Tuesday, February 08, 2011

Ronald McDonald Presiding

If I tremble at the lack of talent and intellect that is prevalent in our college graduates, I quake at the thought of what is coming out of our law schools, for these are our future judges. From the Wall Street Journal:

Judge Roger Vinson's order last week declaring ObamaCare unconstitutional has prompted a pair of op-eds by professors at elite law schools: Akhil Reed Amar of Yale, in the Los Angeles Times, and Laurence Tribe of Harvard, in the New York Times. Both profs claim ObamaCare is constitutional.

We were going to write "argue" rather than "claim," but we think that may be too generous. Neither article is a serious piece of legal analysis, because both professors simply refuse to take seriously the legal arguments on the other side, even after those arguments have been accepted by two federal trial judges. Rather than grapple with a novel legal issue in a serious scholarly way, it's as if they stick their fingers in their ears and sing "Law law law law law."

Amar's piece is just insulting. He opens by declaring: "My students understand the Constitution better than the judge," and closes by likening Vinson's order to (we're not kidding) the infamous Dred Scott case: "In 1857, another judge named Roger distorted the Constitution, disregarded precedent, disrespected Congress and proclaimed that the basic platform of one of America's two major political parties was unconstitutional."
There's no way our liberties can survive under the onslaught of an activist judicial system, a socialist President and a Congress full of raving liberals. The system of checks and balances falls apart and tyranny is the ultimate result.

[...] Tribe claims that the judges who overturned ObamaCare "made the confused assertion that what is at stake here is a matter of personal liberty--the right not to purchase what one wishes not to purchase--rather than the reach of national legislative power." That is false. Both judges concluded that Congress had exceeded its constitutional power, not that it had violated an individual constitutional right.
And these clowns are law professors!

As the old adage goes, "Those who can, do; those who can't, teach."


Anonymous said...

I assume that most folks mincing twixt the ivy-covered mastabatoriums of academia are clowns.

Quite Rightly said...

One thing I can guarantee: Amar is teaching his students that they understand the Constitution better than the judge.

And they believe him, too.

sig94 said...

Nickie - it ain't what it used to be. Even an old liberal arts major like me had to do some real thinking before they threw a diploma at me. Now everyone is a communications major - whatever the hell that is. A liar with pedigree papers?

sig94 said...

QR - the fool leading the delusional. Whatta recipe.