Why the Court Will Strike Down Obamacare

The Supreme Court and Obama
Posted by Butler Shaffer on March 28, 2012 09:19 PM

James: I have another ­ albeit a long-shot ­ theory as to why the Supreme Court might declare Obamacare unconstitutional. It is clear that the framers of the Constitution intended Congress to be the principal site of political authority within the national government. Very quickly, however, and with the bloody and vicious nature of the French Revolution raising questions as to whether the democratic process might produce similar insanities in America, the Supreme Court ­ in the case of Marbury v. Madison under Justice Marshall's leadership  ­ usurped the power of the judiciary to sit in judgment on the actions of the legislative and executive branches. That there is no wording anywhere in the Constitution ­ particularly Article III ­ that even remotely suggests such power, has not hindered the Court's exercise of "judicial review."

Today, with the Bushobama administrations separating their authority to act from any constitutional authority or restraints, it might be that the Supreme Court  could be desirous of curbing the executive branch in its efforts to usurp power, including the Supreme Court's usurped power to sit in judgment of the other branches.