Obama's presidential constitutional over-reach is crucial lesson from history

By Kevin Fobbs

If the U.S. Supreme Court rules against the unsound Obamacare, President Obama will not be the first president in modern times to be handed an absolute power grab attempt back to him like day old hash by the court. All one has to do is go back to the early 20th century when another democrat president felt that he had an imperial hold upon how the Constitution and the law should apply, much like the 1995 sci-fi movie character Judge Dredd in the movie "Judge Dredd" The character arrogantly claimed "I am the Law!"

President Franklin D. Roosevelt attempted to usher in a host of overreaching laws to tackle the great depression. These laws appeared more like socialism remedies from the USSR, than actual American democracy's embrace of private sector stimulus solutions.

In fact, then President Roosevelt was called on the proverbial carpet by powerful Ohio U.S. Senator Simeon D. Fess (R-Ohio). Ohioans are known for honest plain-speaking and Senator Fess claimed that Roosevelt was the nation's leading socialist. Senator Fess stated on August 7th 1934, in the Chicago Daily Tribune, that Ohioans and Americans should, "remove any doubt of his policy of state socialism, which necessitates increased activities of the government in either ownership or operation of industry, or both."

Roosevelt, like President Obama had no problem in extending his reach to manipulate and subvert the constitutional limitations of his office. In fact, Obama has likened himself to his idol on many an occasion and he must now prepare himself for a highly probable defeat on constitutional grounds of his Obamacare legislation by the U.S. Supreme court as Roosevelt did in six of eight of his New Deal Laws.

In fact between 1935 and 1936 the U.S. Supreme Court nullified Roosevelt's unconstitutional over-reach attempts in the six cases on the basis of his administration's and then congress's attempt to apply the Interstate Commerce Clause in a manner incompatible with the Constitution.

Sound familiar?

By reigning in this illegal constitutional power grab by a U.S. president, the U.S. Supreme Court forced the Roosevelt administration to strike many of its socialist leaning tactics so that the nation would not be heading down the same pathway as many socialist and fascist-like countries were of that time.

President Obama will most like have a similar rude awakening for his highly constitutionally flawed healthcare law with its misinterpretation of the Interstate Commerce Clause. For a former U.S. Constitutional law professor, this should be more than unsettling for his overt display of entitlement to pronounce how the U.S. Constitution applies or in laws that he refuses to enforce.

Ohioans soundly rejected Obamacare in November of 2011 by a resounding 2-1 measure. Ohioans did not want an unconstitutional mandate applied to their healthcare and as a result the state's constitution was amended, with this addition: "no law or rule shall compel, directly or indirectly, any person, employer, or health care provider to participate in a health care system."

Now it is the Supreme Court's turn to follow Ohio and reject the law. When the U.S. Supreme verdict on Obamacare is handed down, perhaps President Obama should hunker down in the study next to the Oval Office and view the movie "Judge Dredd" He will learn much like the character Judge Dredd, that he like President Roosevelt before him, "Is not the law."

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© Kevin Fobbs