In this corner, President of the United States Barack Obama.
In this corner, Chief Justice of the United States John Roberts.
I don’t know that I’ve ever seen the legislative or executive branch openly fight with the judiciary. See, the way our people have come to understand the government, the judiciary has the final say on what is and is not constitutional. Of course, this wasn’t ever the intention of the Founding Fathers, who wanted three co-equal but separate branches of government.
If President Obama wants to set an adversarial tone with the judicial, I would encourage him to do so. There needs to be a national discussion on how far the Supreme Court is allowed to go and who really decides what is and is not constitutional.
The way I see it, every branch of government, the people, and the states individually, should each have their own interpretation of the constitution. Each should exercise whatever power they believe they have to the full extent. That means:
- The president should only enforce laws he believes are constitutional.
- The legislature should only pass laws they believe are constitutional.
- The judiciary should only judge individual cases according to their interpretation of the constitution.
- The people should elect representatives according to what they believe is constitutional, and openly challenge the government’s interpretation of the constitution and go as far as exercising jury nullification to nullify unconstitutional laws.
- The states, as well, should write their own laws and judge their own cases and raise their own armies according to their interpretation of the constitution.
So I say, Bravo, President Obama! Go ahead and challenge the judiciary! Please, we need the executive branch to stand up and openly reject court decisions from time to time.
Of course, in this particular case, President Obama and the democrats are dead wrong. When the first amendment was written, it was written in such a way that laws that even hinted at obstructing the freedom of speech, or of the press were outright forbidden. Congress cannot legislate what we say, and how we distribute that message! If a foreign national wants to spend a billion dollars to run a political ad the day before our presidential election, it is his God-given RIGHT to do so! Let people speak and be heard! Let them use whatever resources they have available to influence the people in whatever ways they deem necessary!
I’m glad the Supreme Court recognized my right to gather a few friends together and speak, LOUDLY, about the political issues and candidates of the day.
I’m also glad that the president is not acting deferential to the judiciary and the legislature. Let them fight, fight, fight! The more they fight, the more liberties we will have!
I’m extremely glad that Obama now realizes how dangerous our government is to bad ideas. No, you cannot use bargaining or bribes or threats of violence to move ahead in our political system. You have to build consensus and campaign endlessly just to move the smallest issue ahead.