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April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review April 10, 2012/ 18 Nissan, 5772

To Obama, legal precedents are all about politics

By Byron York




http://www.JewishWorldReview.com | In 1996, Congress passed the Defense of Marriage Act by huge bipartisan votes -- 342 - 67 in the House and 85 - 14 in the Senate. President Bill Clinton signed the measure into law.

Now, the Obama administration says DOMA, which permits states to refuse to recognize gay marriages from other states and creates a federal definition of marriage as the union of one man and one woman, is unconstitutional. In Boston recently, Stuart Delery, an attorney for the Justice Department's Civil Rights Division, urged the 1st Circuit Court of Appeals to find DOMA violates the Constitution by discriminating against gays and lesbians. "I'm not here to defend (the law) on any standard," Delery told the court.

What was striking about Delery's request that a federal court strike down DOMA was that at virtually the same time, President Obama was railing at the very notion that a federal court would strike down any law passed by Congress.

"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 about the arguments over Obamacare before the nation's highest court. The danger presented in the health care case, the president continued, is that "an unelected group of people would somehow overturn a duly constituted and passed law."

Obama immediately ran into a barrage of questions. How can the Supreme Court overturning a law be "unprecedented" when the court has done it more than 150 times in U.S. history? And does the president even recognize the court's authority to rule on the constitutionality of laws passed by Congress?

Backtracking, Obama said the next day that "the Supreme Court is the final say on our Constitution and our laws, and all of us have to respect it." He also claimed, without convincing many people, that he called the Obamacare case "unprecedented" because it's been awhile since the court overturned "a law that was passed by Congress on an economic issue, like health care."

But what about that "strong majority"? When reporters pointed out that Obamacare passed the House by a narrow margin of 219 - 212, White House spokesman Jay Carney quickly revised "strong majority" to simply "majority."

But all that backing and filling -- including Carney's claim that Obama was misunderstood "because he is a law professor" -- was before the DOMA arguments made news. If the president was so concerned about a court overturning a duly constituted law passed by a democratically elected Congress, why was he urging a small group of unelected judges to strike down DOMA, a measure that won passage by a far greater margin than Obamacare?

The answer is, of course, that the administration is making a political argument for its positions, not a legal one. And perhaps counterproductively, the president's decision to bring up Obamacare's history in Congress could end up reminding the public of the tangled circumstances of its passage. Even with a huge majority in the House, Democrats barely passed the bill in the face of bipartisan opposition. And in the Senate, Obamacare succeeded as the result of a set of freakish circumstances that allowed Democrats to pass an unpopular measure into law.

Those circumstances included the wrongful prosecution of a Republican senator (Ted Stevens), resulting in his seat going to a Democrat; the defection of another Republican senator (Arlen Specter) to the Democrats; and a change in one state's laws (Massachusetts) to allow a Democratic governor to immediately appoint a Democrat to succeed the late Sen. Ted Kennedy and give the Senate a 60-vote Democratic supermajority. And then there were the policy payoffs to some Democratic senators who were undecided about the bill. Even then, Democrats held a filibuster-proof majority in the Senate for just 134 days before Massachusetts elected a Republican senator, Scott Brown, who ran specifically on the platform of stopping Obamacare. But in those 134 days, Democrats managed to pass an unpopular bill into law without a single vote to spare.

Now, the timing of the arguments over Obamacare and DOMA has revealed the flexibility of the administration's arguments over constitutionality. And the flap over Obama's remarks is just a preview of what is coming when the court issues its decision on Obamacare this June.

A decision on DOMA, which has not yet arrived at the Supreme Court, lies in the future. But if those arguments come when Barack Obama is president, perhaps DOMA's defenders will remind the administration of the president's respect for duly constituted and passed laws.

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Previously:




