Feb 25

Justice, the Rule of Law, and President Obama’s DOMA Stance

It is essential in the pursuit of justice that the government play by its own rules.  The reason a country has a constitution is to establish those rules, and to establish how those rules will be created, judged, and enforced.  When a government turns its back on its own rules, it willfully creates injustice by its own definitions.

This brings us immediately to the situation regarding our current president’s position on DOMA.  Apparently, he has been reticent to defend or enforce this law since coming into office and has recently announced publicly that he will no longer defend it.  The media, which is apparently party to this act, portrays this as President Obama denying the constitutionality of the law itself. But President Obama does not have the position to make that claim, as anyone even barely educated in the US form of government clearly knows.

The constitution states that, “The executive Power shall be vested in a President of the United States of America.”

What is executive power?  Black’s Law Dictionary provides this definition of “executive” for us: “As distinguished from the legislative and judicial departments of government the executive department is that which is charged with the detail of carrying the laws into effect and securing their due observance.”

The US Constitution creates a President for the purpose of vesting executive power in him – i.e. power to secure the due observance of the law.  He is not in a place to pass judgment on the law, but simply to carry the law into effect and secure its due observance.  If President Obama were an American patriot, he would uphold his duty or remove himself from the position of responsibility he currently occupies.

When he decides to undermine the law, he violates both the letter and the spirit of the constitution he swore to uphold.  ”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.”

When the president comes out of the closet against a law, he demonstrates his arrogant disregard for America and exposes himself as a law-breaker.  He breaks the law of the constitution and, in so doing , he undermines the American system of justice.  This president has perverted justice and undermined the integrity of our nation.  It is a sad day for those true to America.

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