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