04/03/12 All of the liberal panic unnecessary --- and all the conservative hope unfounded?
03/27/12 Obama headed for defeat in pipeline fight
03/20/12 Why do island territories play key role in GOP race?
03/14/12The real bias in 'Game Change'
03/06/12 In politics fight, Breitbart knew culture is key
02/27/12 Hollywood makes 'Game Change' into Sarah Palin story
02/22/12 Why did Santorum lose in 2006?
02/14/12 After wins, Santorum targets Romney's native state
02/07/12 Running as businessman may be Romney's curse
02/01/12 What REALLY happened to the Gingrich ethics case?
01/25/12 Romney's unsolvable Massachusetts problem
01/18/12 If Romney wins, count on Obama to dig into Bain
01/10/12 Is New Hampshire fit to pick a president?
01/04/12 How Romney began journey on abortion
12/28/11 Blame Florida for GOP's holiday craziness
12/20/11 Huckabee dismisses draft but remains a force in Iowa
12/13/11 Surging fast, Gingrich looks to take Iowa
12/06/11 Voters like Newt, but wait to see if he's real
11/29/11 Despite surge, peril for Gingrich all around
11/22/11 To bounce back, Perry must mix it up
11/15/11 Newt's wonkish, unconventional campaign
11/08/11 Tim Pawlenty, the man who coulda been a contender
11/07/11 Gingrich big winner at key Iowa event
10/31/11 Perry's right: Republicans drowning in debates
10/25/11 Romney health plan still faces challenge from GOP
10/18/11 Lesson of Perry's candidacy: Think before you run
10/06/11 In veepstakes, candidates deaf to Rubio ‘no’
10/04/11 Cain's 9-9-9 plan sounds good, but will it work?
09/27/11 Media bias 101
09/20/11 Obama plagued by Dems' ingratitude
09/13/11 Will immigration cripple Perry's bid?
09/06/11 Left paints the campaign as a religious war
08/30/11 Keep your health plan? Don't count on it
08/24/11 GOP operatives fear lasting Ron Paul problem
08/16/11 Michele Bachmann and the ‘submissive’ question
08/09/11 Obama partisans ignore facts when bashing Bush
08/02/11 When partisans fling charges of partisanship
07/26/11 Obama could be comeback kid if he heeds Clinton's lessons
07/19/11 Book casts doubt on Obama healthcare story
07/12/11 Controversial budget law begins to pay off
07/04/11 Anti-Mormon bias persists, notably among Dems
06/27/11 Huntsman tries McCain model, but he's no John McCain
06/06/11 Amid media circus, Palin lays out policy positions
05/30/11 GOP condemns Dems' ‘breathtaking’ refusal to produce budget
05/24/11 Eye-for-an-eye filibuster stops Democratic nominee
05/17/11 Amid RomneyCare fight, voters ask: Where's Mitt?
05/10/11 Bin Laden coup won't help Obama in budget fight
05/09/11 Inside the GOP debate: Pawlenty underwhelms, Cain struggles, Santorum scores
05/02/11 Huckabee decision will shape GOP presidential race
04/27/11 Get ready for game of chicken over debt ceiling
04/25/11 McCain: Libyan rebels seek U.S. recognition, might pay for war costs
04/18/11 Have the U.S. and NATO given up on Libya mess?
04/11/11 Reforming entitlements is key to a strong military
04/05/11 Jihadis Who Killed Americans Get U.S. Support in Libya
04/04/11 Unions deploy money and muscle in Battle of Wisconsin
03/30/11 Labor fight in Wisconsin is far from over
03/28/11 Obama fails to grasp the gravity of going to war
03/21/11 Union equates lavish benefits to black civil rights
03/15/11 GOP should heed lesson of 1991: No guts, no glory
03/14/11 GOP focuses on NPR's subsidies, not its politics
03/08/11 While Obama seeks new ideas, his bureaucrats stifle them
02/28/11 Why the GOP shouldn't fear a government shutdown
02/22/11 In Hawaii, a dispiriting glimpse of one-party rule
02/21/11 Obama team uses slippery words to tout budget
02/15/11 Myth and memory: The battle over Reagan's legacy
02/07/11 Invoking Reagan, Palin says ‘this is a time for choosing again’
01/31/11 With each passing year, Reagan grows larger in the American political imagination
01/24/11 House GOP begins long drive to dismantle Obamacare
01/17/11 GOP gears up again to strip NPR of federal funds
01/10/11 To House GOP, illegal immigration is a jobs issue
01/03/11 Obamacare mess is legacy of Dems' moment of power
12/27/10 Smiling Dems will soon cry ‘Washington is broken’
12/20/10 Dems are earmark junkies but GOP goes straight
12/13/10 Needed: A ‘more presidential’ Palin
12/06/10 With Dems in a funk, Obama charts a new course
11/29/10 Obama's poll numbers point to his defeat in 2012
11/22/10 Holder ignored risks of civilian terror trials
11/16/10 Dems love facts and science --- except when they don't
11/08/10 Obama, new GOP lawmakers are on collision course
11/01/10 New GOP star on track to defeat Dem legend Russ Feingold
