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Old 02-26-2014, 08:53 AM  
mikey23545 mikey23545 is offline
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Holder To State Attorneys General: You Don't Have to Enforce Laws You Disagree With

This country is descending into tyranny...

Eric Holder To State Attorneys General: You Don't Have to Enforce Laws You Disagree With


U.S. Attorney General Eric Holder said today that state attorneys general are not forced to defend laws in their states that ban same-sex marriage if they believe it to be unconstitutional.

Holder delivered the remarks at the National Association of Attorneys General Winter Meeting (NAAG) at the Ritz Carlton Hotel in Washington, D.C.

In 2011, Holder and Obama decided that DOJ employees would no longer defend the constitutionality of Section 3 of the Defense of Marriage Act, or DOMA, arguing that the act was unconstitutional discrimination. Since that decision, the Obama Administration has advanced its position on gay rights.

Last summer, the Supreme Court issued a landmark decision in United States vs. Windsor, ruling it unconstitutional under Due Process to restrict the federal interpretation of “marriage” to apply only to heterosexual unions.

“This marked a critical step forward and a resounding victory for equal treatment and equal protection under the law,” Holder noted.

The Obama Administration’s most recent step forward moved to extend veterans benefits to same-sex married couples – a step that Holder wrote in a letter to Congressional leaders “was consistent with the Court’s decision in Windsor in June.”

So far, six attorneys general have refused to defend bans on same-sex marriage, including Mark Herring, D-Va., Kamala Harris, D-Calif., and Ellen Rosenblum, D-Ore.

These state laws are often state constitutional provisions or laws enacted by referendum (people voting directly at the polls), so some find it especially anti-democratic for a state Attorney General not to defend them.

Colorado Attorney General John W. Suthers, R-Colo., voiced his opposition to Holder in a Washington Post editorial earlier this month.

“Depending on one’s view of the laws in question, such a ‘litigation veto’ may, in the short term, be a terrific thing; an unpopular law is defended and the attorney general can take credit. … But in the longer term, this practice corrodes our system of checks and balances, public belief in the power of democracy and ultimately the moral and legal authority on which attorneys general must depend,” Suthers wrote.

Former Virginia Solicitor General, William H. Hurd, also expressed his concern vis-a-vis Holder’s position.

“These are important issues, but the job of an attorney general is not to act as a judge and decide them. His job is to act as an advocate and defend the laws enacted through the democratic process.”


http://abcnews.go.com/blogs/politics...-marriage-ban/


So now, the Obama Brown Shirts will start deciding which laws they shall enforce and which they will not...a hop, skip, and jump away from writing the laws themselves...
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Old 02-26-2014, 11:29 AM   #16
suzzer99 suzzer99 is offline
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Quote:
Originally Posted by petegz28 View Post
Actually I would argue one has a basis in the other. That being said it is not for the DOJ or any other AG to decide what is and what isn't Constitutional. That's what courts are for. Or at least that's what I thought.
It's ultimately up to the courts. But the system breaks down if everyone has their own interpretation of the constitution until their specific issue is ruled.
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Old 02-26-2014, 11:48 AM   #17
BucEyedPea BucEyedPea is offline
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Quote:
Originally Posted by suzzer99 View Post
It's ultimately up to the courts. But the system breaks down if everyone has their own interpretation of the constitution until their specific issue is ruled.
It's not a matter of "everyone" having their own interpretation, it's a matter of state's retaining their mini-sovereignty status as another check on the power of the federal govt.
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Old 02-26-2014, 03:13 PM   #18
cosmo20002 cosmo20002 is offline
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This might shock many of you, but there are lots of laws on the books that aren't enforced for a variety of reasons. Usually it comes down to resources vs the importance of enforcement.

You eve see articles every now and then about how somewhere it's illegal to wear boots on Sundays, or some such nonsense? There was probably some dumb reason for it at the time, but no one is enforcing it now because it isn't worth the resources. That might be a silly example, but the principle is the same--there is discretion about where to put resources for enforcing laws.

This is just one of those little facts of life that's always been true, but is now suddenly completely unacceptable for the purposes of calling Obama a dictator.
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Old 02-26-2014, 03:17 PM   #19
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Old 02-26-2014, 03:41 PM   #20
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I'm not sure why everyone is talking about enforcement of laws (other than the incorrect thread title of course.) The issue is whether or not attorneys general need to argue in court on behalf of laws they believe are unconstitutional. For instance, the Holder DOJ believed that DOMA was unconstitutional and didn't argue in its favor before the Supreme Court. They still enforced the law, though. There is a big difference between those two things.
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Old 02-26-2014, 04:08 PM   #21
HonestChieffan HonestChieffan is offline
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This discussion does not impact if Holder is a scumbag. He was. he is. Will always be.
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Old 02-26-2014, 05:35 PM   #22
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Quote:
Originally Posted by cosmo20002 View Post
This might shock many of you, but there are lots of laws on the books that aren't enforced for a variety of reasons. Usually it comes down to resources vs the importance of enforcement.

You eve see articles every now and then about how somewhere it's illegal to wear boots on Sundays, or some such nonsense? There was probably some dumb reason for it at the time, but no one is enforcing it now because it isn't worth the resources. That might be a silly example, but the principle is the same--there is discretion about where to put resources for enforcing laws.

This is just one of those little facts of life that's always been true, but is now suddenly completely unacceptable for the purposes of calling Obama a dictator.
In Rhode Island it's illegal to throw pickle juice on a trolley. Thanks Obama for letting pickle juice throwers bring down this once great country!
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