Think Freely Media presents Common Sense with Paul Jacob

When you hear the word “unprecedented,” reach for your . . . dictionary.

As I’ve noted before, the word no longer sports its traditional meaning.

On Monday, President Barack Obama commented on the possibility that the Supreme Court would strike down the 111th Congress’s Patient Protection and Affordable Care Act by saying that such a move would constitute “an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.” Yesterday, a three-judge panel of the Fifth Circuit Court of Appeals ordered the Justice Department to clarify the president’s statement. By Thursday.

Does the president — who happens to have taught constitutional law — really think the courts do not have the power to review and disqualify law on the basis of constitutionality?

As reported on CBS News’s Crossroads site, “Overturning a law of course would not be unprecedented — since the Supreme Court since 1803 has asserted the power to strike down laws it interprets as unconstitutional.”

I’d like to take a moment and thank the president . . . for help making the Constitution a live topic of conversation these days. But there’s something worrisome here. The president knows better. This is even worse than, say, Newt Gingrich totally messing up his comments on “activist judges,” making hash of law and interpretation. This is a president with a Harvard-established reputation on the subject saying something patently untrue.

He could only have been “fibbing.” And hoping to get away with it . . . apparently on the supposition that Americans are so miseducated we wouldn’t even notice.

We noticed.

This is Common Sense. I’m Paul Jacob.

By: Redactor


  1. Sheldon says:

    As far as I know there is nothing in the Constitution that mandates that the Supreme Court has the power to declare laws unconstitutional. It was only since the Marbury v. Madison decision that the court itself assumed that power.

    However, there is nothing to prevent any and very state from nullifying any law it deems unconstitutional under the tenth amendment to the Constitution.

  2. …. Hugo Chavez 0=Zero may only have been “fibbing.” And hoping to get away with it, perhaps on the supposition that Americans are so miseducated we wouldn’t even notice.

    …. We noticed ….

    And therein lies a glimpse of what will provide but half the fuel for the coming holocaust.

    The other half will come from the mindless rage of the Hugo Chavez 0=Zero brigades when, as their lock-stepping Goebbelsesque propagandist “press” buddies have already discovered, they realize they no longer control the Narrative. And that they can no longer – any of the time – fool any but their at-the-bottom-end-of-the-wrong-end-of-the-Bell Curve base!

  3. Brian Wright says:

    Sheldon’s point is right to the point: namely we as a people have hoped–forlornly in most cases–that SCOTUS would preserve the Constitution against usurpation of all stripes. And that the people’s hope for preserving the Constitution lies, as it always has, in Nullification ( [There’s quite a Nullification backlog as it turns out.]

    Paul’s column is to the point as well: Obama is a Grand Sock Puppet perpetrating fraud against the charter he claims to be an expert in. Further, he, by his own documentation and admission, is not a natural born citizen, which according to the Constitution disqualifies him from holding the office of president. Fraud and lies on top of fraud and lies. The house of cards is destined to fall very soon and very quickly.

  4. JohnnyK says:

    Brian, are we back to the birther thing again?

  5. Paul missed the big one. Obamacare wasn’t approved by a “strong majority” in Congress. It barely squeaked through and that only because of bribes, like exempting a state from its provisions.

  6. Paul Jacob says:

    David — Good catch, though my defense is that I didn’t miss it at all; I just didn’t have the space/time to include it. Sometimes he can spin yarns faster than we can truth-squad them. 🙂

  7. Richard Shepard says:

    “However, there is nothing to prevent any and very state from nullifying any law it deems unconstitutional under the tenth amendment to the Constitution.”

    I wish the Tenth Amendment had those teeth. But the Civil War pretty much eviscerated that amendment.

  8. Shirley Moore says:

    His lies started when elected as a candidate illegally running. His lies and manipulations have continued and will until he has completed his agenda, which is destruction of this nation. I hope people will wake up and realize this man is evil and needs to be ousted. WAKE UP AMERICA. IF YOU THINK OBAMA IS FOR YOU, YOU ARE BEING USED, LIKE HOLDING A CARROT IN FRONT OF A HORSE.

  9. MoreFreedom says:

    States can’t nullify laws, because the federal government will still enforce them, and states won’t defend citizens against it. And how can states nullify laws when the Feds threaten to withhold federal funding for many state programs? States can’t just tell its citizens to not pay federal taxes.

    And Obama (hoping we won’t notice) sues states for enforcing some federal laws (on immigration) yet wants and allows local police to enforce federal drug laws. I.E. Obama has decided which federal laws states may enforce, and which it must not. That’s law by a man, not a nation of laws.

  10. […] wrote about this misuse of “unprecedented” the first chance I got, even suggesting that the president wasn’t exactly engaging in honest […]

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