10/26/10 If Dems lose, Obama will blame everyone but himself
10/19/10 Profligate Congress should read its own bills
10/13/10 Why Big Labor couldn't match Glenn Beck's rally
10/11/10 Trash-talking Democrat faces defeat in Florida
10/05/10 A GOP unknown in striking distance of Barney Frank
09/28/10 Administration inflates green-jobs numbers
09/20/10 In Delaware, GOP should target Dems, not O'Donnell
09/14/10 GOP Insiders Wary of Landslide Predictions
08/31/10 For Obamacare supporters, judgment day approaches
08/23/10 Obama has himself to blame for Muslim problem
08/17/10 Cut spending without cutting services? Start here
08/17/10 For Michelle Obama, extravagance dents popularity
08/09/10 Obama's zealous civil rights enforcer gets busy
08/02/10 A battle between Left and Right --- inside the GOP
07/26/10 GOP spoiling for fight over Berwick appointment
07/20/10 How long will the public tolerate Afghan war?
07/12/10 NASA's Muslim outreach: Al Jazeera told first
07/02/10 Legal complaint against Gore is detailed, credible
06/28/10 Obama and Dems heading for electoral disaster
06/21/10 Who told Obama drilling is ‘absolutely safe’?
06/14/10 Billions for ‘green jobs,’ whatever they are
06/07/10 Sestak a no-go for any job. So what was the deal?
05/31/10 As economic worries worsen, White House puts on the glitz
05/25/10 GOP dilemma: Fight Kagan, or go along?
05/11/10 Enforcing nation's immigration laws would be a bargain
05/03/10 How Obama could lose Arizona immigration battle
04/27/10 What's behind the anti-Tea Party hate narrative?
04/20/10 As government expands, beware the post-office example
04/19/10 Who wins in 2010? Good luck reading tea leaves
04/12/10 GOP Obamacare strategy: Try repeal, then cut
04/05/10 Obamacare was mainly aimed at redistributing wealth
03/30/10 Message to Dems: People still don't like Obamacare
03/23/10 The coming consequences of Obamacare
03/16/10 Marco Rubio and the Republicans who love him
03/15/10 GOP hopes town halls take health care off table
03/08/10 Dems turn risky health vote into manhood contest
03/01/10 Why Obama defies the public on health care
02/22/10 South Carolina mulls 2012: Romney? Palin? Huck?
02/16/10 GOP winning war over Miranda rights for terrorists
02/09/10 Who are the 300 terrorists held in U.S. prisons?
02/02/10 Is Obama dissatisfied with being president?
01/19/10 The Republican dilemma: Good Michael or Bad Michael?
01/12/10 Now the lawmakers are figuring out what they didn't know
01/05/10 GOP deserves blame for Democratic excesses
12/29/09 Dems' dreams of a blue West begin to turn red
12/22/09 Why Dems push health care, even if it kills them
11/30/09 Dems' kamikaze mission: Health care by New Year's
11/23/09 Why it's a mistake to bring Gitmo prisoners here
11/16/09 Dems' slick fix: $210 billion of fiscal restraint
11/10/09 Obama can't be community organizer for the world
11/02/09 At key moment, Obama leaves health post unfilled 10/26/09 ‘Fierce urgency' for jobs, not health care’
10/12/09 Facts hurt Jennings in youth sex controversy
10/05/09 Amid terror threat, Dems chip away at Patriot Act
09/27/09 In Afghanistan, let U.S. troops be warriors
09/21/09 Under fire, Democrats abandon ACORN in drove
09/14/09 Dems stifle Republican health care plans
09/08/09 For Dems, a serious Charlie Rangel problem
09/07/09 Obama's speech: Wrong setting for a sales job
09/01/09 What happened to the antiwar movement?
08/24/09 Why Dems may jam through health care plan
08/17/09 GOP thinks the unthinkable: Victory in 2010
08/10/09 The empty words of a journalist turned flack
08/03/09 Probe finds new clues in AmeriCorps IG scandal
07/27/09 Obamacare haunted by unkept promises of stimulus
07/20/09 Why the GOP failed the Sotomayor test
07/13/09 What the GOPers will ask Sotomayor
06/29/09 Serious questions remain for Mark Sanford
06/22/09 How GOPers can crack the AmeriCorps scandal
06/16/09 Worried about Sotomayor? Consider Andre Davis
06/08/09 Can Mitch Daniels save the GOP?
06/01/09 When the Dems derailed a Latino nominee
05/26/09 Why the GOP will defeat Obama on healthcare
05/19/09 Rosy report can't hide stimulus problems
05/12/09 The Reagan legacy is the man himself
05/05/09 Sen. Specter, meet your new friends
04/27/09 Ted Olson: ‘Torture' probes will never end
04/20/09 Who's Laughing at the ‘Axis of Evil’ today?
04/14/09 Congress needs Google to track stimulus money
04/06/09 Beyond AIG: A bill to let Big Government set your salary
03/30/09 On Spending and the Deficit, McCain Was Right
03/24/09 It's Obama's crisis now
03/17/09: Geithner-Obama economics: A joke that's not funny



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