By Tom Quiner

President Sarah Palin refused to enforce Roe v Wade because she didn’t like the ruling.

Do you think the New York Times would be mute in the face of such a story? Or CBS? Or anyone in the mainstream media?

Of course not.  There would be an outcry like we have never heard of in the history of the howling hysterics on the Left.

And yet these same people are strangely muted at President Obama’s decision to not enforce the Defense of Marriage Act (DOMA), a law passed with large majorities in both houses of Congress.

The example given above comes to us from Newt Gingrich who says the President is acting as a one man Supreme Court and is setting a dangerous precedent.

As Gingrich explained:

“Imagine that Governor Palin had become president. Imagine that she had announced that Roe versus Wade in her view was unconstitutional and therefore the United States government would no longer protect anyone’s right to have an abortion because she personally had decided it should be changed. The news media would have gone crazy. The New York Times would have demanded her impeachment.

First of all, he campaigned in favor of [the law]. He is breaking his word to the American people.

Second, he swore an oath on the Bible to become president that he would uphold the Constitution and enforce the laws of the United States. He is not a one-person Supreme Court. The idea that we now have the rule of Obama instead of the rule of law should frighten everybody.

The fact that the left likes the policy is allowing them to ignore the fact that this is a very unconstitutional act.”

The role of the President is to enforce the laws passed by Congress. President Obama shirks his duty by selectively not enforcing laws in such a partisan fashion.

Is there anything we can do? Mr Gingrich says yes:

“I believe the House Republicans next week should pass a resolution instructing the president to enforce the law and to obey his own constitutional oath, and they should say if he fails to do so that they will zero out [defund] the office of attorney general and take other steps as necessary until the president agrees to do his job.

His job is to enforce the rule of law and for us to start replacing the rule of law with the rule of Obama is a very dangerous precedent.

Clearly it is a dereliction of duty and a violation of his constitutional oath and is something that cannot be allowed to stand.”

The issue isn’t whether a President a law or not.  The issue is: it’s the law.

Enforce DOMA, Mr. President.  It is the duty you swore an oath to when you were elected President of the United States.

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  1. Nick on February 25, 2011 at 6:55 pm

    I just did some searching around and couldn’t find any news stories about Obama refusing to enforce DOMA. From what I understand, he is no longer defending the constitutionality of DOMA in court, which is not the same thing. This is from AG Eric Holder’s statement: “Section 3 of DOMA will continue to remain in effect unless Congress repeals it or there is a final judicial finding that strikes it down, and the President has informed me that the Executive Branch will continue to enforce the law.”

    As for Gingrich’s statement, the presidential oath doesn’t say anything about enforcing the laws of the United States. Here is the Presidential Oath (from Art. II, Sec. 1 of our Constitution): “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” If Obama believes that DOMA is unconstitutional, then he probably shouldn’t be directing his administration to argue that it is constitutional.

    I’m sure the left would be completely up in arms if Sarah Palin refused to enforce Roe v. Wade. Despite the fact that the administration is not refusing to enforce DOMA, the fact that Roe v. Wade is a Supreme Court decision and not a piece of legislation the Supreme Court has not yet reviewed makes the analogy pretty tenuous, because the legal implications of Palin doing that would be entirely different. In Roe v. Wade, the Supreme Court decided the issue, so it wouldn’t be possible to make a good faith argument that the decision is unconstitutional (at least in the legal sense – she could obviously disagree with the decision, but she would be bound to abide by it).

    In any case, refusing to defend legislation a President believes is unconstitutional has been done by many Presidents, though for some reason I doubt Newt Gingrich was calling for the impeachment of George H.W. Bush (refusing to defend the constitutionality of federal affirmative action preferences) or Ronald Reagan (refusing to defend the constitutionality of the IRS’s refusal to give tax breaks to schools that promoted racial segregation) when they did the same thing.

  2. maxine bechtel on February 26, 2011 at 7:50 am

    BRAVO, TOM!! I sent the following op-ed to the Register which expresses similar thoughts:

    “President Obama stunned Traditional Marriage supporters with his announcement that his Administration will no longer defend the Defense Of Marriage Act (DOMA), a Federal BIPARTISAN law, passed in 1996! He has ordered Attorney General Eric Holder not to defend the law, that the law is indefensible! This is sheer arrogance, AND dare we say, bordering on lawlessness!

    How can the President of our Great Republic expect anyone to obey ANY law when he is advocating that he and his minions cavalierly ignore a time-honored law? What message does this send to those lawmakers (some of those in his own party who crafted the law, PLUS a former President, Bill Clinton), who signed that law. One would expect the President to set an example in being a law-abiding citizen! We can’t choose the laws we obey!!

    The President and his Attorney General have a duty to defend lawfully passed legislation, especially when the essence of the law has been upheld by many courts. THIRTY STATES have already passed marriage amendments affirming marriage as the union of one man and one woman! “

  3. Jeane Bishop on February 27, 2011 at 5:36 pm

    I would echo comments made by former Arkansas Gov. Mike Huckabee in response to Obama’s decision to have his administration stop defending a federal law that bans recognition of same-sex marriage. Huckabee interpreted Obama’s actions as saying “I don’t answer to the voters.” Nothing could be farther from the truth.

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