DOMA, Executive Branch Responsibilities, and Executive Inactivism

The post of the day goes to Dave Heughins.  Concerning the President’s take on Dum-er, DOMA.  Heh. Post from what he sent me

The Executive Branch’s responsibility, according to a basic understanding of the definition of the term “executive” is to execute (enforce) the law.  


Teddy Roosevelt could have chosen to ignore blue laws in NY State when Governor, or the cops could ignore traffic laws, or other executives could choose to ignore their Constitutions’ several clauses, to the detriment of two things 1) respect for their various constitutions 2) respect for the execution of their offices, which are empowered by those constitutions.  But they did not.  They executed and execute laws which were or are on the books and unpopular with criminals (speeding laws, blue laws, murder laws, theft laws, pornography laws), despite their personal feelings or “professional assessments,” because those are the laws of the land.  For us to set the precedent that a law does not need to be executed is to shirk office.


Also, in plain, unbastardized English, and without need for some “living, breathing” exegesis or interpretation (as only the Word of God is living and breathing), Article 2, Section 3 of the U.S. Constitution requires the President to “take Care that the Laws be faithfully executed.”  It does not say that the President shall “take care to determine the constitutionality of the Laws,” or “take care to interpret and apply the Laws.” Interpretation of the constitutionality of a given law rests with the Judicial Branch, who judges the law against other laws and against the Constitution.