Mr. Obama endorsed nullification of US federal law recently when he instructed US Attorney General Eric Holder to no longer defend the Defense of Marriage Act. Reason: Mr. Obama believes it is unconstitutional. And it may be. Since I am far from being a constitutional scholar, I can only offer my layman’s thoughts on the matter. Quoting from www.domawatch.org, “The Federal Defense of Marriage Act (DOMA) defines marriage as a legal union between one man and one woman for purposes of all federal laws, and provides that states need not recognize a marriage from another state if it is between persons of the same sex.”
Mr. Obama is probably right in his assessment of the DOMA. My limited knowledge of the constitutionality of DOMA suggests that it violates the 10th Amendment by telling states they have permission from the federal government to not recognize a marriage from another state. Why do the states need permission from the federal government? After all, according to www.domawatch.org, There are 30 states that have constitutional amendments protecting traditional marriage, including the three states (Arizona, California, and Florida) that passed constitutional amendments in November 2008. Do they really need the US federal government’s blessing on laws they themselves already passed on their own?
Whether Mr. Obama is correct or not, he has opened the door for nullification action on any and all laws that can be challenged from a constitutionally legal position. Consider a recent case reported in foxnews.com. I quote from the story; “Holder set aside the Board of Immigration Appeals ruling allowing the deportation to Ireland of Paul Wilson Dorman, a gay man illegally in the U.S. Dorman wants to stay in the country with his male partner, with whom he celebrated a civil union in New Jersey. The Board of Immigration Appeals judges had ruled against Dorman on the basis of the Defense of Marriage Act, which defines marriage as between a man and a woman.”
Attorney General Holder intervened in the appeals case and asked if Dorman could be considered a “spouse” under New Jersey law if not for the Defense of Marriage Act. From foxnews.com, “This was an extraordinary measure by the Obama administration and demonstrates a clear commitment to nullify the Defense of Marriage Act,” [Gorman Attorney] Mundy said of Holder’s action. “It’s a far-reaching victory not only for same-sex couples but for immigration reform.” Here we have an attorney echoing a sitting US President on nullification of a US law.
Well well, Mr. President. I like your way of thinking. Why don’t we continue along by applying your theories to the socialist Patient Protection and Affordable Care Act – which is considered unconstitutional by many legal scholars? Let’s start by nullifying it on a federal level. That’s if the current crop of CongressThugs and Senators in Name Only would have the guts to do so. They won’t – so why don’t you Mr. President?
Let’s also nullify the unconstitutional; Environmental Protection Agency, Alcohol Tobacco Firearms and Explosives Agency, USDA, Department of Education, Department of Energy, Department of Homeland Security, Department of Labor, Department of Transportation, Drug Enforcement Administration, Office of Elementary and Secondary Education, Fair Housing and Equal Opportunity, Farm Credit Administration, Farm Service Agency, Federal Citizen Information Center, Federal Communications Commission, Federal Election Commission, Federal Energy Regulatory Commission, Federal Financial Institutions Examination Council, Federal Financing Bank, Federal Interagency Committee for the Management of Noxious and Exotic Weeds … The Federal Reserve …
OK – you get the point. America needs a breath of fresh, clean, non-polluted air. That can only come by nullification of most if not all the US unconstitutional federal agencies along with their stale, stagnant, polluted regulations.
But keep the “Endangered Species Committee” to lend a helping hand to government officials who are no longer needed.
Yes Mr. Obama – Nullification Now.