On Monday Obama utilized a famous propaganda technique known as “The Big Lie.” The idea behind the Big Lie is that if your lie is shockingly far from the truth people will assume that it must be true because no reasonable person would say something so shocking if it weren’t true. On Monday Obama publicly disavowed the judicial branch’s authority to strike down unconstitutional laws.
Obama said, “Ultimately, I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.” He added that it would be an example of “judicial activism or a lack of judicial restraint — that an unelected group of people would somehow overturn a duly constituted and passed law.”
Obama’s statement is a Big Lie. There are more than 150 cases in which the Supreme Court had overturned an act of Congress.Since Obama was a professor of law and taught Constitutional law, he knows that his statement is a Big Lie.
Obama also knows that most Americans have not taken a Constitutional law course at a law school. He obviously hoped that his Big Lie would be heard by enough Americans that would adopt the lie and assume that the Supreme Court is overstepping its Constitutional authority.
Users of propaganda also know that the Big Lie has another advantage: When someone points out the absurdity of your lie you can claim that you were misunderstood. After all, no one would say something so absurd on purpose, right? It’s much easier to believe that the Big Liar was misunderstood.
On Tuesday Obama changed his story, saying that he meant that the Supreme Court hadn’t overturned a law that involved the Commerce Clause, as the healthcare law does, in the last 80 years — since the New Deal. This statement is also incorrect, but this later statement is much closer to the truth. Rather than being distracted by an argument about the truthfulness of this later statement, we will simply reiterate that “clarifying” the earlier Big Lie effectively makes the Liar seem to be the victim of a “misunderstanding.”
The most important point here is that Obama intentionally and publicly challenged the authority of the judicial branch of government. This is a very dangerous development because it reflects shocking boldness on the road to total dictatorship.
We at Liberty Legal Foundation are not the only ones deeply disturbed by Obama’s latest public challenge to our Constitutional form of government. On Tuesday judges at the 5th Circuit Court of Appeals ordered a Department of Justice lawyer to deliver a letter from the Department of Justice confirming that the DOJ recognizes the authority of the judicial branch to strike down unconstitutional laws. The 5th Circuit judges are hearing a separate challenge to Obamacare brought by physician-owned hospitals. The Judges gave the DOJ until noon today to deliver the letter. As I write this message we are waiting to hear whether the DOJ complies, and if so, exactly what the letter says.
Liberty Legal Foundation has repeatedly warned that several of the Obama administration’s actions have challenged the separation of powers between the three branches of government.The administration has repeatedly broken federal law and blatantly ignored the Constitution. This latest Big Lie, however, represents a huge leap forward in the administration’s assault on the other two branches. The administration is now trying to influence the public by misinforming the public about the historic roles of the three branches of government.
We will have further updates on this issue over the next several days. For now, please forward this message to everyone you can.