Kerpen on Politico: On health care law, who’s the judicial activist?
Obama knows better. Far from being “unprecedented” for the Supreme Court to strike down an unconstitutional act of Congress, it has been one of the Court’s core functions since Marbury v. Madison. The Court has struck down 57 specific statutes since 1981, averaging about two per year.
Moreover, Obama’s claim that Obamacare passed Congress by strong majorities is factually challenged; it passed the House on a bare 219-212 vote with 34 Democrats opposed, not a single Republican in support, and in the face of intense public opposition.
Of course, the Court is a countermajoritarian element of our constitutional system, designed to put constraints on the democratic branches to protect individuals from excessive government power. But in this particular case, if the Court strikes down this unconstitutional act of Congress, the majority of Americans will rejoice. Even if Obama continues to lash out irrationally.