tazzygirl
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quote:
ORIGINAL: DesideriScuri
quote:
ORIGINAL: DomKen
quote:
ORIGINAL: DesideriScuri
Your point of Obama's not enforcing laws is accurate and something should be done about it. It may very well turn out that the laws he's decided to not enforce aren't Constitutional, but that needs to be worked out prior to non-enforcement, IMO.
Which laws are you claiming the President is refusing to enforce?
Obama has refused to defend DOMA in court.
Although the Executive Branch should defend laws from court challenges in most instances, I have identified in this Essay four factors that a President should consider in determining whether to take the extraordinary step of refusing to defend the constitutionality of a federal law. If (1) there are no binding judicial precedents on the relevant constitutional issues; (2) those issues are sufficiently broad to raise fundamental normative and policy questions; (3) Congress failed to consider the relevant constitutional issues when it enacted the law; and (4) it is unlikely that the President's decision will preclude judicial review, then he is on firm ground in refusing to defend the statute in question. President Obama's decision not to defend DOMA's constitutionality was appropriate because it satisfied all of these criteria.
http://www.law.northwestern.edu/lawreview/colloquy/2011/21/index.html
During the Eisenhower, Kennedy and Truman administrations, the presidents, in one form or another, refused to defend separate-but-equal facilities in schools and hospitals. The Ford Justice Department refused to defend the post-Watergate campaign finance law, much of which was subsequently upheld by the Supreme Court. The Reagan administration refused to defend the independent counsel law, a law subsequently upheld by the Supreme Court by a 7-to-1 vote. It also refused to defend the one-house legislative veto of many executive actions; in that case, the administration was more successful, winning 7-2 in the Supreme Court. The Clinton administration refused to defend a federal law mandating the dismissal of military personnel who were HIV-positive. The George W. Bush administration refused to defend a federal law that denied mass-transit funds to any transportation system that displayed ads advocating the legalization of marijuana. And in the George H.W. Bush administration, the Justice Department refused to defend a federal law providing affirmative action in the awarding of broadcasting licenses — a law subsequently upheld by the Supreme Court by a narrow 5-4 vote.
http://www.volokh.com/2011/03/01/precedent-for-presidential-refusal-to-defend-statutes-the-administration-believes-to-be-unconstitutional/
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