But almost no one present at the symposium was as petulant as President Obama was yesterday, when he incorrectly claimed that if the Court rules against his landmark legislation it would be taking “an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.”
The implication of his statement was that he hasn’t heard of Marbury v. Madison, in which the Supreme Court laid down the doctrine of judicial review in 1803, and by which the Court can strike down unconstitutional laws. Indeed, since 1981, the Court has struck down 57 specific legislative acts of Congress, an average of two per year.
President Petulant - John Fund
