View Poll Results: Can the President veto or repeal a law?

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  • Yes, he can!

    7 43.75%
  • No, only Congress has these enumerated powers

    9 56.25%
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Thread: Can the President veto or repeal a law?

  1. #21
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by PerfectStorm View Post
    You mean that's not Obama's Department of HHS?
    It has nothing to do with ignoring a law.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

  2. #22
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by MaggieD View Post
    Yes. The Obama administration is looking the other way.
    Well, not quite. It's just putting resources elsewhere. Anyone who is caught will still be prosecuted, it's just that the feds won't raid. The state still can.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

  3. #23
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by misterman View Post
    Of course he can.

    He swore an oath to uphold the constitution. He's required not to follow laws he sees as unconstitutional.
    Only the courts determine constitutionality.

    You really need to brush up on your civics.

  4. #24
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by misterman View Post
    Because Obama decided it is unconstitutional.
    He still did it. That's quite a can of worms you seek to open there.


    That sounds like prosecutorial discretion, which is normal.
    Then there's no reason for a particular memo about it, particular coming as it did soon after the failure of the DREAM Act, and how it tacks to many of its provisions.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by misterman View Post
    Of course he can.

    He swore an oath to uphold the constitution. He's required not to follow laws he sees as unconstitutional.
    He's required to faithfully execute the laws. If he thinks it's unconsitutional, he needs to file suit.

    The time for a President to declare something unconstitutional is at the point of veto.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  6. #26
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by PerfectStorm View Post
    Only the courts determine constitutionality.

    You really need to brush up on your civics.
    Absolutely false.

    The power claimed by the courts to interpret the Constitution is based on its oath to uphold it. The President takes that same oath. The President MUST interpret the Constitution to do his job.

    To say that the President must follow a law he finds unconstitutional is absurd on its face. He must refuse or he is violating his oath.

    The reason the courts are seen as interpreters is simply because they often have the last word, because they settle disputes over constitutionality. But a president most certainly does not have to bow to the will of Congress on its interpretation of the Constitution.

    And I'm really really confident about my civics too. Really really.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

  7. #27
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by Objective Voice View Post
    I ask this question because Mitt Romney and other Republican presidential hopefuls have been going around on the campaign trail declaring that they will repeal "ObamaCare" the first day they're in office. But is a repeal or veto of a setting law a presidential enumerated power under the Constitution?

    I think most people would agree, the answer is "NO". Still, I'd like to hear what the readers think.
    They can't just repeal it or veto it after its gone into effect.

    What they can do is however is make it clear to the congress they'll sign something repealing it, and so if the Republicans win a majority in both houses they could push something through and have it on the President's desk to sign and repeal.

    I guess theoritically they could also take actions similar to how certain immigration law simply isn't enforced or given attention, or how some drug laws aren't or weren't paid attention to on the federal level, and possibly take actions on the executive branch end of things not to enact or enforce the tennets of the bill...though I believe that's more of a grey area.

    I think though its along the lines of what Newt said last night...a promise with a condition that the Republicans need to win enough seats to be able to pass the legislation in the congress to get it to the Presidents desk.

  8. #28
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by Harshaw View Post
    He's required to faithfully execute the laws. If he thinks it's unconsitutional, he needs to file suit.
    No, he can - he must - refuse to follow a law he thinks violates the Constitution, and then Congress can sue HIM if it wants.

    The idea that the President is required to violate the Constitution just because another branch tells him to is ridiculous. He is just as much a constitutional officer as any other.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by misterman View Post
    Of course he can.

    He swore an oath to uphold the constitution. He's required not to follow laws he sees as unconstitutional.
    By this reasoning, similarly, a Republican administration finding that the healthcare law is an unconstitutional law could refuse to do any sort of enforcement to states that are not complying with the measure or other sort of actions that require federal enforcement...right?

  10. #30
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    Re: Can the President veto or repeal a law?

    Quote Originally Posted by misterman View Post
    No, he can - he must - refuse to follow a law he thinks violates the Constitution, and then Congress can sue HIM if it wants.

    The idea that the President is required to violate the Constitution just because another branch tells him to is ridiculous. He is just as much a constitutional officer as any other.
    Again, you don't appear to appreciate the can of worms you open with this. The Constitution is silent on who determines constitutionality, but saying the President can -- let alone must -- refuse to enforce anything he says is unconstitutional is a recipe for willy-nilly pandemonium. No one setting up a government would ever envision that.

    Also again, it's ancillary to the point of whether or not Obama has selectively enforced the law; obviously, he has.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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