Legal Question in Constitutional Law in Oklahoma
Does the President and the Justice Dept legally have the right to simply decide not to defend any law?
1 Answer from Attorneys
The president and the attorney general have a sworn duty to uphold and defend the Constitution as well as the laws. When they determine that a particular law violates the Constitution, they can't defend both. Since the Constitution takes precedence over any other law, the president had not only the right but also the duty not to enforce an unconstitutional law.
One caveat: the Supreme Court is the final arbiter of what is constitutional and what isn't. The president should defer to the Court on such decisions. But when the Supreme Court hasn't weighed in on a particular statute, I think it's appropriate for the president to decide on his own whether it's constitutional.
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