Thomas Sowell writes:
[T]he 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.
Now there are different kinds of liars. If we must have lying Presidents of the United States, I prefer that they be like Richard Nixon. You could just look at him and tell that he was lying.
On accusations of judicial activism, Sowell writes:
Second, the “judicial activism” that conservatives have complained about was judges making rulings based on how they felt personally about the issue at hand, rather than about what the Constitution of the United States said.
In recent years, great efforts have been made to redefine “judicial activism” in terms of judges declaring laws unconstitutional, instead of “deferring” to Congress or other government institutions. …
As for Supreme Court justices being unelected, that has been true since the Constitution was created. That was done deliberately, so that they could render their judgments without fear of political repercussions.
Read the whole article: RealClearPolitics – Political Word Games.