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April 21, 2014

Andrew Silow-Carroll: Passoverkill? Suggestions to make next year's seders even more culturally sensitive

Sara Israelsen Hartley: Seeking the Divine: An ancient connection in a new context

Christine M. Flowers: Priest's execution in Syria should be call to action

Courtnie Erickson: How to help kids accept the poor decisions of others

Lizette Borreli: A Glass Of Milk A Day Keeps Knee Arthritis At Bay

Lizette Borreli: 5 Health Conditions Your Breath Knows Before You Do

The Kosher Gourmet by Betty Rosbottom Coconut Walnut Bars' golden brown morsels are a beautifully balanced delectable delight

April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

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

The Obama Manifesto

By Paul Greenberg




http://www.JewishWorldReview.com | Bashing the Supreme Court of the United States is a presidential tradition almost as old as the Supreme Court itself. Thomas Jefferson began it when he railed against John Marshall's landmark decision in Marbury v. Madison back in 1803. Just as Barack Obama attacked the same, indispensable principle of constitutional law last week. It's called judicial review, and a country can't have a meaningful constitution without it, that is, if it doesn't have a court to ensure that the Constitution is the supreme law of the land -- and can't be overruled by an ordinary act of Congress.

That essential insight keeps getting in the way of willful presidents. Andy Jackson, perhaps the most willful of them all, made no bones about his determination to defy the court when it interfered with his genocidal plans for the American Indian. ("John Marshall has made his decision; now let him enforce it!")

Our current president was only following a time-dishonored tradition this past week when he went to wagging his finger, not for the first time, at the justices of the Supreme Court of the United States. There was no mistaking the bullying tone of his words. You'd have to be blind, deaf and a kneejerk liberal not to sense it. Or just part of the mainstream media.

As he phrased it at his press conference when the subject of his health-care plan and its constitutional chances came up: "For years what we've heard is the biggest problem on the bench was judicial activism or the lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law." His health-care law, he said, was just that. So this court better not mess with it: "And I'm pretty confident that this court will recognize that, and not take that step."

To sum it up, as a headline on the front page of the Wall Street Journal did the next day: "Obama Warns Supreme Court/ Says Overturn of Health-Care Law Would Be 'Unprecedented, Extraordinary Step'."

Unprecedented? Extraordinary? Our president, who is said to have taught constitutional law at one point, has got to know better. For the Supreme Court has been overturning laws on constitutional grounds for two centuries now. It must have done so scores of times -- maybe a couple of hundred. Scholars lose count. I've seen the figure 165 bandied about. That's a lot of precedents.

John Marshall was only the first chief justice of the Supreme Court to rule an act of Congress unconstitutional. If any ordinary law, or any ordinary president, could overrule the supreme law of the law, it wouldn't be supreme. There may be a reason they call it the Supreme Court.

Even before there was a Constitution, while it was still being debated, a feisty commentator named Alexander Hamilton pointed out the inherent logic of the court's authority to uphold it:

"A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents."

Colonel Hamilton's little feuilleton would become Federalist Paper 78. (Newspaper columnists wrote so much better and clearer in his time; the trade has declined considerably since.) John Marshall said much the same thing in his condensed, crystal-clear, and unarguably logical conclusion to Marbury v. Madison. Both documents should be required reading for presidents, and certainly for professors of constitutional law.

Barack Obama is scarcely the first president to throw a tizzy when the Supreme Court acts like a supreme court. Franklin D. Roosevelt and his brain trust were infuriated when the court threw out their Signature Accomplishment, the National Recovery Act.

That doozy of a law proposed to do to the whole national economy what this administration would like to do to all Americans' health care. In response to the court's overturning their plan, the New Dealers set out to pack the court with their own pet judges. They didn't succeed. Americans have this fondness for the rule of law.

If the court's doubting a law's constitutionality is quite precedented, so is a president's threatening it. What gives Barack Obama's performance a peculiar historical piquancy is that the first black president of the United States should now resort to some of the same arguments, almost the same phrases, made in the infamous Southern Manifesto of 1956, which threatened massive resistance to the court's attempt to enforce the rights of black Americans. ("This unwarranted exercise of power by the Court....")

Our president's scholarly pretensions only add a further filip to his ill-concealed threat to the court. If this president weren't so deaf to irony, he himself might be amused by the spectacle of it.

Paul Greenberg Archives

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JWR contributor Paul Greenberg, editorial page editor of the Arkansas Democrat-Gazette, has won the Pulitzer Prize for editorial writing. Send your comments by clicking here.

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