Did you hear Specters rant over the Violence Against Women SCOTUS strike-down yesterday? He was furious that Rehnquist (rightly) stopped these jerks from using the Commerce Clause to Federally prosecute discrimination and/or physical or verbal assaults against women. They criticize the SCOTUS for legislating from the bench, but this little Napoleons are happy to make a mockery of the Constitution through outrageous abuse of the Commerce Clause and 14th Amendment. Both Congress and the Judicary are the problem. It is up the President to restrain the excesses of each by refusing to enforce the laws and rulings that are clearly unconstitutional. The President has this power. It is well past time he used it.
I did hear that exchange, and I totally agree with what you said.