It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
Attorney General Eric Holder acknowledged Wednesday that the "courts have final say," and said his department would respond formally to an appeals court order to explain whether the Obama administration believes judges in fact have the power to overturn federal laws.
The attorney general, at a brief press conference in Chicago, made clear the administration thinks they do.
"We respect the decisions made by the courts since Marbury v. Madison," Holder said Wednesday, referring to the landmark 1803 case that established the precedent of judicial review. "Courts have final say."
"Of course we believe that the Supreme Court has, and the courts have, as their duty and responsibility, the ability of striking down laws as unconstitutional," Carney said.
However, he said, the president was specifically referring to "the precedent under the Commerce Clause" regarding a legislature's ability to address "challenges to our national economy."
Read more: www.foxnews.com...
Obama reiterated his stance on Tuesday, saying the court has traditionally shown "deference" to Congress and that "the burden is on those who would overturn a law like this."
Originally posted by Jameela
I have a question please:
This is what came from Careny in an official statement
"Of course we believe that the Supreme Court has, and the courts have, as their duty and responsibility, the ability of striking down laws as unconstitutional," Carney said.
However, he said, the president was specifically referring to "the precedent under the Commerce Clause" regarding a legislature's ability to address "challenges to our national economy."
Read more: www.foxnews.com...
Yet in these comments from Obama:
"I'm confident that the Supreme Court will 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," Obama said on Monday.
"And I'd just remind conservative commentators that for years what we've heard is the biggest problem on the bench was judicial activism or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example. And I'm pretty confident that this court will recognize that and not take that step."
Obama reiterated his stance on Tuesday, saying the court has traditionally shown "deference" to Congress and that "the burden is on those who would overturn a law like this."
Read more: www.foxnews.com...
So where in comments was Obama talking about the precedent concerning the Commerce Clause? I am confused where he was specifically talking about this clause....On either Monday or Tuesday... I am trying to figure out what I am not understanding or what I missed in all this...
edit on 4-4-2012 by Jameela because: (no reason given)