Thomas Sowell on Presidential Rhetoric

Discussion in 'Politics' started by preachinjesus, Apr 5, 2012.

  1. preachinjesus

    preachinjesus
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    http://jewishworldreview.com/cols/sowell040412.php3#.T3x_t9Ef2Ig.facebook

    One of the highly developed talents of President Barack Obama is the ability to say things that are demonstrably false, and make them sound not only plausible but inspiring. That talent was displayed just this week when he was asked whether he thought the Supreme Court would uphold ObamaCare as constitutional or strike it down as unconstitutional.

    He replied: "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." But how unprecedented would it actually be if the Supreme Court declared a law unconstitutional if it was passed by "a strong majority of a democratically elected Congress"? The Supreme Court has been doing precisely that for 209 years! Nor is it likely that Barack Obama has never heard of it. He has a degree from the Harvard law school and taught constitutional law at the University of Chicago law school. In what must be one of the most famous Supreme Court cases in history — Marbury v. Madison in 1803 — Chief Justice John Marshall established the principle that the Supreme Court can declare acts of Congress null and void if these acts violate the Constitution. They have been doing so for more than two centuries. It is the foundation of American constitutional law. There is no way that Barack Obama has never heard of it or really believes it to be "unprecedented" after two centuries of countless precedents.

    In short, he is simply lying.


    ---> I'm so glad someone articulated this so well. :thumbsup:
     
  2. billwald

    billwald
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    Not exactly!

    from http://en.wikipedia.org/wiki/Worcester_v._Georgia

    Facts
    Georgia passed laws restricting authority of the Cherokee over their lands. Among these was a law requiring all whites living in Cherokee Indian Territory, including missionaries and persons married to Cherokee, to obtain a state license to live there. After seven missionaries refused to obtain licenses, they were arrested, convicted, and sentenced to four years of hard labor. They refused to obey the military when they were asked to leave the state. They appealed their case to the United States Supreme Court, arguing that the law under which they had been convicted was unconstitutional because states have no authority to pass laws concerning sovereign Indian Nations.
    The missionaries Samuel Worcester and Elizur Butler were arrested by Georgia because of their opposition to Cherokee removal. If they had applied for state licenses, they would have been denied. The Georgia state courts had previously deferred to Worcester because of his federal appointment as postmaster to New Echota, the Cherokee capital. However, George Rockingham Gilmer, the governor of Georgia, persuaded the federal government to withdraw Worcester's appointment as postmaster in order to make him subject to arrest.
    [edit]Opinion
    Chief Justice John Marshall laid out in this opinion the relationship between the Indian Nations and the United States is that of nations. He argued that the United States, in the character of the federal government, inherited the rights of Great Britain as they were held by that nation. Those rights, he stated, are the sole right of dealing with the Indian nations in North America, to the exclusion of any other European power, and not the rights of possession to their land or political dominion over their laws. He acknowledged that the exercise of conquest and purchase can give political dominion, but those are in the hands of the federal government and not the states.
    The court ruled that the Cherokee Nation was a "distinct community" with self-government "in which the laws of Georgia can have no force." It established the doctrine that the national government of the United States, and not individual states, had authority in American Indian affairs.
    [edit]Legacy



    Samuel Worcester
    [edit]Jackson's response
    In a popular quotation, President Andrew Jackson is supposed to have said: "John Marshall has made his decision; now let him enforce it!". This derives from Jackson's consideration on the case in a letter to John Coffee, "...the decision of the Supreme Court has fell still born, and they find that they cannot coerce Georgia to yield to its mandate," (that is, the Court's opinion was moot because it had no power to enforce its edict).[1]
     
  3. Bob Alkire

    Bob Alkire
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    Thomas Sowell is correct. I've enjoyed reading his work for years.
     

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