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    Posted April 4, 2012 by
    Farmersburg, Indiana
    This iReport is part of an assignment:
    Election 2012: Your stories

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    Obama Stirs Up Hornets' Nest


    President  Barack Obama has been turning running against and confronting the US  Congress, the 2nd branch of the government into an artform. However, the  President may have stirred up a hornets' nest after turning the bully  pulpit toward the 3rd branch of government the Judiciary.

    After  some disparaging remarks on Monday directed at the US Supreme Court and  warning the court not to touch, the President's signature domestic  legislation, a federal judge on the 5th Circuit Court of Appeals isn't  about to take the assault without confrontation. That Federal Judge  Jerry Smith has ordered the Justice Department to respond in detail  exactly what the President was saying and whether threatening the  impartiality of an unelected judicial body as a check and balance on  both the Legislative and Executive Branches of Government.

    Judge  Smith told Department of Justice Attorney Dana Kaersvang, "I'm  referring to statements by the president in the past few days to the  effect, I'm sure you've heard about them, that it is somehow  inappropriate for what he termed unelected judges to strike acts of  Congress that have enjoyed, he was referring of course to Obamacare, to  what he termed a broad consensus and majorities in both houses of  Congress.

    "I want to be sure that you are telling us that the  Attorney General and the Department of Justice do recognize the  authority of the federal courts through unelected judges to strike acts  of Congress or portions thereof in appropriate cases."

    The JD  attorney affirmed that Justice absolutely understood the authority of  the Judiciary and the 1803 ruling that confirmed the courts authority  for judicial review.

    The  judge, however, wanted more than just a verbal acknowledgement. Judge  Smith has order the JD to submit a letter to the appeals court by  Thursday stating the position of U.S. Attorney General Eric Holder and  the Justice Department on the concept of judicial review.

    "The  letter needs to be at least three pages, single spaced, no less and it  needs to be specific. It needs to make specific reference to the  president's statements," Smith said.

    While the President's tactic may work on Congress...I think the President may soon be hearing, "Here comes da judge!"

    From the Cornfield, Mr. President, if I were you, I would go back and take a refresher course on constitutional law.


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