04/02/2012 05:51 pm ET Updated Jun 02, 2012

Oh My... Did President Obama Forget Marbury v. Madison ? What's Up With Harvard Law School?

Tune in to On the Record at 10pm tonight... if we have time, I am going to discuss this.

Every law school -- yes, even Harvard Law School -- teaches the landmark case Marbury v. Madison. It was decided in 1803 (yes, 1803!). You read it your first year in law school.

The case stands for the proposition that the Supreme Court has the power to review statutes passed by Congress to determine if constitutional or not.

Here is what President Obama said today:

I would just remind conservative commentators that for years what we've heard is the biggest problem on the bench was judicial activism or a lack of judicial restraint that an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example.

And here's more from the Associated Press:

President Barack Obama says he remains confident that the health care law approved during his administration will be upheld by the U.S. Supreme Court.

Obama says: "It's constitutional."

Obama says the health care law was passed by a democratically elected Congress and that he does not think "unelected" members of the Supreme Court should overturn the legislation.

He said Monday the law touches upon economic, legal and human concerns, and he hopes "that's not forgotten in the political debate."

Last week, the health care law faced skepticism from conservative justices during three days of oral arguments, raising questions over whether the president's signature accomplishment will remain intact.

According to Marbury v. Madison, the Supreme Court has the power to review the constitutionality of the health care law (and any other law). So do not be disturbed by them reviewing the health care law. That IS their job.

What may disturb you is that not one member of Congress READ the bill before voting for it... and the president sure didn't read it before he SIGNED it.

But, to get to the president's point about 'unelected officials' -- AND WHAT IS SCANDALOUS -- is that after the 2,700 page law was signed by the president, it got sent to HHS for them to create rules to implement. Those who are writing these rules -- and there are thousands of rules expected -- are not only NOT elected, we don't ever learn their names. They are simply government employees at the HHS with ENORMOUS power over your lives and you have zero say about it. You can't vote them out of office -- they aren't elected and you don't know their names! Yes, THAT is scandalous because they have so much power over your life. Congress -- our elected officials -- should write the rules. They are answerable to us.

We have discussed this On the Record at 10pm many times....

Cross-posted from GretaWire.