Friday, August 25, 2006

President Refusing to Enforce Laws He Deems Unconstitutional

Suppose the Supreme Court decides a case, as it did in Plessy v. Ferguson, that reverses Brown v. Board and holds that racially segregated public institutions are not unconstitutional. Now suppose further that Congress passes a law (over the President's veto) that requires public buildings and public facilities to be segregated by race.

The President issues a statement declaring that he disagrees with the Supreme Court's interpretation of the Equal Protection Clause and declares that he will not enforce the segregation law because he believes it is unconstitutional.

Is it proper for the President to follow his interpretation (as opposed to the Court's interpretation) of the Constitution when carrying out his power to "take care that the Laws be faithfully executed" and his oath to "preserve, protect and defend the Constitution of the United States."

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