Mike Maharrey: Republicans should ask themselves a question: do they really want EVERY federal law enforced? The Affordable Care Act was predicated on state cooperation with implementation. The large number of states refusing to create exchanges have created big problems for the feds. With the number of laws and regulations constantly growing, we will begin to see, in time, de facto nullification. States will refuse to comply and the federal government lacks the resources to do it all themselves. It creates for Republicans the perfect opportunity to render unconstitutional acts functionally void. This leads us to the more fundamental question: should the president enforce every act of Congress without question? According to leading figures from the founding era, absolutely not. The principle of coordinate construction holds that each branch of the federal government possesses an independent responsibility to uphold the Constitution, and has not only the authority, but a duty to take action based on its view of the constitutionality of an act. tenthamendmentcenter/2014/03/19/no-the-president-should-not-enforce-every-act-of-congress/
Posted on: Fri, 21 Mar 2014 14:02:47 +0000
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