CALLER: Yeah. Hey, listen, I am really honored to speak to you, Maha Rushie.
RUSH: Thank you, sir, very much.
RUSH: Yes. I appreciate that.
CALLER: And let me just get to my point. I thought the Supremes gave us very clear instructions and a little bit of a warning when they upheld that part of the Arizona law. Look, if you or I are driving through Arizona and have a busted taillight and get pulled over, they’ve gotta occasionally ask people like you and me to show that we’re citizens or ask us where we’re born, et cetera, et cetera. They have to avoid profiling brown people that look and sound like they’re from Central America. They can’t do that. Then they’ll wind up back in court and they’ll lose. They’ve got to show documentation that they asked African-Americans who look and sound like Americans, white Americans –
As I write this, it is in the evening of 3 April, 2012, and we are facing a potential Constitutional crisis of epic proportions. The President, who happens to be a Constitutional law professor, has made the assertion that it would be “unprecedented” for an unelected court The Supremes to strike down as unconstitutional a law passed by a majority of the elected Congress.
We’re all familiar with the superficial Constitutional issues, which is that courts do exactly this all the time. Because that is exactly their most important role. And, that it wouldn’t matter one bit whether Congress passed the law unanimously; they could still strike it down. OK. We all have that.What is more ominous is the potential crisis which would erupt if a President, riding the swell of righteous Constitutional indignation, or worse, ginned-up populist support, decided to enforce that law anyway whatever it is doesn’t matter.
This isn’t all that far-fetched, given how ludicrous the precipitating statement itself is.OK, then what?The Supreme Court can’t enforce its judgments. Only the Executive can do that. But what if that Executive, of any administration, goes rogue and decides to simply ignore the ruling?In the article Constitutional Quizzery, we discussed the concept that, constitutionally, the President owns your militia. So that’s out.In the article When to Shoot The Colonels, we discussed the fact that high-ranking military officials are political appointees, so the chance of them actually taking action against a sitting President is about nil.This leaves Congress, which passed that law in the first place. Imagine that it is wildly supportive of whatever law was struck down.
“Obama’s gonna make tracks for the first microphone and camera and he’s going to say something like this,” Limbaugh said this afternoon.