To: counterrevolutionary
Refusal to enforce a law because it conflicts with the Constitution is consistent with [the faithful execution] requirement But if you think that refusal to enforce a statute because it conflicts with the non-enumerated rights clauses of our constitutions is not faithful execution, then I think you are rendering inert the language in our constitutions that lay out their most fundamental principles.
To: Libertarian Billy Graham
But if you think that refusal to enforce a statute because it conflicts with the non-enumerated rights clauses of our constitutions is not faithful execution, then I think you are rendering inert the language in our constitutions that lay out their most fundamental principles. Well, and this is the main point I've been trying to make. Who says that (to take this specific example) a law against sodomy violates the non-enumerated rights clause?
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