Thursday, February 24, 2011

In Defense of Obama

He has less than two years left, so this may be the last time, but I must come to the defense of the Obama administration. I've heard several times in the last two days that Obama is stepping all over separation of powers by deciding the Defense of Marriage Act is unconstitutional without an edict from the court and refusing to press the case. This is as daft as the observers on the left who mocked incoming congressmen last year for saying that they would care about the constitutionality of pending legislation. The Constitution does not say that the Courts are the ultimate arbiter of Constitutionality. If Congress passes a law and the President believes it unconstitutional, he shouldn't defend it. There is even a provision that the Senate and House can appoint their own counsel to defend their laws before the Courts if this happens.

I'll note that I fully expect them to do so, and I fully expect Obama to come out and say that it's a distraction that they're taking up defense of a law he refused to defend in a time of budget constraints. That will be unacceptable politicking, but his decision not to fight for a law he thinks is unconstitutional is perfectly reasonable. I'll also note that I wouldn't be surprised to find a Republican administration in 2013 refusing to defend Obamacare because they believe it Unconstitutional. When that happens the mainstream press will go berserk claiming (as some on the right do now) that the administration is shirking their duty and it's up to the Courts to decide if it is unconstitutional. The mainstream press will be wrong just as the right wingers are now.

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