April 29, 2010

Obama and "Conservative Judicial Activism"

Speaking aboard Air Force One, President Obama appeared to fire a shot across the bow when he warned of "conservative judicial activism." In remarks that seemed to be clearly aimed at the constitutional challenges to Obamacare,
He said the notion of judicial restraint should apply to liberal and conservative jurists. Instead, the president said arguments over original intent and other legal theories end up giving judges a lot of power — sometimes more power than elected representatives have.

Obama said judges should presume that the laws produced by the House and Senate and state legislatures should get "some deference as long as core constitutional values are observed."
As always, the devil is in the details. For example, what does Obama mean by "core constitutional values?" With respect to Obamacare he certainly doesn't mean limited government, federalism, or individual liberty - at least in the economic sense. What Obama means, essentially, is the Court should be deferential to his big government boondoggles while striking down laws that interfere with liberal "core constitutional values."

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