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May 04, 2006

Comments

jaybird

Good for him. That's why we have a SCOTUS, to sort it all out.

PSSST - the executive is a co-equal branch of government under the constitution, not subservient to the legislative, something I would've presumed that you already knew, but apparantly not.

Charlie Hinkle

Article II, Section 3 says that the president "shall take Care that the Laws be faithfully executed." It doesn't say that he "shall take care that the laws he agrees with be faithfully executed." If he thought the laws were unconstitutional, why did he sign them? Signing a law that he believes to be unconstitutional would seem to be a violation of his oath to "preserve, protect and defend the Constitution of the United States."

jaybird

Let me give you a hypothetical. Let's say that the Congress passed a bill, and the President signed it into law, that said that the dog catcher of Montgomery County, Maryland, whoever holds that office, shall also hereafter have all the powers of Article 2 Section 2 of the Constitution, and be the Commander in Chief of the of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States.

And then after he signed the bill the president changed his mind. Under your theory, nyet, nyet, he's bound to the law he signed, and it's good law: the dogcatcher is CinC.

I don't think so.

Realizing that it's a ridiculous example, it nevertheless makes the point.

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