Holder sends letter to Fifth Circuit: Courts are supposed to presume that laws are constitutional...

http://hotair.com/archives/2012/04/05/holder-sends-letter-to-fifth-circuit-courts-are-supposed-to-presume-that-laws-are-constitutional-you-know/ ^

[chessplayer]

They asked for three pages single-spaced. He gave them two and a half. Impeach.

Seriously, though, given the immense interest in this story when it broke Tuesday, there was no way O wasn’t going to use the letter as an opportunity to plead his constitutional case on ObamaCare. The court wanted a statement of the DOJ’s position on judicial review but Holder naturally gave them a little more than that. First, the obligatory — and slightly peevish — acknowledgment that, yes, Marbury v. Madison is still good law:

Holder - "In considering such challenges, Acts of Congress are “presumptively constitutional,” Turner Broadcasting System, Inc. v. FCC, 507 U.S. 1301, 1301 (1993), and the Supreme Com1 has stressed that the presumption of constitutionality accorded to Acts of Congress is “strong.” United States v. Five Gambling Devices Labeled in Part .. Mills,” and Bearing Serial Nos. 593-221,346 U.S . 441 , 449 (1953); see, e.g., Gonzales v. Raich, 545 U.S. 1, 28 (2005) (noting that the “congressional judgment” at issue was “entitled to a strong presumption of validity”). The Supreme Court has explained: “This is not a mere polite gesture. It is a deference due to deliberate judgment by constitutional majorities of the two Houses of Congress that an Act is within their delegated power or is necessary and proper to execution of that power.” Five Gambling Devices Labeled in Part .. Mills,” and Bearing Serial Nos. 593-22i, 346 U.S. at 449.

In light of the presumption of constitutionality, it falls to the party seeking to overturn a federal law to show that it is clearly unconstitutional. See, e.g., Salazar v. Buono, 130 S. Ct. 1803, 1820 (20 1 0) (“Respect for a coordinate branch of Govenm1ent forbids striking down an Act of Congress except upon a clear showing of unconstitutionality.”); Beach Communications, Inc. , 508 U.S. at314-15."

Here’s Carney from today’s press briefing, now in his third day of trying to explain how a constitutional law professor could tell the country on Monday that striking down the mandate would be “unprecedented.” He can’t admit the real reason so this will have to do.

Carney (AKA Baghdad Bob) - "President Obama knows the law."

[Chode]

ya got that right...

[matt1234]

I would presume a 2,700-page law is not only unconstitutional but also tyranical.

[doc1019]

Thought that’s what I said?

[lyby]

Bullsh*t - to the premise of this diatribe by Eric Holder and “our” President. THE United States Constitution has precedence over ANY law - not an amendment, and it IS THE RESPONSIBILITY of our U.S. Supreme Court to exert their part of the “checks and balances” set forth by our Founding Fathers to ensure OUR FREEDOM!

[dennisw]

I noticed today that Rush was calling him Eric the Red.

Not that far from the truth because Holder and his wife have quite a bit of white blood (more than 50%) and their families were the "lighter" elite of Barbados before they immigrated here circa 1920. 

Yep. Holder and his wife have 0% American slave ancestry same as phony baloney Afro-American Barrack. Both got here decades after the Civil War. My people got here circa 1905 so I have nothing to do with slavery either. Of course ignoramus blacks keep persisting on their one track racial mind that I'm still owed due to my great great great grandfathers grandmothers slavery

[Secret Agent Man]

I’d give holder contempt of court and lock him up until he wrote a correct letter and an apology. Murderer cell block.

[skinkinthegrass]

!

[Secret Agent Man]

Court ought to ask why they have to presume Obama are constitutional but the executive branch can presume doma and don’t ask don’t tell, and our immigration laws, are not.

[Chode]

yup...

[FedsRStealingOurCountryFromUs]

This isn’t even ignorance on behalf of 0bama and Holder.. They both KNOW that the SCOTUS exists to judge the Constitutionality of Laws. They KNOW that. What they also know is that the SCOTUS stands IN THE WAY of 0bama’s plans for a Dictatorial regime. ADMITTING this is something 0bama and Holder would never do, so they continue with the ‘back and forth’ legal word play as a diversion.

[ConorMacNessa]

Bullshit, Mr. Attorney General!

The scope of the Supreme Court's purview on judicial review was first set forth over two hundred years ago in Marbury v. Madison, and that purview has expanded inexorably and incrementally ever since. It is precisely the broad review power of the Supreme Court that has effectuated many of the goals of the Civil Rights movement, the effectuation of which have resulted in your appointment to the high office you now hold.

Think about your oath of office, sir, and that of the man to whom you are charged with providing legal counsel. As it stands at this point, you have been weighed in the balance and found wanting. You will have to answer not only to the people of the United States, but to that Great Lawgiver whose writ binds us all.



Nos genuflectitur ad non princeps sed Princeps Pacem!

Listen, O isles, unto me; and hearken, ye people, from far; The LORD hath called me from the womb; from the bowels of my mother hath he made mention of my name. (Isaiah 49:1 KJV)

[chessplayer]

dumbo - “If congress won’t act, I will”

---

Taking the powers of Congress onto himself. Telling the SC that they have no right to say if something is constitutional or not. DICTATOR!!!

[rawcatslyentist]

The vote on this bill in the House was treasonous to say the least. The late J Murtha, took a visible show of hands, and an auditory. He claimed it was the speakers prerogative on how to hold the vote.

[boatbums]

I want a bumper sticker that says:

NO MO BO
FO SHO!

[peeps36]

Who in their right mind would trust the dirty democrats to abide by the constitution? Nancy Pig Pelosi and Dirty Harry Reed are corrupt lowlifes who shouldn't be trusted to clean an outhouse.

[lyby]

Hear! Hear! Sir, ConorMacNessa!! And I express my gratitude for yours and your father’s service to our country! - I appreciate the information you shared on your “about” page!!!

[iceskater]

ROFLOL!!!

[lyby]

Obumbo is a “dictator-wanna-be”. (I pray.)

[GlockThe Vote]

I have a law degree and Obama / Holder make a total disgrace of the legal profession.

[liberalh8ter]

Heck, I don't have a law degree but thought the same thing when Holder announced he was going to try Guantanamo terrorists in civil courts. Of course, I thought it even more disgraceful when I found out the firm he partnered at before his current position represented Guantanamo terrorists. How easy for his buddies back at the firm to get their terrorist clients off - after the fact - by citing they were denied due process? “Hey, Thanks Eric! We got all these billable hours and didn't even have to put any thought into it!”