Oh yeah. A follow-up. Correct me if I’m wrong, but my uneducated (non-lawyer) of the law suggests that the Pres and the DOJ can’t declare something unconstitutional. It has to pass Congress or go through a ruling in a court.
Is this understanding correct?
Legally you are probably correct. I agree this is a distraction from the union situation and the Muslim takeover going on in the middle east. But... where is the out cry? If Obama steals our constitution and flushes it down the toilet.. where is the congress? Do they really believe this man will be president forever? When the next guy comes in and says I don’t like laws AB and C so I personally will not follow them do the congressional sheep just nod their heads and go on MSNBC and Shep Smith and say .. aww he’s right? Wake up people.
Only the Supremes, the ones without Diana Ross, can “declare” constitutionality. Of course, Congress is supposed to craft legislation to meet the requirements of constitutionality, but it cannot pass judgment on its own enactments.
Similarly, the executive branch cannot make any binding rulings of constitutionality, but can elect to take positions for or against constitutionality in making policy or in deciding litigation strategy. Presumably, they are to fashion those decisions based on the existing constitutional law as established by the courts.
While the effect of executive decisions impacts the constitutional rights of citizens, a citizen can challenge the executive action in court and the court can strike down or declare that action unconstitutional and restrain the government’s unconstitutional actions. Take for example, oh, I don’t know, Obamacare. Oh, yeah, Obama and Holder are ignoring that court ruling... hmmmmm... lawless government anyone? c.f. Mark Levin.