4 ms·
The President could, and should, say that the law is unconstitutionally broad. It would be a much more conservative reading of the constitution to say that Cong
by iandanforth 14y ago
The President could, and should, say that the law is unconstitutionally broad. It would be a much more conservative reading of the constitution to say that Congress does not have the power to arbitrarily outlaw substances within any and all states. This is why it required a constitutional amendment to outlaw alcohol. Given a traditional legal precedent and a strict-interpretation court the President has both the grounds to deem certain provisions of the law unconstitutional and the belief that that would be upheld by the court. Those are the only two tests he needs to pass to refuse to enforce a portion or all of the law.
Responsibility to enforce the laws of congress:
http://en.wikipedia.org/wiki/Article_Two_of_the_United_States_Constitution#Clause_5:_Caring_for_the_faithful_execution_of_the_law http://en.wikipedia.org/wiki/Article_Two_of_the_United_State...
Right to refuse to enforce un-constitutional provisions: http://www.justice.gov/olc/nonexcut.htm http://www.justice.gov/olc/nonexcut.htm
History of the commerce clause (Or "FDR, how we miss your court packing"): http://en.wikipedia.org/wiki/Commerce_Clause http://en.wikipedia.org/wiki/Commerce_Clause
- jrs235 14y agoCorrect. And if Congress members wish to "sign their retirement letters" by impeaching him over the matter, they have that check/tool in their pockets and at their disposal.
- greenyoda 14y agoBut if Obama claims the law prohibiting drugs is unconstitutionally broad and shouldn't be enforced, he couldn't justify prosecuting the Mexican drug cartels for selling drugs either. And I don't think he wants to go that far toward drug legalization, given what his position has been on this subject so far (he's waged the "war on drugs" as actively as his predecessors have).