The branch of government

Towards the beginning of his term, Obama decided to order his justice department to stop prosecuting certain marijuana laws.  Obama has decided to ignore immigration laws to the point where states have taken the federal government’s duty upon themselves.  When they did, he sued them for it.

Obama is currently being held in contempt of court for reissuing a ban on oil drilling, even after the judge ruled his initial ban unconstitutional.  Contempt of court is somewhat serious in many cases.  Of course, Clinton taught us that Presidents don’t have to worry about things like contempt, perjury and obstruction.  Presidents play by different rules than citizens.

Now apparently they play by different rules than our constitutional government as well.

Today, Obama decided that in addition to the Presidency, he is ready to take on the duties of the Supreme Court.  Today Obama ruled, in a 1-0 decision, that the Defense of Marriage Act is unconstitutional.  As a result, Obama has instructed the department of justice to stop defending the law that elected representatives passed and President Clinton signed.

Now, I’m no Harvard Constitutional scholar, but isn’t judicial review the job of the courts?  Isn’t it the job of the President to uphold the laws of the United States as long as those laws are on the books?

Actually yes.  While Obama pontificates on the constitutionality of DOMA, he is ignoring Article 2, Section 3 of the Constitution that requires the President to take care that the law is faithfully executed.

Obama may not realize this, but ignoring his constitutional duty for partisan political reasons sets a precedent that he may not intend.  For example, what happens when the next President decides that Obamacare is unconstitutional and instructs the justice department and IRS to not enforce it?  Oh wait, a judge already did that. But Obama is willing to force this door to swing both ways, and he is ordering the government to implement Obamacare even though it has been struck down as unconstitutional.

This is not the wild west, and Obama is not John Wayne with a sheriff’s badge.  We have a rule of law in this nation and a Constitution.   It is what separates the United States from Libya or Egypt.  If Obama thinks DOMA is unconstitutional, then he should get Congress to repeal it or let the Supreme Court do its job.  If the President can pick and choose what laws to faithfully execute, then where is our representative constitutional government?



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