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The Afforable Care Act: Democracy v. People With Harvard Law Degrees

Barack Obama remains confident that the Affordable Care Act, the pillar legislation of his presidency, will be deemed constitutional in a June ruling by the Supreme Court. His confidence stems from the obvious: the Supreme Court would be egregiously violating its power if it were to overturn legislation passed by a democratically elected congress, when the Supreme Court Justices are appointed by the President in conjunction with Senate consent. President Obama pointed this out, and now everyone is mad. To overturn the Affordable Care Act, the Supreme Court would be imposing unprecedented limitations on Congress' power. As per the Commerce Clause, the Supreme Court would be repudiating settled precedent that limits the role of this unelected court to review, or in this case, reject, legislation enacted by the elected branches of government. By virtue that the Supreme Court is unelected, established precedent rightly holds that the court should very, very rarely exercise the power assumed in Marbury v. Madison (1803) to overturn legislation. This power is not explicitly conferred or withheld by the Constitution; however, the court has shown to review legislation that violates explicit constitutional premises such as the Bill of Rights. Overturning the Affordable Care Act would radically alter the current constitutional relationship between the Supreme Court and the inherently equal, although elected, branches of government. It would prove to be a major expansion in the Supreme Court’s power, perhaps ushering in pre-New Deal era, where the Supreme Court enjoyed unrestricted power to reject Congressional legislation based on the political views of the court itself and the individual beliefs of the Justices. Knowing this, Obama diligently, and rightfully, pointed out that overturning the Affordable Care Act ruling, legislation enacted by the elected representatives of the American people, would be outrageous. To be consistent with the established precedents of constitutional jurisprudence, the court should not, nor should have been given the chance, to put a limit on Congress’ power, given that it does not, nor would not have been created if, it violated any part of the Constitution. So, sincere apologies that you have to pay, along with car insurance, house insurance (are those “unconstitutional” too?), for health insurance. Coming from a country with socialized health care, I’m sorry that you even have to pay for it in the first place. But when your health care system is based on a model where private insurers insure the healthiest people and do not insure the sick ones to ensure profit (Blue Cross and Blue Shield c. 1940s), you could not have been naïve enough, and hopefully not heartless enough, to expect this to go on forever. The 45.7 million Americans who are uninsured will thank you, Mr. President. And as for everyone else, one day you’ll be thankful too. After all, they don’t call them accidents for nothing. And if you never get into an accident, congratulations – you would have spent your life supporting and fostering longer, healthier lives for people who suffer from health problems of any kind, so that they may actively engage in the pursuit of life, liberty, and happiness as long as they shall live. And what’s more American than that? http://www.nytimes.com/2012/04/03/us/politics/obama-says-hes-confident-health-care-law-will-stand.html?ref=affordablecareact
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Let's hope that Obama will do something concrete in regard to that!
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MRW: The State Of The Union Address
Tonight was the United States' annual State of the Union address. To those of you a little rusty on your US politics, every January, the president delivers the State of the Union, a speech that addresses all that has been accomplished in the past year, all the current problems the nation is facing, and what citizens can expect of their government moving forward. Since it's an event full of politics, it's incredibly entertaining to make fun of - especially since, in such speeches, there's a very fine line between promise and prose. I've never been a huge fan of the politics, but I do understand the significance of the State of the Union as a citizen of the country. And as a citizen of the country, I get to make fun of it too, right? SO WITHOUT FURTHER ADO, my MRW: State Of The Union edition.* ** MRW = "My Reaction When..." (for those of you still out of the know) MRW: POTUS says he'll make junior college free this year. PEACE OUT, CRIPPLING DEBT!! WE WISH WE NEVER KNEW YE!! MRW: POTUS makes not-so-subtle jabs at Republicans. One of the biggest highlights of the speech was "Food Stamp recipients didn’t cause the financial crisis; recklessness on Wall Street did." Daaaaamn, Obama. It must be easy to talk smack when you're not up for re-election. MRW: POTUS claims Veep Biden will help America cure cancer. Okay, I'm pretty sure Obama meant that Biden would make sure that the National Institutes of Health would have all the financial resource they need in order to cure cancer, but it was pretty much phrased like Biden freelances in clinical oncology on the side. Which would be weird. But also wildly impressive? MRW: POTUS mentions the country's renewed relationship with Cuba. Maybe in a few years, we'll finally be able to tour the country ourselves and eat some REAL Cuban sandwiches. You know, fingers crossed. MRW: POTUS follows up each point with 'America is the best! We're world leaders!' rhetoric. Okay, okay, we get it. We're Americans, and we come from an incredibly capable and successful country. But you don't have to turn this into an America advertisement. We're U.S. citizens. We're all sipping the same red, white, and blue Kool-Aid. MRW: POTUS says he'll be brief, but it turns into the 16th longest speech in the State of the Union's 226 year history. This kid is like the official representative of everyone who stuck it out watching the SOTU at home. That yawn is pretty much everything. And with that, I give you my reactions to this year's State of the Union. Feel free to add your own thoughts regarding this week's speech in the comment section below!