Part II: Not all in the media ignore the Constitution.

Excerpts from the editorial found at The New York Sun. 

Ex Parte Obama

Editorial of The New York Sun | April 2, 2012

It’s been a long time since we’ve heard a presidential demarche as outrageous as President Obama’s warning to the Supreme Court not to overturn Obamacare. The president made the remarks at a press conference with the leaders of Mexico and Canada. It was an attack on the court’s standing and even its integrity in a backhanded way that is typically Obamanian. For starters the president expressed confidence that the Court would “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.

It is outrageous enough that the president’s protest was inaccurate. What in the world is he talking about when he asserts the law was passed by “a strong majority of a democratically elected Congress”? The Patient Protection and Affordable Health Care Act barely squeaked through the Congress. In the Senate it escaped a filibuster by but a hair. The vote was so tight in the house — 219 to 212 — that the leadership went through byzantine maneuvers to get the measure to the president’s desk. No Republicans voted for it when it came up in the House, and the drive to repeal the measure began the day after Mr. Obama signed the measure. . . . . 

It is the aspersions the President cast on the Supreme Court, though, that take the cake. We speak of the libel about the court being an “unelected group of people” who might “somehow overturn a duly constituted and passed law.” This libel was dealt with more than two centuries ago in the newspaper column known as 78 Federalist and written by Alexander Hamilton. It is the essay in which Hamilton, a big proponent of federal power, famously described the Court as “the weakest of the three departments of power.” It argued that the people could never be endangered by the court — so long as the judiciary “remains truly distinct from both the legislature and the Executive.” .. . . . . .

Eventually the Supreme Court itself, in the case known asMarbury v. Madison, spelled out the logic of judicial review. We’ve always felt it was important to note that the Court’s authority does not stem from the Court’s own assertion of its own powers. It is deeper down, in the writings of the Founders themselves, and part of the American bedrock. It exists at the Federal level and in the constitutions of the states. The idea of separated powers was first put down in plain language in our laws in the constitution of Massachusetts, which noted that the aim was to have a government of laws rather than of men. It is a mark of our cynical age that Mr. Obama would challenge these assumptions. One can attribute the error of judgment to the fear that once the Court gets its back up and decides to hold the Congress to the powers that are enumerated in the Constitution, it’s not just Obamacare that is in danger but the whole regime of runaway power in Washington.