Tony Katz

The President’s latest tactic, taking on the Supreme Court’s power of judicial review with a preemptive striking against justices who might contemplate an unfavorable ruling on ObamaCare, following on the heels of last week’s "open mic gaffe" in which he explained Russian President Dimitri Medvedev that he’d have more “flexibility” to sacrifice American security after his re-election, lead to one question: Is Barack Obama making his own case for impeachment?

Obama is no longer fit for the job. I don’t say this lightly. I don’t say it with glee or joy. And I don’t say it with malice. But rather with recognition that the Office of the President must be protected. And the citizens of the United States must protect themselves from a president who is either incapable or unwilling to fulfill his responsibilities to the American people and respect the Constitutionally proscribed limitations on his powers.

Obama’s pronouncement about the Supreme Court was so disingenuous and divisive as alone to warrant impeachment proceedings. Obama, a one-time senior lecturer in constitutional law at the University of Chicago Law School, told a group of reporters at a Rose Garden news conference that since the Affordable Care Act was passed by a “strong majority,” a finding of unconstitutionality would constitute “judicial activism.” Nothing could be further from the truth. Judicial activism is when judges exceed their appropriate powers and legislate from the bench. Judicial review, in contrast, is one of the Supreme Court’s primary functions.

As Leon Wolf of RedState asks, has the professor never heard of Marbury vs. Madison (the 1803 case affirming the Court’s right of judicial review)? Further, if Obama believes the Court has no right to review - - and invalidate if necessary - - a law, so long as it was duly passed by Congress, what does he believe IS the Court’s role? What exactly did he teach his students at the University of Chicago?

On the international stage, Obama stunned US citizens and allies with his thinly veiled promise to Medvedev that he would put the missile shield - - a key component of our defense strategy - on the back burner after he’s re-elected, said with disdain for Americans. This stunning statement is worthy of a conversation about treason. A conversation that should take place in front of Chief Justice John Roberts.

Obama was undaunted by the fact the mic was open, and every disgusting word was caught on tape. Since then, he has twice joked about the conversation and the open mic. TWICE! Once, though completely improper, could have been dismissed as self-deprecating humor; trying to make the best out of a bad situation (it would not have worked, but it could have been dismissed.) Twice means not only does Obama not think it's a big deal, but no one around him thinks it's a big deal. How is that not dangerous?

Obama sees himself as above the law, and sees the Law as a detriment to his "moral" goals. As Ben Shapiro (also a Harvard educated lawyer) pointed out:

President Obama has made it his mission to wield the club against the other two branches of government in a manner unprecedented in American history. Yesterday, Obama, rejecting the heart of judicial review for purposes of his own power, stated, “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.” That, of course, is precisely what the Supreme Court does on a daily basis....But for Obama, the Supreme Court is an obstacle to his own power.

In August, 2011, I wrote:

President Obama is actively engaging in a pre-meditated attack on the United States Constitution, and the American way of life. His words are not missteps, like 57 states or the insulting inability to properly pronounce the word corpsman. Obama is attempting to plant the seed into the already vitriolic and boisterous Progressives that the problem with America is the thing that makes America great – the rule of law that does not allow government to rule us.

Nothing has changed. In fact, with this latest round of assaults on the Court, they have gotten worse. Add to this Obama's unconstitutional recess appointments. How long until we say aloud - The Nation Is Under Attack From Within?


Tony Katz

Tony Katz is a radio talk show host, writer, public speaker and cigar enthusiast. His show can be heard on 93.1FM WIBC in Indianapolis, and at TonyKatz.com.