by David Davenport
September 03, 2013
It looks like a virus is spreading among public officials creating delusions that any one of them may unilaterally decide a law is unconstitutional and decline to follow the law or defend it in court. Is it really the case that a single federal, state, or county official is free to make a judgment about the constitutionality of a law and decline to execute, enforce, or defend it? Are we no longer what founder (and second president) John Adams called “a nation of laws and not of men”? This is part of the controversy surrounding President Obama’s recent decision to suspend aspects of Obamacare, which a member of the executive branch should not be able to do to a law passed by the legislature and signed by the president. It smacks of exactly the sort of monarchical power the founders sought to avoid.