@GaltsGirl @seanmdav Legal scholars might disagree. It's POTUS' duty to execute the laws. SCOTUS determines constitutionality.
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"... to the best of my ability, preserve, protect and defend the Constitution of the United States."
@justinamash@seanmdav
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Does the president have the authority to determine which laws are unconstitutional?
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yes the branches are co-equal and the executive's check is the choice of what to enforce
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Yes, but... Not to split hairs & I'm all for ignoring crap laws, but exec. can't *judge* a law unconstitutional.
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Unconstitutional by who's definition???? Disagree. Sean Davis correct
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@alllibertynews No,@justinamash is correct. The ratification debates clearly ID'd POTUS' choice to enforce law as a check & balance -
I was in the miltary. This reasoning could apply to "I was only following orders" also
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That's right! Orders should be followed. Anarchy in Military! Nurenberg flawed!
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Read the enlisted oath, compare it to the officer oath, and notice what's different.
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So the bottom line in they MUST follow orders! Or hope they know the law good
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This is just false. Sorry.
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following an unlawful order puts oneself at risk.
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once passed, aren't laws presumed to be constitutional (until ruled otherwise by the courts)?
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how about y'all change the law, what with that whole Congress thing.
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has tried. Meanwhile, states have been nullifying the unlawful federal prohibition.
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You’ve just been burned
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@MiltonWeedman@justinamash@seanmdav What exactly is the precedent for state law trumping federal law? -
The Tenth Amendment, when the federal law is not constitutionally authorized.
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@cdixon25@MiltonWeedman@justinamash@seanmdav And has the law's constitutionality been tried in court?
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