance is a bad combination!

[RC2]

I hope this letter was sent to the President.

[allmendream]

Yes, according to that ‘reasoning’ his non-commercial activity (not selling the wheat he grew but feeding it to his livestock) had an effect upon commerce between the states and was therefore subject to Congressional regulation - because his actions could potentially have had an effect on interstate commerce - by engaging in INTRA state commerce.

Thus we see that the current vision of the interstate commerce clause is NOT confined to “commerce between the states” - but any activity that might have an effect upon interstate commerce - including intrastate commerce.

So why did our founders indicate that the power was to regulate commerce “between the states” if they intended it to be the power to regulate ALL commerce - and all activity that could potentially have an effect on commerce - and now even NON-activity that could potentially have an effect upon commerce?

If the commerce clause is a ‘blank check’ of Federal power - then our founders did not give to us a government of limited and enumerated powers - but one of limitless and innumerable powers.

[70th Division]

“I’m 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.

I think it was like two votes. What a douche bag.

[The Great RJ]

What scares me about Obama’s remarks is he not only apparently ignorant of the limits the the Constitution places on the power of the federal government and how there is a built in system of checks and balances to prevent one branch of government becoming all powerful, but he doesn't really give a damn. To Obama the niceties of the Constitution are just obstacles to his goal of remolding America into a socialist state with an all powerful executive branch. If reelected I could easily see Obama continuing to ignore the Constitution, Congress and the courts and start ruling by decree little different than Caesar Chavez has done in Venezuela or Danny Ortega did in Nicaragua. Obama is a threat to the very survival of our Republic.

[goldi]

The author should leave out the comment about the flappy ears. That will really send Obama over the edge.

[Lou L]

What a fantastic reply. What's great about this, is that anyone with even a modicum of civics' knowledge understands the issues here: they understand the relationship between the USSC, the Legislative and Executive Branches of our government. It's just that Mr. Schreiber has stated this so eloquently.

A couple of thoughts, should the USSC overturn this law--

Will the President and Congress comply?

Will the GOP handle the decision correctly?

What will next year's SOTU speech be like, with Obama addressing both Congress and members of the USSC? I say he will handle it differently, depending on whether or not he's re-elected.

[going hot]

Won't do any good to be sent to the prez.

It needs to be sent everywhere else, for the populace to see, as well as to the house and senate members, both federal and state.

[IamConservative]

Maybe his constituency will buy the crap he was selling, but anyone with a high school education won't.

Unfortunately, most of Obama's constituency doesn't know there are three branches of government let alone that he is a co-equal.