Proposition 8 same sex marriage ban poll

[Clak]

From the way conservatives are thinking about this, you'd think Obama ordered all of government to completely ignore DOMA. All it means is that then justice department will not defend the law, it doesn't mean congress can't or some other group can't try to. If an administration feels that they can no longer defend a law, what are they supposed to do?

I seriously had someone tell me earlier today that what Obama did was unconstitutional, that he (they didn't specify the justice department) must defend all laws no matter what the circumstances. I'll ask again though, how do you defend something you feel can't be defended?

 

[IRHari]

[quote name='thrustbucket']So now the executive branch gets to override all other legislation and law-making and decide which of our nations laws it wants to enforce or defend and which it doesn't?

This is a fun and dangerous precedent.[/QUOTE]

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://volokh.com/2011/03/01/preced...Feed:+volokh/mainfeed+(The+Volokh+Conspiracy)

 

[Strell]

http://www.youtube.com/watch?v=o-id4GKsaQk

Good shot about solar energy too.

 

[Clak]

[quote name='IRHari']http://volokh.com/2011/03/01/preced...Feed:+volokh/mainfeed+(The+Volokh+Conspiracy)[/QUOTE]
I actually mentioned a few of those to someone I was having an argument with. i simply asked them where their outrage was when a few of those happened. They outright denied it ever had before, and that there was no precedent for this.