“No president in modern times has questioned their [the Supreme Courts’] authority”
April 6, 2012
Constitutional expert Judge Andrew Napolitano says he fears that the president is skirting “dangerously close to totalitarianism” with his recent questioning of the authority of the Supreme Court to conduct a review of ObamaCare.
Appearing on Neil Cavuto’s “Your World” show Wednesday, the Judge warned that Obama was systematically flouting the system of checks and balances established by the founding fathers.
“A few months ago he was saying the Congress doesn’t count. The Congress doesn’t mean anything. I am going to rule by decree and by administrative regulation.” Napolitano said.
“Now he’s basically saying the Supreme Court doesn’t count. It doesn’t matter what they think. They can’t review our legislation. That would leave just him as the only branch of government standing.”
“I think he has some problems with understanding the Constitution or accepting limitations on his power.” the Judge added.
During a speech at the Eisenhower Executive Office Building, with Vice President Joe Biden in February, Obama said “Whenever Congress refuses to act, Joe and I, we’re going to act,” adding “In the months to come, wherever we have an opportunity, we’re going to take steps on our own to keep this economy moving.”
Earlier this week Obama appeared to challenge the “unelected” Supreme Court not to take an “extraordinary” and “unprecedented” step of overturning his health reform law.
“Ultimately, I am 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.
The president then stated “…for years, what we have heard is, the biggest problem on the bench was judicial activism, or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law,” he said. “Well, this is a good example, and I’m pretty confident that this court will recognize that and not take that step.”
In essence, Obama appears to be making the case that the Constitution is outdated because it allows for “an unelected group of people” to make judicial decisions.
Judge Napolitano points out that this is an extreme view for anyone to take, let alone a president.
“There are equal branches of the government, but with respect to what the law means and what the Constitution means, the court is superior to the president.” Napolitano noted.
“No president in modern times has questioned their authority.”
“This is an extreme view of the Supreme Court and the Constitution, one that has not been articulated since Andrew Jackson.” The Judge urged.
Watch the video below: