Aufan59 83 Posted February 25, 2011 Share Posted February 25, 2011 After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny. The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the President has instructed the Department not to defend the statute in such cases. I fully concur with the President’s determination. I quoted the important part, but there is much more here. Thoughts? Link to comment Share on other sites More sharing options...
TitanTiger 20,542 Posted February 25, 2011 Share Posted February 25, 2011 I would say that it's the Supreme Court's job to decide if a law is unconstitutional. The Executive Branch's job is to see that the laws are obeyed. It would seem that Mr. Holder and President Obama need a refresher course on the US Constitution and division of powers. Link to comment Share on other sites More sharing options...
Aufan59 83 Posted February 25, 2011 Author Share Posted February 25, 2011 He has instructed the DOJ to not defend the Defense of Marriage Act anymore, which is within his bounds as president I believe. Link to comment Share on other sites More sharing options...
TitanTiger 20,542 Posted February 25, 2011 Share Posted February 25, 2011 I'm sure he technically has that power, but I don't believe it's supposed to be used for that purpose. You don't stop enforcing or defending something because you've decided to usurp the Judicial Branch's role in government. Link to comment Share on other sites More sharing options...
80Tiger 904 Posted February 25, 2011 Share Posted February 25, 2011 The thought of a president picking and choosing which laws to defend/enforce is not what most believe is a "seperation of powers" especially when the executive branch deemed it unconstitutional and not the court. Where does it stop? It is subverting the process of the court. Link to comment Share on other sites More sharing options...
Aufan59 83 Posted February 25, 2011 Author Share Posted February 25, 2011 Ya, this kind of confused me too. But apparently there is precedent. Link to comment Share on other sites More sharing options...
autiger4life 3 Posted February 25, 2011 Share Posted February 25, 2011 I'm also confused. I didn't know the President had that power. In a sense, all three branches deal with whether something is constitutional. The Congress usually won't pass bills they view as unconstitutional and the President will usually veto them. However, I've never seen it done like this and didn't know it could happen. Link to comment Share on other sites More sharing options...
jj3jordan 2,079 Posted February 26, 2011 Share Posted February 26, 2011 This is just more Obama. He thinks he is so special that he can declare a law unconstitutional. How can any sane person support him? If he has the gall to do this, what else do you think he might be capable of? Who is the enemy of his private army, the one who's first 2 brigades are created in the Obamacare bill? Doesn't that worry some of you just a little? Link to comment Share on other sites More sharing options...
Grumps 3,705 Posted February 26, 2011 Share Posted February 26, 2011 I would say that it's the Supreme Court's job to decide if a law is unconstitutional. The Executive Branch's job is to see that the laws are obeyed. It would seem that Mr. Holder and President Obama need a refresher course on the US Constitution and division of powers. ^^^^^^^^What he said^^^^^^^^^ If the president can declare laws to be unconstitutional then I suppose we can just get rid of the courts. While we are at it we can let the president make the laws and then we can cut out the legislative branch too. What a great new concept! Link to comment Share on other sites More sharing options...
AURaptor 1,128 Posted February 26, 2011 Share Posted February 26, 2011 This is just more Obama. He thinks he is so special that he can declare a law unconstitutional. How can any sane person support him? If he has the gall to do this, what else do you think he might be capable of? Who is the enemy of his private army, the one who's first 2 brigades are created in the Obamacare bill? Doesn't that worry some of you just a little? Since the Nov '10 election, and since it's clear his scam to spend us out of the recession is an abysmal failure, may expected Obama to pull a Clinton, and migrate to the centre. That's not who this guy is. He's a committed, Sal Alinsky socialist, and is doubling down on his far Left agenda. He truly meant it, when he said he wanted to fundamentally transform this country. Link to comment Share on other sites More sharing options...
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