Monday, July 8, 2013

A novel defense


For those who may contemplate disobeying or simply ignoring a federal law, say like forgoing paying income tax, here's a novel defense: cite the precedent of the President of the United States failing to uphold the law.  If the President, who taken an oath to obey and enforce federal laws, can disregard or choose not to obey or enforce federal laws, then surely an average citizen who has NOT taken such an oath should be entitled to do the same.  

In detailing the duties of the President, Section 3, Article 2 of the Constitution requires, "he shall take care that the laws be faithfully executed."  

However, our current President decides, from time to time, that he won't apply, enforce, or obey federal law.  For example, the recent announcement that a key element of the Affordable Care Act will be delayed, by Presidential edict.  As Wes Pruden comments, "The language of the Affordable Care Act sets out in Section 1513 in “black-letter law” that its provisions “shall apply to months beginning after December 31, 2013.” The language is plain and clear; only a lawyer or judge could misunderstand it."  The Editors of the Wall Street Journal observe, "The White House seems to regard laws as mere suggestions, including the laws it helped to write."  Other examples abound, such as directing that laws pertaining to deportation of illegal immigrants not be enforced.

An imperial presidency it is not.  Yet Obama, the purported (at least by the media) Constitutional scholar, time and again fails to enforce, obey, and apply federal law.  Our federal laws have a great many shortcomings, but the average citizen can't claim them as defense for failure to obey.  Why, then, can the President deliberately and with forethought, decide not to obey, enforce, or apply the law?  If the laws are incorrect, change them.  Otherwise, the President, above all others, must set the example of equal application of the law.

This President obviously is troubled by laws and the constraints he sees they provide to his desires. Well, cap, there are a lot of laws, federal and state, that constrain my desires.

So the next time you choose, disobey a federal law.  When challenged by the massive federal law enforcement apparatus, simply explain you are following the President's example.

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