That decision is not a surprise, of course. It's politically expedient. Clinton signed it, after all, and what does HE know about "the Constitution"?
Some sort of "scrutiny" incantation.
So the Congress will be required to defend DOMA.
Article II, Section III does not apply to The Won, eh?
HT: Lonely
I would think this would cause a man of your convictions to break into some chanting and introspection.
ReplyDeleteIt's OK. This is good: from now on, if there's a law we don't like, we just need someone to challenge it while a President who feels as we do is in office. "Oh, we can't defend that law. Strike it from the books as unconstitutional."
ReplyDeleteThat's a pretty big hole for the party of government to have opened. It does something very healthy: it doesn't make it any easier to enact laws, but it makes it a whole lot easier to repeal them, and ban whole sets of Federal endeavors as unconstitutional. Since the Federal government now mostly does things that the Constitution doesn't authorize, a TEA Party-aligned President could have his whole agenda in one term using this method.
It was, I would say, a strategic mistake.