Days Black People Not Re-Enslaved By Trump

Friday, February 27, 2015

Should Obama Ignore the Federal Courts?

This is what happens when the courts do not rule on the basis of the law, but rather on the basis of personal or public opinion.
But perhaps more unsettling to supporters of constitutional checks and balances is the finding that 43% of Democrats believe the president should have the right to ignore the courts. Only 35% of voters in President Obama’s party disagree, compared to 81% of Republicans and 67% of voters not affiliated with either major party.
On the one hand I think that there are a number of recent decisions that the states ought to simply refuse to recognize because they were plainly done in contravention to precedent, misstating of prior law, or plain unwillingness to stand up for certain principles. But I completely understand what would happen if states and presidents up and decided to ignore rulings whenever they felt like it (even if the reasoning is sound).

This is why it is paramount that the courts be run by people of uncanny respect for the Constitution first and foremost. With a keen eye on things like enumerated rights, separation of church and state and the like. Also a clear understanding that US law comes from English Common Law and should be referred to whenever applicable (gay marriage for instance).