{"id":2664,"date":"2012-04-05T15:57:36","date_gmt":"2012-04-05T19:57:36","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=2664"},"modified":"2012-04-05T15:57:36","modified_gmt":"2012-04-05T19:57:36","slug":"jay-sekulow-obamas-self-induced-constitutional-clash","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2012\/04\/jay-sekulow-obamas-self-induced-constitutional-clash.html","title":{"rendered":"Jay Sekulow: Obama’s Self-Induced Constitutional Clash"},"content":{"rendered":"

\"\"<\/a>A new development in the weeklong war of words launched by President Obama at the Supreme Court. Today, Attorney General Holder complied with a request<\/a> by a federal appeals court judge to provide a written explanation about the role of the judiciary.<\/p>\n

It all began on Monday when President Obama chastised the high court saying it would be “unprecedented” for the Supreme Court to overturn ObamaCare<\/a>. He also attempted to raise doubts about the legitimacy of such opposition by what he called “activist” and “unelected” justices.<\/p>\n

That prompted Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit<\/a> to express concern about the president’s comments which many view as a challenge to judicial authority. As Judge Smith put it: “That has troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority. And that’s not a small matter.” Judge Smith ordered the Department of Justice to do some homework and to provide a written explanation due today.<\/p>\n

In a three-page letter<\/a>,\u00a0Attorney General Holder, said “the power of the courts to review the constitutionality of legislation is beyond dispute,” though it should only be exercised in “appropriate cases.” He also claimed laws passed by Congress are “presumptively constitutional.”<\/p>\n

As I told Megyn Kelly on FOX News today, this whole episode was a self-induced error by the president and compounded by the Obama Administration. Even the president’s former mentor, Harvard Law School professor Laurence Tribe<\/a>, said the president “obviously misspoke.”<\/p>\nhttp:\/\/www.youtube.com\/watch?v=i8QyjFQioOA&feature=player_embedded<\/a>\n

 <\/p>\n

Most Americans understand the role of the Supreme Court. And, President Obama’s attempt to influence or intimidate the Justices while the ObamaCare case is pending before the high court is totally inappropriate.<\/p>\n

The president certainly has the right to express his opinion about how he hopes the high court will rule on ObamaCare. But, his over-the-top warning crossed the line. As Senate Minority Leader Mitch McConnell<\/a> put it today: The president should “back off” the Supreme Court and let the Court do its work.<\/p>\n

Jay Sekulow<\/a><\/p>\n

 <\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

A new development in the weeklong war of words launched by President Obama at the Supreme Court. Today, Attorney General Holder complied with a request by a federal appeals court judge to provide a written explanation about the role of the judiciary. 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He is also Chief Counsel of the European Centre for Law and Justice (ECLJ). Jay Sekulow is one of the leading defenders of constitutional rights and religious liberties in the United States. Over the past 25 years, Jay Sekulow has amassed an unparalleled record of accomplishment, arguing before the U.S. Supreme Court on 12 occasions. His aggressive litigation strategy before the Supreme Court has led to many landmark First Amendment victories. In his first case before the Supreme Court, Jews for Jesus, Jay Sekulow secured the right of religious groups to pass out tracks in airports. In Mergens, Jay Sekulow successfully protected the right of students to form Bible clubs and prayer groups on public school campuses. In Lamb\u2019s Chapel, Jay Sekulow cleared the way for churches to have equal access to public facilities in the same way that other groups are permitted to utilize those facilities. In the Bray and Operation Rescue cases, Jay Sekulow protected the free speech rights of pro-life advocates to be free from criminal prosecution for conveying their pro-life message. In McConnell v. FEC, Jay Sekulow protected the right of young people to engage in the political process by donating to the campaign of their choice. In Pleasant Grove, Jay Sekulow paved the way for governments to be able to display Ten Commandments monuments, and other monuments of their choosing, in public parks. Through the ACLJ, Jay Sekulow engages the political, legal, and cultural battles facing America today. He routinely works with Members of Congress, advising them on proposed legislation and representing them in critical legal matters. Jay Sekulow has also testified before Congress on the constitutionality of proposed legislation. Also, in addition to being a successful Supreme Court advocate, Jay Sekulow is a highly respected broadcaster. Jay Sekulow is the host of Jay Sekulow Live! which airs each weekday on over 850 radio stations nationwide, in addition Sirius and XM satellite radio. He brings insight and education to listeners daily through this national call-in radio program. He is also the host of the ACLJ This Week, the ACLJ\u2019s weekly television program. Jay Sekulow regularly appears on major media outlets, including FOX News, CNN, ABC, CBS, and NBC, where he is sought out for his vast experience in constitutional law and his unique insight into many of the pressing legal and political issues facing America today. He is frequently quoted in the nation's leading newspapers and often contributes opinion editorials to national publications. Jay Sekulow has also published numerous law review and other scholarly articles. Jay Sekulow has received numerous honors for his groundbreaking legal work in the area of free speech and religious liberties. The Legal Times has named Sekulow one of \u201cThe 90 Greatest Washington Lawyers of the Last 30 Years\u201d and the National Law Journal has twice named Sekulow one of the \u201c100 Most Influential Lawyers\u201d in the United States. In addition, TIME Magazine listed Jay Sekulow as one of the \"25 Most Influential Evangelicals\" in America. Jay Sekulow\u2019s legal work in defense of religious liberties and human rights extends beyond the United States, having founded the ECLJ in Strasbourg, France, which maintains consultative status with the United Nations. He has also opened offices in Pakistan, Africa, and Jerusalem, Israel. Jay Sekulow is a staunch defender of Israel, presenting arguments before the International Criminal Court at the Hague. His efforts in support of Israel\u2019s right to defend itself from terrorist attacks have been commended by Israeli government officials, one official stating, \"Jay was instrumentally-involved in projects that the President of Israel and the Prime Minister put on our national agenda.\" Jay Sekulow also has a passion for educating the next generation of religious liberty advocates. He is a member of the Regent University Law School Faculty as a Distinguished Professor of Law and routinely teaches courses on constitutional law and presents guest lectures. Jay Sekulow has also started educational programs in international human rights law in Strasbourg, France and at Handong University in South Korea. Jay Sekulow is a graduate of Mercer University, earning both a bachelor\u2019s degree and doctor of jurisprudence. Sekulow served on the editorial staff of the Mercer Law Review and graduated cum laude. He later earned a Ph.D. from Regent University, writing his dissertation on American Legal History. Jay Sekulow also serves on the Board of Trustees for The Supreme Court Historical Society in Washington, D.C. Jay Sekulow, ACLJ Chief Counsels full biography and video. Jay Sekulow on Facebook. Jay Sekulow on Twitter. Jay Sekulow on YouTube.","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/author\/jay_sekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2664","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/users\/401"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/comments?post=2664"}],"version-history":[{"count":8,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2664\/revisions"}],"predecessor-version":[{"id":2672,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2664\/revisions\/2672"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=2664"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=2664"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=2664"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}