Constitutional showdown - A Florida judge distorted the law in striking down healthcare reform

LA Times ^ | 2/06/11 | Akhil Reed Amar

[Libloather]

Constitutional showdown
A Florida judge distorted the law in striking down healthcare reform.
By Akhil Reed Amar
February 6, 2011

Earlier this week, after grading student papers from my Yale Law School class on constitutional law, I began reading federal District Judge Roger Vinson's recent opinion declaring "Obamacare" unconstitutional. One thing was immediately clear: My students understand the Constitution better than the judge.

I strive to be apolitical in evaluating students and judges alike. Over the years, many of my favorite students have been proud conservatives, while others have been flaming liberals. The Constitution belongs to neither party.

As every first-year law student learns, lower court judges must heed Supreme Court precedents. The central issue in the Obamacare case is how much power the Constitution gives Congress, and the landmark Supreme Court opinion on this topic is the 1819 classic, McCulloch vs. Maryland.

In McCulloch, when states' rights attorneys claimed that Congress lacked authority to create a federal bank, Chief Justice John Marshall famously countered that the Constitution gives Congress implied as well as express powers.

[Libloather]

Spinning the law.

[cc2k]

Wow, if anybody knows about “distorting” facts, it’s the LA Times. This could be hugh. I’m series.

[FlingWingFlyer]

Akhil Reed Amar. Ooooookay!

[Dead Corpse]

Yet another "Yale scholar" who is more of a hopeless ideologue than an actual scholar of any stripe.

These people aren't deluded. They aren't mistaken. They aren't harmless nutcases.

They are doing this deliberately. They are an active danger to our Society and our freedoms.

[DaxtonBrown]

Akhil Reed Amar
With an All-American name like that, what could possibly go wrong with his interpretation?

[Reddy]

Checked out Mr. Akhil Reed Amar.... looks like he is also advocating the dissolution of the electoral college.

He’s an idiot.

[A_Former_Democrat]

Here’s all you need to know about Con Man Amar’s mentality:

Discussing the American Constitution, they assert that the ideal of citizenship generates four “boxes” of rights. The first three are the ballot box, jury box and cartridge box. To these, with some reservations, they add the lunch box: the idea of a social safety net that supports basic physical and educational needs.[3][4]

And just where in the Constitution, Professor, is the authority for the “lunch box”? In other words, it’s really more about your left wing political bent than what’s actually in the document.

Yeah, I think you might want to “have some reservations” about the “lunch box” Lots of reservations.

[Maelstorm]

I can’t wait till this gets to the Supreme Court. Obama in winning may lose much more. The Supreme Court ruling against the Constitutionality of Obamacare will represent the unraveling of the great society. If we can keep the Supreme Court we will have the potential to undue all of the wrong headed unconstitutional entitlement programs put in place from FDR forward. If they can’t force you to buy insurance they most certainly can’t force you to buy into a govt run retirement program.

[liberalh8ter]

Thanks for posting this...it brought a chuckle to my Sunday.

Okay “AKHIL REED AMAR” - I see that you begin by qualifying your “thoughts” with “Earlier this week, after grading student papers from my Yale Law School class on constitutional law” as if that makes your opinion beyond reproach however, the idiot that currently occupies the WH has a Constitutional law degree and he can’t get it right either.

I’m sure AKHIL teaches his students that “Constitution is a living document” drivel as well. Are they giving Ivy League law degrees out through bubble gum machines now?

[Loud Mime]

As every first-year law student learns, lower court judges must heed Supreme Court precedents.

That depends on the instructor, doesn't it?

[surfer]

Akhil Reed Amar

That’s all I needed to see...

[Hardraade]

With an All-American name like that, what could possibly go wrong with his interpretation?

He's a muslim like his "president", probably. And we all know that muslims are the law.

[GeronL]

Hey idiot leftists,

The Constitution overrides laws.

[Mygirlsmom]

I strive to be apolitical in.....

Translation: I'm a lefty, but I won't admit to it.

[screaminsunshine]

The huge communists enclaves would hold more power without the EC.

[Bigun]

Akhil Reed Amar With an All-American name like that, what could possibly go wrong with his interpretation?

Right! He is undoubted ly and expert on our system of laws! < /sarcasm >

[relictele]

Reminds me of Doug Amy who created a list of 'good' things the government does. He also is in favor of dissolving the Electoral College.

Here's a 2005 symposium that involved Amar:

As we all know, a living Constitution is no Constitution at all.

[microgood]

A basic purpose of the founders was to create sweeping federal tax power

What a crock.

[Poison Pill]

I strive to be apolitical in evaluating students and judges alike. Over the years, many of my favorite students have been proud conservatives

I'm not a bigot! Some of my best friends are......

[ReverendJames]

I spent an interesting hour or two with some Australian friends explaining the EC system to them.