If the court overturns this hideously unconstitutional (and enormously unpopular) law, it will not, Sen. Leahy, be "acting out based on" its "personal views" or be the "height of conservative judicial activism" but will be a proper judicial corrective of an egregious legislative and executive abuse of power.
Just because it has been settled law since 1803 in Marbury v. Madison that "it is emphatically the province and duty of the judicial department to say what the law is" doesn't mean that Congress and the president are exempted from their duty to enact laws that pass constitutional muster.
But you wouldn't know that by observing this crop of Democratic lawmakers, who revealed their contempt for the Constitution a few years ago on video, as they -- Nancy Pelosi and countless others -- mocked the idea that they are under any duty to ensure their enactments conform to constitutional precepts.
These rule of law-defying politicians would do well to heed the words of Sir William Blackstone, the venerable English jurist whose treatise "Commentaries on the Laws of England" long stood as the leading work on English law and was instrumental in the development of American common law and our entire legal system.
Blackstone, who wrote in the 18th century, was no stranger to legislative arrogance and strongly affirmed the duty of legislators to take their role seriously. He wrote that those "who are ambitious of representing their country in parliament ... who are ambitious of receiving so high a trust, would also do well to remember its nature and importance." Their duty, he said, is not to "vote with or vote against a popular or unpopular administration; but upon considerations far more interesting and important. They are the guardians of the English Constitution; the makers, repealers, and interpreters of the English laws; delegated to watch, to check, and to avert every dangerous innovation."
And consider this Blackstone statement in light of the 2,700-page behemoth that is Obamacare: "What kind of interpretation can (the legislator) be enabled to give, who is a stranger to the text upon which he comments."
Quoting "Tully," Blackstone continued, "It is necessary for a senator to be thoroughly acquainted with the constitution; and this (he declares) is a knowledge of the most extensive nature; a matter of science, of diligence, of reflection; without which no senator can possibly be fit for his office."
Indeed. The same goes for a president.
David Limbaugh is a writer, author and attorney. His latest book, "Crimes Against Liberty," was No. 1 on the New York Times best-seller list for nonfiction for its first two weeks. Follow him on Twitter @davidlimbaugh and his website at www.davidlimbaugh.com. To read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Web page at www.creators.com.
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